Legal Opinion

Cowley v. Northern Pacific Railroad

Supreme Court of the United States

Decided November 18, 1895No. 67PublishedCited by 73 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. . This was a proceeding originally instituted in the District Court of the fourth judicial district, of Washington Territory, under a territorial statute, to set aside a certain judgment rendered in a case brought by the Railroad Company against the appellant, Cowley, in the same court.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. . This was a proceeding originally instituted in the District Court of the fourth judicial district, of Washington Territory, under a territorial statute, to set aside a certain judgment rendered in a case brought by the Railroad Company against the appellant, Cowley, in the same court. The facts of the case were substantially as follows: In 1886, the Railroad Company began an action against the appellant to recover possession of 120 acres of land within.the limits-of Spokane Falls. In answer to the complaint…

1Opinion of the CourtJustice Brown

The referee, to whom this case was referred by the district territorial court, found, as a matter of fact, that Cowley did not directly authorize Ganahl & Hagan to enter into the stipulation and to consent to judgment, but that the stipulation and judgment were only incidental to the contract of settlement and substantially- embodied in the same terms, and that by reason of such settlement, and the general powers of attorney therein, and the power of attorney executed and given to Hagan, and their general powers as attorneys in the case, they were authorized to act in the manner they did,…

2Cases cited11 opinions

  1. Davis v. GraySupreme Court of the United States · 1873
  2. Marshall v. HolmesSupreme Court of the United States · 1891
  3. Case of Broderick's WillSupreme Court of the United States · 1875
  4. Holland v. ChallenSupreme Court of the United States · 1884
  5. Gaines v. FuentesSupreme Court of the United States · 1876

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3Cited by73 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  4. De Lima v. BidwellSupreme Court of the United States · 1901
  5. Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923

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