Fisk v. Henarie
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. The court stated the case as follows : This action was commenced in the Circuit Court of the State of Oregon for the county of Wasco, on November 13, 1883, by James H. Fisk against Daniel Y. B. Henarie, Eleanor Martin, Peter Donahue, Thomas S. Martin, Edward Martin and John D. Wilcox, to recover a commission of ten'per cent, amounting to $60,000, on an alleged sale of ■ a tract of land, known as the…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. The court stated the case as follows : This action was commenced in the Circuit Court of the State of Oregon for the county of Wasco, on November 13, 1883, by James H. Fisk against Daniel Y. B. Henarie, Eleanor Martin, Peter Donahue, Thomas S. Martin, Edward Martin and John D. Wilcox, to recover a commission of ten'per cent, amounting to $60,000, on an alleged sale of ■ a tract of land, known as the Dalles Military Road Grant, containing about 600,000 acres, situated in the counties of Wasco, Grant and Baker. The…
1Opinion of the CourtChief Justice Fuller
After this case had been pending in the state courts from November 13, 1883, to August 1, 1887; had been tried three times before a jury in the Circuit Court, there being, one verdict for defendants, one for plaintiff and one disagreement; and been heard in various phases three times in the Supreme Court of the State, the application was made for removal. Was this application in time? This question is to be determined upon a proper construction of section 2 of the act of Congress of March 3, 1887, for it is not, and could not be, contended that the right of removal could then have been…
Also in this document: Dissent.
2Cases cited10 opinions
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3Cited by79 opinions
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