Dakota County v. Glidden
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a motion to dismiss. The suit was on county bonds issued in aid of a railroad. Judgment below for the plaintiff. The defendant brought a writ of error to reverse it.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a motion to dismiss. The suit was on county bonds issued in aid of a railroad. Judgment below for the plaintiff. The defendant brought a writ of error to reverse it. Subse- ■ quently to the judgment, the county settled with the plaintiff and other bondholders, by giving them new bonds bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. These facts were brought before this court by affidavits and transcripts from the county…
1Opinion of the CourtJustice Miller
This case comes before us on a motion to dismiss the writ of error.
The ground of this motion is that since the judgment was rendered, which plaintiff. in error now seeks to reverse, the matter in. controversy has been the subject of compromise between 'the parties to the litigation, which is in full force and binding on plaintiff and defendant, and which leaves nothing of the controversy presented by the present record to be decided.
The evidence of this compromise is not found m the record of the case in the Circuit Court, nor in any proceedings in that court, and it is argued against the…
2Cases cited4 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Cleveland v. ChamberlainSupreme Court of the United States · 1862
- Wood-Paper Company v. HeftSupreme Court of the United States · 1869
- Board of Liquidation of the City Debt v. Louisville & Nashville RailroadSupreme Court of the United States · 1883
3Cited by113 opinions
- Mancusi v. StubbsSupreme Court of the United States · 1972
- Ohio v. Madeline Marie Nursing HomesCourt of Appeals for the Sixth Circuit · 1982
- Itt Rayonier Incorporated v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1981
- Allen v. GeorgiaSupreme Court of the United States · 1897
- La Salle National Bank v. City of ChicagoIllinois Supreme Court · 1954
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