Legal Opinion

Smith v. Bivens

U.S. Circuit Court for the District of South Carolina

Decided May 19, 1893PublishedCited by 15 opinions

In Equity. Bill for injunction by Henry A. M. Smith, against Joseph Bivens and others.

1Opinion of the Court

tíilVlONTOA, District Judge.

The complainant is the owner of about 8,000 acres of land, in one body, in Colleton county, in this state. The land is valuable for grazing purposes, and beyond this has little value. Complainant has been using it for such purposes, and has been in tbe enjoyment of an income therefrom, derived from a per capita royalty paid by owners of cattle placed in this pasture. When he purchased this property the law of South Carolina required all owners of cattle and stock to keep them fenced in, and, in case they strayed on the lands of others, gave to the owners of such…

2Cases cited10 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  3. Sinking-Fund CasesSupreme Court of the United States · 1879
  4. Mayor of New York v. MilnSupreme Court of the United States · 1837
  5. Starin v. New YorkSupreme Court of the United States · 1885

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3Cited by15 opinions

  1. Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
  2. Board of Trade of City of Chicago v. Cella Commission Co.Court of Appeals for the Eighth Circuit · 1906
  3. Herzberg v. County of PlumasCalifornia Court of Appeal · 2005
  4. Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
  5. Louisville & N. R. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1904

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