Legal Opinion

Withers v. Buckley

Supreme Court of the United States

Decided January 11, 1858PublishedCited by 60 opinions

This case was brought up from the High Court of Errors and Appeals of the State of Mississippi, by a writ'of error issued under the 25th section of the judiciary act. The ease is stated in the opinion of the court. The points made on behalf of the plaintiff in error are taken from the brief of Mr. Yerger: I. There is no doubt of the jurisdiction of the court of equity upon the ease stated by the bill. (4 Cush. Bep., 86; 3 Wend. Bep., 636; 2 John.

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This case was brought up from the High Court of Errors and Appeals of the State of Mississippi, by a writ'of error issued under the 25th section of the judiciary act. The ease is stated in the opinion of the court. The points made on behalf of the plaintiff in error are taken from the brief of Mr. Yerger: I. There is no doubt of the jurisdiction of the court of equity upon the ease stated by the bill. (4 Cush. Bep., 86; 3 Wend. Bep., 636; 2 John. Ch. Bep., 165; 6 Paige's Hep., 262.) > ' II. Apart from any public or private nuisance, the bill alleges special injury to the complainant, which is…

1Opinion of the CourtJustice Daniel

Upon a writ of error to the High Court of Errors and Appeals of the State of Mississippi, under the authority of the 25th section of the act of Congress of September 24th, 1789, establishing the judicial courts of the United States.

The plaintiff in error, by his bill'in the State court, alleged that he is the owner of a large and valuable plantation in the State of Mississippi, situated on what is called Old river, being a former bed of the Mississippi river, but which was cut off and made derelict by a change in the course of the Mississippi in the .year 1796. That the Homochitto river, in…

2Cases cited3 opinions

  1. Fox v. OhioSupreme Court of the United States · 1847
  2. The West River Bridge Company v. DIXSupreme Court of the United States · 1848
  3. Veazie v. MoorSupreme Court of the United States · 1853

3Cited by60 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. Shively v. BowlbySupreme Court of the United States · 1894
  3. Public Utilities Commission v. PollakSupreme Court of the United States · 1952
  4. Spies v. IllinoisSupreme Court of the United States · 1887
  5. Manigault v. SpringsSupreme Court of the United States · 1905

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