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DECISIONS

Decisions announced without Opinions.

ANNOUNCED WITHOUT

OPINIONS

DURING THE TIME COVERED BY THIS VOLUME.

No. 13. VALK v. UNITED STATES. Appeal from the Court of Claims. Submitted October 12, 1897. Decided October 18, 1897. Per Curiam. Judgment affirmed on the authority of Marks v. United States, 161 U. S. 297, and Leighton v. United States, 161 U. S. 291. Mr. John C. Chaney for appellant. Mr. Attorney General and Mr. Assistant Attorney General Thompson for appellee.

No. 270. THORP V. BONNIFIELD. Certificate from the United States Circuit Court of Appeals for the Ninth Circuit. Submitted May 24, 1897. Decided October 18, 1897. Per Curiam. The question whether the United States Circuit Court of Appeals for the Ninth Circuit has jurisdiction of this case answered in the negative on the authority of Aztec Mining Company v. Ripley, 151 U. S. 79, and Steamer Coquitlam v. United States, 163 U. S. 346. Mr. John M. Thurston for plaintiff in error. Mr. E. S. Pillsbury for defendants in error.

No. 58. KETTENRING V. UNITED STATES. Error to the Circuit Court of the United States for the Western District of Arkansas. Submitted October 20, 1897. Decided October 25, 1897. Judgment reversed upon confession of error by counsel for the defendant in error and cause remanded for further proceedings in conformity to law. Mr. William M. Cravens for plaintiffs in error. Mr. Attorney General and Mr. Assistant Attorney General Boyd for defendant in error.

No. 52. DEFER V. DE MAY. Error to the Supreme Court of the State of Michigan. Argued and submitted October

Decisions announced without Opinions.

20, 1897. Decided October 25, 1897. Per Curiam. Dismissed for the want of jurisdiction on the authority of Burlington, Cedar Rapids &c. Railway v. Simmons, 123 U. S. 52; McGourkey v. Toledo & Ohio Central Railway, 146 U. S. 536, and cases cited. Mr. George William Moore for plaintiff in error. Mr. George Gartner for defendants in error.

Appeal from

No. 148. GRAFTON, EXECUTRIX, v. PAINE. the Court of Appeals of the District of Columbia. Submitted October 25, 1897. Decided November 1, 1897. Per Curiam. Dismissed for the want of jurisdiction on the authority of Davis v. Crouch, 94 U. S. 514; Lodge v. Twell, 135 U. S. 232; and McGourkey v. Toledo and Ohio Central Railway, 146 U. S. 536. Mr. Walter D. Davidge and Mr. C. A. Brandenburg for motion to dismiss. Mr. J. M. Wilson and Mr. L. E. Payson opposing.

No. 253. CHARLESTON & SOUTH SIDE BRIDGE COMPANY v. STATE OF WEST VIRGINIA. Error to the Supreme Court of Appeals of the State of West Virginia. Submitted October 25, 1897. Decided November 1, 1897. Per Curiam. Dismissed for the want of jurisdiction on the authority of Morri son v. Watson, 154 U. S. 111; Miller v. Cornwall Railroad Company, 168 U. S. 131, and cases cited. Mr. W. S. Laidley for motion to dismiss. Mr. Malcolm Jackson opposing.

No. 60. REAVES V. OLIVER. Error to and appeal from the Supreme Court of the Territory of Oklahoma. Submitted October 27, 1897. Decided November 1, 1897. Per Curiam. The order or decree sought to be reviewed was not final but interlocutory, and the writ of error and the appeal must be dismissed. Acts September 24, 1789, c. 20, §§ 13, 22, 1 Stat. 81, 84; March 3, 1803, c. 40, 2 Stat. 244; Rev. Stat. §§ 691, 692; Act March 3, 1891, c. 517, 26 Stat. 826; Forgay v. Conrad, 6 How. 201, 205; McLish v. Roff, 141 U. S. 661; American Construction Co. v. Jacksonville, Tampa &c. Railway, 148

Decisions announced without Opinions.

U. S. 372, 378; Smith v. Vulcan Iron Works, 165 U. S. 518, 524. Mr. Frank B. Crosthwaite for plaintiff in error and appellant.

No. 61. SOUTHERN EXPRESS COMPANY V. VIRGINIA EX REL. BUFORD; No. 62. SOUTHERN EXPRESS COMPANY V. VIRGINIA EX REL. PENDLETON; No. 63. SOUTHERN EXPRESS COMPANY v. VIRGINIA EX REL. McCOLGAN; No. 64. SOUTHERN EXPRESS COMPANY V. VIRGINIA EX REL. MCGAVOCK; and No. 65. SOUTHERN EXPRESS COMPANY V. VIRGINIA EX REL. WALKER. Error to the Supreme Court of Appeals of the State of Virginia. Argued October 27, 1897. Decided November 1, 1897. Per Curiam. Judgments affirmed with costs and interest on the authority of Chicago and Grand Trunk Railway Company v. Wellman, 143 U. S. 339. Mr. F. S. Blair for plaintiffs in error. Mr. James A. Walker for defendants in error and Mr. J. J. A. Powell for defendants in error in Nos. 63 and 64.

