Legal Opinion

New York & Cumberland R. Co. v. Myers

Supreme Court of the United States

Decided February 26, 1856PublishedCited by 34 opinions

This case was brought up by writ of error from the circuit court of the. United States for the District of Maine; -. The case- is stated in the opinion of the court.1 With respect to the .point that the bill of exceptions was well taken in this case, the counsel for the plaintiff in error.laiddown' the following propositions':; — _ 1. That the'bill of exceptions in this case is within the intent if not within the very letter of the statute; and therefore it is insisted,…

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This case was brought up by writ of error from the circuit court of the. United States for the District of Maine; -. The case- is stated in the opinion of the court.1 With respect to the .point that the bill of exceptions was well taken in this case, the counsel for the plaintiff in error.laiddown' the following propositions':; — _ 1. That the'bill of exceptions in this case is within the intent if not within the very letter of the statute; and therefore it is insisted, that' the .legal questions • herein presented are regularly within the revisory power of this court. 2. That'if it is not…

1Opinion of the Court

Mr. Justice' CAMPBELL

delivered the opinion of the court., This is an action .-by the defendant in this court (Myers) against the railroad company, for the breach of the covenants in a contract made between these parties in August, 1850, by which 'the defendant agreed to perform certain work, incur charges and expenses, and supply equipments and materials in the • construction of a railroad from the city of Portland, in Maine, to South Berwick, in New Hampshire ; and also to fulfil the unexecuted engagements of certain contractors who had retired before completing their-contract. Before the…

2Cases cited5 opinions

  1. Burchell v. MarshSupreme Court of the United States · 1855
  2. Zeller's Lessee v. EckertSupreme Court of the United States · 1846
  3. Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
  4. Lyle v. RodgersSupreme Court of the United States · 1820
  5. Townson v. MooreSupreme Court of Alabama · 1839

3Cited by34 opinions

  1. Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
  2. Bond v. DustinSupreme Court of the United States · 1884
  3. William v. Ficek v. Southern Pacific Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1964
  4. Pomeroy's Lessee v. State Bank of Ind.Supreme Court of the United States · 1863
  5. Enterprise Wheel and Car Corporation v. United Steelworkers of AmericaCourt of Appeals for the Fourth Circuit · 1959

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