Legal Opinion

MacFarland v. Brown

Supreme Court of the United States

Decided December 1, 1902No. 331PublishedCited by 12 opinions

APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. UndbR the act of Congress entitled “An act for the extension of Pennsylvania avenue southeast, and for other purposes,” approved March 3, 1899, 30 Stat. 1381, the Commissioners of the District of Cefhmbia were by the terms of section 5 of said act “ authorized and directed to institute by a petition- in the Supreme Court of the District of Columbia, sitting as a District Court, a proceeding to condemn the land…

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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. UndbR the act of Congress entitled “An act for the extension of Pennsylvania avenue southeast, and for other purposes,” approved March 3, 1899, 30 Stat. 1381, the Commissioners of the District of Cefhmbia were by the terms of section 5 of said act “ authorized and directed to institute by a petition- in the Supreme Court of the District of Columbia, sitting as a District Court, a proceeding to condemn the land necessary for the extension and widening of Sherman avenue from Florida avenue to "Whitney avenue with the uniform width of…

1Opinion of the CourtJustice Shieas

Whether those provisions of section 263 of the Kevised Statutes of the District of Columbia which provide for a second júry are applicable to this proceeding under the act of March 3, 1899; whether, if entitled to a ¡-.econd jury, the appellees waived such right by filing, in the Supreme Court of the District, exceptions to the verdict and award of the first jury and by ¿ppealing from the order of that court, overruling their exceptions and affirming said verdict and award, to the-Court of Appeals of the District; and whether it was the duty of the commissioners, and not the duty of the…

2Cases cited4 opinions

  1. Phillips v. NegleySupreme Court of the United States · 1886
  2. Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
  3. Humphries v. District of ColumbiaSupreme Court of the United States · 1899
  4. Hume v. BowieSupreme Court of the United States · 1893

3Cited by12 opinions

  1. United States v. BeattySupreme Court of the United States · 1914
  2. Tubman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
  3. Territory of Hawaii ex rel. Holloway v. CottonHawaii Supreme Court · 1906
  4. Ft. Dodge Portland Cement Corp. v. MonkCourt of Appeals for the Eighth Circuit · 1921
  5. Hartranft v. MullownySupreme Court of the United States · 1918

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