Tompkins v. Little Rock & Ft. S. Ry. Co.
United States Circuit Court
In Equity. This cause first came before the court on demurrer to the bill. For a-full statement of the case, and for the opinion of the court overrulling.the demurrer, see 15 Fed. Rep. 6. Upon final hearing before Mr. Justice Miller and District Judge Caldwell the bill was dismissed in conformity with the opinion of the former. 18 Fed. Rep. 344.
1DissentCaldwell, J.
I dissent from the opinion of the court in this case. I agree with the court that the decision of the supreme court of the state, holding the act under which the bonds were issued unconstitutional, does not affect the rights of the parties to this suit; and that the case of Railroad Cos. v. Schutte, 103 U. S. 118, is conclusive on this point. Any expression of opinion as to the soundness of the decision of the state court or its binding force on this court is-therefore unnecessary. The material question in the case is whether, under the act of 1868, the state had a lien on the roads of the…
2Cases cited29 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Daniels v. TearneySupreme Court of the United States · 1880
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
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3Cited by1 opinion
- Ex Parte FlakeCourt of Criminal Appeals of Texas · 1911