Allen v. Southern Pacific Railroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This .suit, commenced by the Southern Pacific Railroad Company, (the defendant in error here,) against Darwin C. Allen, who is plaintiff in error, was based on eighty-four written contracts entered intp -on the first day of February, 1888. All these contracts' we be made exhibits to the complaint and were exactly alike, except that each contained a description of the particular piece of .land to which it related.
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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This .suit, commenced by the Southern Pacific Railroad Company, (the defendant in error here,) against Darwin C. Allen, who is plaintiff in error, was based on eighty-four written contracts entered intp -on the first day of February, 1888. All these contracts' we be made exhibits to the complaint and were exactly alike, except that each contained a description of the particular piece of .land to which it related. By the contracts the Southern Pacific Company agreed to sell and Darwin C. Allen to buy the land described in each contract…
1Opinion of the Court
Mr. Justice White,
after making .the foregoing statement, delivered the opinion of the court.
It'is asserted that the record is not legally in this court-because the writ of error was allowed by the Chief Justice of the State after the expiration of the time when it could have been lawfully granted. It was allowed within two years of the decree by the state court, but after more than one year had expired. The contention is that writs of error from this court to the.courts of the several States cannot now be law-' fully taken after the lapse of one year from’the final entry of the decree or…
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