Legal Opinion

Texas & Pacific Railway Co. v. Murphy

Supreme Court of the United States

Decided April 21, 1884PublishedCited by 37 opinions

IN ERROR TO THE SUPREME COURT OF TEXAS. This was a motion to dismiss a writ of error, united to a" motion to affirm.

1Opinion of the CourtChief Justice Waite

The defendant in error moves to dismiss this writ on the ground that it is brought to review an order of the court below refusing a rehearing, and not the final judgment. With this motion he unites another to affirm under sec. 5, Rule 6. If these motions are denied he asks that the supersedeas may be vacated. The facts are these :

On the 29th of May, 1883, a judgment was entered by the Supreme Court of Texas affirming a judgment of the District Court of Harrison County. The following entry appears in the record under date of December 21st, 1883 :

Appeal from Harrison.

“The Texas Pacific Railroad…

2Cases cited2 opinions

  1. Brockett v. BrockettSupreme Court of the United States · 1844
  2. Memphis v. BrownSupreme Court of the United States · 1877

3Cited by37 opinions

  1. Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
  2. Morse v. United StatesSupreme Court of the United States · 1926
  3. Southland Industries, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
  4. Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
  5. United States v. EllicottSupreme Court of the United States · 1912

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