Brinkley v. Louisville & N. R. Co.
U.S. Circuit Court for the District of Western Tennessee
On Application for Appeal. On the Oth of December, .1898, the plaintiff, describing himself as a “resident of San Joaquin county, California,” tiled this bill, describing the railroad company only as “defendant”; these descriptions, such as they are, being found only in the caption.
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On Application for Appeal. On the Oth of December, .1898, the plaintiff, describing himself as a “resident of San Joaquin county, California,” tiled this bill, describing the railroad company only as “defendant”; these descriptions, such as they are, being found only in the caption. The bill is drawn in four numbered paragraphs, and, being brief, will be here inserted as a part of this statement of the case, to speak for itself, as follows: “To the Chancellor of the Court of Equity in the United States Circuit Court of the Western District of Tennessee. “W. A. Brinkley, Resident of San…
1Opinion of the CourtHammond, J.
(after stating the facts as above). This is an application for an appeal on the pauper’s oath, which ought to be disallowed, «ven if .the appeal were sought with the usual security by bond. But I have been very much perplexed to know whether a court or judge ever should or can refuse an application for an appeal from a final order, that being a question, which properly belongs to the appellate court to determine. But inasmuch as the applicant has ample remedy to apply to another judge, or, it may be, for a mandamus, I have concluded to deny this appeal upon the ground that the case is not…
2Cases cited17 opinions
- Plessy v. FergusonSupreme Court of the United States · 1896
- Civil Rights CasesSupreme Court of the United States · 1883
- Louisville, New Orleans & Texas Railway Co. v. MississippiSupreme Court of the United States · 1890
- Boyle v. Great Northern Ry. Co.U.S. Circuit Court for the District of Washington · 1894
- Bolton v. GardnerNew York Court of Chancery · 1831
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- Edmond C. Fletcher v. Courtney R. Young and Eleanor M. Young, His WifeCourt of Appeals for the Fourth Circuit · 1955
- Smith v. JohnstonCourt of Appeals for the Ninth Circuit · 1940
- Reed v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1901
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