Lazarus v. Phelps
Supreme Court of the United States
ERROR 'TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was an action originally begun by "William Walter Phelps to recover of the plaintiff in error, Samuel Lazarus, the rental value of 186,880 acres of land in Texas, from February 5, 1890, at 8 .cents per acre.
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ERROR 'TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was an action originally begun by "William Walter Phelps to recover of the plaintiff in error, Samuel Lazarus, the rental value of 186,880 acres of land in Texas, from February 5, 1890, at 8 .cents per acre. The allegation of the petition was that defendant permitted large herds of his cattle and horses to graze upon plaintiff’s lands and used them for pasturage for other cattle, for which he received hire. The evidence showed that Phelps was the owner in fee simple of 149,716 acres of land situated in…
1Opinion of the CourtJustice Brown
A similar case betiveen the same parties was before this court, and is reported in 152 U. S. 81. In that case the-rental .value of the same lands from April 15, 1887, to February 5, 1890, was recovered, and the judgment sustained by this court.
1. The first error assigned is to the introduction of the record of that case. The proof Avas that, on September 17, 1888, plaintiff instituted a suit in the same court, upon a petition containing allegations similar to those in this case, against the defendant for the use of the land after the expiration of the Curtis and Atkinson lease, and in such…
2Cases cited3 opinions
- Lancaster v. CollinsSupreme Court of the United States · 1885
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Bayard v. ColefaxUnited States Circuit Court · 1820
3Cited by20 opinions
- United States ex rel. Paleais v. MooreCourt of Appeals for the Second Circuit · 1923
- Kaufmann v. United StatesCourt of Appeals for the Third Circuit · 1922
- Blair v. DurhamCourt of Appeals for the Sixth Circuit · 1943
- Johnson v. Anderson-Dunham Concrete Co.Supreme Court of Louisiana · 1947
- Galdston v. McCarthyMassachusetts Supreme Judicial Court · 1938
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