Cooke v. Avery
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 of trespass to try title to a tract of land in Hunt County, Texas, brought by ~W. ~W. Avery, December 24, 1886, against J. H. Cooke; his wife, M. E. Cooke; and the Scottish-American Mortgage Company; in the Circuit Court of the United States for the Northern District of Texas, the plaintiff alleging that he was a citizen, of the State of North.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was an action of trespass to try title to a tract of land in Hunt County, Texas, brought by ~W. ~W. Avery, December 24, 1886, against J. H. Cooke; his wife, M. E. Cooke; and the Scottish-American Mortgage Company; in the Circuit Court of the United States for the Northern District of Texas, the plaintiff alleging that he was a citizen, of the State of North. Carolina; that the defendants Cooke were citizens of the State of Texas; and that the Mortgage Company was an alien corporation and a subject, of…
1Opinion of the Court
Mr. Chief 'Justice Fuller,
after stating the case, delivered the opinion of the court.
The placita shows that the Circuit Court met at Dallas, in the Northern District of Texas, on May 20, 1889, the United States District Judge presiding, but that when the court assembled on-June 8, 1889, pursuant to adjournment, the Circuit Justice, the Circuit Judge, and the District Judge were all present. The bill of exceptions is signed by the District Judge, and as it does not appear that the other judges were present at the trial, which ensued after the meeting of the court, we assume that it was had…
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