No. 370. BALDWIN, GUARDIAN, v. COUNTY COMMISSIONERS OF WASHINGTON COUNTY. Error to the Court of Appeals of the State of Maryland. Submitted November 1, 1897. Decided November 8, 1897. Per Curiam. Dismissed for the want of jurisdiction on the authority of Oxley Stave Company v. Butler County, 166 U. S. 648; Eustis v. Bolles, 150 U. S. 361, and cases cited. Mr. Henry Kyd Douglas for motion to dismiss. Mr. Charles A. Boston opposing.

No. 429. DURRANT v. HALE, WARDEN. Appeal from the Circuit Court of the United States for the Northern District of California. Submitted November 1, 1897. Decided November 8, 1897. Per Curiam. Final order affirmed, with costs, on the authority of Hurtado v. California, 110 U. S. 516; Nordstrom v. Washington, 164 U. S. 705; Craemer v. Washington, 168 U. S. 124. Mr. William F. Fitzgerald and Mr. T. C. Catchings for motions to dismiss or affirm. Mr. A. L. Hart and Mr. F. P. Dewees opposing.

VOL. CLXVIII-45

Decisions announced without Opinions.

No. 92. HOUSTON AND TEXAS CENTRAL RAILROAD COMPANY v. BOWLES, and No. 284. HOUSTON AND TEXAS CENTRAL RAILROAD COMPANY V. STRYCHARSKI. Error to the Supreme Court of the State of Texas. Argued and submitted November 4, 1897. Decided November 8, 1897. Per Curiam. Judgments affirmed with costs and interest on the authority of Pennsylvania Railroad v. Jones, 155 U. S. 333, 350; Railroad Company v. Brown, 17 Wall. 445, 450; Texas & Pacific Railway v. Johnson, 151 U. S. 81; Texas & Pacific Railway v. Bloom's Administrator, 164 U. S. 636. Mr. R. S. Lovett and Mr. Maxwell Evarts for plaintiffs in error. Mr. H. M. Garwood for defendants in error in No. 92. Mr. Presley K. Ewing and Mr. H. F. Ring for defendants in error in No. 284.

No. 111. SCHOFIELD, RECEIVER, v. FOLSOM. Error to the Supreme Court of the Territory of New Mexico. Argued November 9, 1897. Decided November 15, 1897. Dismissed for the want of jurisdiction on the authority of Gregory Consolidated Mining Company v. Starr, 141 U. S. 222. Mr. W. B. Childers for plaintiff in error. Mr. Neill B. Field and Mr. Frank W. Clancy for defendant in error.

Appeal

No. 96. BEARDSLEY V. BROOM, ADMINISTRATRIX. from the Supreme Court of the Territory of Utah. Argued November 8, 1897. Decided November 29, 1897. Decree affirmed with costs by a divided court and cause remanded to the Supreme Court of the State of Utah. Mr. Charles C. Dey and Mr. Ogden Hiles for the appellant. Mr. E. M. Allison, Jr., and Mr. James N. Kimball for the appellee.

No. 467. UNION STREET RAILWAY COMPANY OF SAGINAW, MICHIGAN, v. SNOW. Error to the Supreme Court of the State of Michigan. Motions to dismiss or affirm submitted November 15, 1897. Decided December 6, 1897. Per Curiam. Dismissed for want of jurisdiction on the authority of Hen

Decisions announced without Opinions.

U. S. 679;

derson Bridge Company v. Henderson City, 141
Lehigh Water Company v. Easton, 121 U. S. 388; Sioux City
Street Railway Company v. Sioux City, 138 U. S. 98; New
Orleans City and Lake Railroad Company v. Louisiana, 157
U. S. 219. Mr. George W. Weadock in support of motions.

No. 128. NOYES v. SILVER QUEEN MINING COMPANY. Certificate from the United States Circuit Court of Appeals for the Ninth Circuit. Submitted December 1, 1897. Decided December 6, 1897. Question answered in the negative on the authority of Thorp v. Bonnifield, 168 U. S. 703, and cases cited. Mr. W. H. Doolittle for Noyes. Mr. John H. Miller for the Mining Company.

No. 95. BACON V. STEAMER POCONOKET. Certiorari to the United States Circuit Court of Appeals for the Third Circuit. Argued November 3 and 4, 1897. Decided December 13, 1897. Decree affirmed with costs by a divided court and cause remanded to the District Court of the United States for the Eastern District of Pennsylvania. Mr. Theodore Bacon for the appellant. Mr. Henry Flanders and Mr. E. F. Pugh for the appellees.

No. 501. EBANKS v. HALE, WARDEN. Appeal from the District Court of the United States for the Northern District of California. Motions to dismiss or affirm submitted December 13, 1897. Decided December 20, 1897. Per Curiam. Order affirmed with costs on the authority of Durrant v. Hale, &c., Warden, 168 U. S. 705. Mr. T. C. Catchings, Mr. W. F. Fitzgerald and Mr. W. H. Anderson in support of motions.

No. 146. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY v. FULLER, ASSIGNEE. Error to the United States Circuit Court of Appeals for the Eighth Circuit. Argued December 8, 1897. Decided January 3, 1898. Judgment affirmed with

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