Legal Opinion

Cubbins v. Mississippi River Commission

District Court, E.D. Arkansas

Decided April 9, 1913No. 317PublishedCited by 8 opinions

'In Equity. Suit by John F. Cubbins against the Mississippi River Commission and others. On demurrer to bill. The complainant seeks by this bill to enjoin the Mississippi River Commission, created by an act of Congress, and also the commissioners of all the levee boards in the states of Missouri, Arkansas, Tennessee, Mississippi, and Louisiana, from maintaining and repairing, as will be more fully set out hereafter, the levees along the banks on both sides of the Mississippi…

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'In Equity. Suit by John F. Cubbins against the Mississippi River Commission and others. On demurrer to bill. The complainant seeks by this bill to enjoin the Mississippi River Commission, created by an act of Congress, and also the commissioners of all the levee boards in the states of Missouri, Arkansas, Tennessee, Mississippi, and Louisiana, from maintaining and repairing, as will be more fully set out hereafter, the levees along the banks on both sides of the Mississippi river which have been constructed by the different levee districts of these States, aided by the Mississippi River…

1Opinion of the CourtTrieber, District Judge

(after stating the facts as above). The right of the states bordering on the Mississippi river and its tributaries to construct and maintain levees along the banks of said river has been exercised from time immemorial, and until the filing of this bill has never been questioned in the courts. All the territory embraced in the bill lying on the western bank of the Mississippi river was a part of the Louisiana Territory acquired by the United States from France, and under the laws of France, as well as Spain, the former owners of that territory, in force prior to and at the time of the purchase…

2Cases cited34 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  3. Scott v. NeelySupreme Court of the United States · 1891
  4. Manigault v. SpringsSupreme Court of the United States · 1905
  5. Kansas v. ColoradoSupreme Court of the United States · 1907

29 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
  2. Gray v. Reclamation District No. 1500California Supreme Court · 1917
  3. Los Angeles Brick & Clay Products Co. v. City of Los AngelesCalifornia Court of Appeal · 1943
  4. Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
  5. Pope v. BlantonDistrict Court, N.D. Florida · 1935

3 more not listed; retrieve them via the Exa API.

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