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Cases not Otherwise Reported.

No. 1009. GRAND TRUNK RAILWAY COMPANY v. TENNANT. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the first circuit. May 20, 1895. Petition denied. Mr. Almon A. Strout, Mr. Clarence A. Hight, Mr. Henry N. Rice, and Mr. Melville Church for Grand Trunk Railway Company in support of the petition. Mr. Orville D. Baker for Tennant in opposition thereto.

No. 147. GREENWOOD DISTRICT OF SEBASTIAN COUNTY v. MISSOURI AND ARKANSAS MINING AND LUMBER COMPANY. Error to the Circuit Court of the United States for the Western District of Arkansas. January 11, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. John H. Rogers for the plaintiff in error. Mr. E. D. Kenna for the defendant in

error.

No. 350. GULF, COLORADO AND SANTA FE RAILWAY COMPANY V. JOHNSON. Error to the County Court of Coleman County, Texas. May 6, 1895. Judgment reversed, with costs, on the authority of The Gulf, Colorado and Santa Fé Railway Company v. Hefley, No. 255 on the docket for the present term, and cause remanded for further proceedings not inconsistent with the opinion of the court in that case. Mr. A. T. Britton, Mr. A. B. Browne, Mr. J. W. Terry, and Mr. George R. Peck for the plaintiff in error. No appearance for the defendants in error.

No. 98. HALFF 2. PHILLIPS. Appeal from the Circuit Court of the United States for the Northern District of Texas. November 22, 1894. Dismissed, with costs, pursuant to the tenth rule. Mr. Rufus H. Thayer for the appellants. Mr. William Allen Butler, Mr. Gist Blair, and Mr. Adrian II. Joline for the appellees.

No. 145.

HAT SWEAT MANUFACTURING COMPANY v. DAVIS SEWING MACHINE COMPANY. Appeal from the Circuit Court

Cases not Otherwise Reported.

of the United States for the Northern District of New York. January 11, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. John R. Bennett for the appellant. No appearance for the appellee.

No. 243. HAVEMEYER AND ELDER SUGAR REFINING COMPANY V. MAGONE. Error to the Circuit Court of the United States for the Southern District of New York. April 8, 1895. Judgment affirmed, with costs, by a divided court. Mr. Edwin B. Smith for the plaintiff in error. Mr. Attorney General and Mr. Assistant Attorney General Whitney for the defendant in

error.

No. 23. HAVEN v. BORLAND. Error to the Circuit Court of the United States for the Northern District of California. October 10, 1894. Dismissed, with costs, pursuant to the nineteenth rule. Mr. W. W. Cope for the plaintiff in error. G. W. Towle, Jr., for the defendant in error.

Mr.

No. 257. HAYES v. FISCHER. Appeal from the Circuit Court of the United States for the Southern District of New York. October 8, 1894. Dismissed per stipulation. Mr. Livingston Gifford for the appellant. Mr. Edmund Wetmore for the appellee.

No. 332. HAYS v. APGAR. Appeal from the Circuit Court of the United States for the District of New Jersey. May 3, 1895. Dismissed, each party to pay his own costs, per stipulation. Mr. D. M. Porter for the appellant. Mr. Gilbert Collins for the appellee.

No. 177. HITCHCOCK V. WANZER LAMP COMPANY. Appeal from the Circuit Court of the United States for the Northern District of New York. January 24, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. Anthony Pollok for the appellants. Mr. E. II. Brown for the appellees.

Cases not Otherwise Reported.

No. 989. HUNTER V. UNITED STATES. Error to the Circuit Court of the United States for the Northern District of Georgia. April 15, 1895. Docketed and dismissed on motion of Mr. Solicitor General Conrad for the defendant in error. No one opposing.

No. 300. HUSTON v. LOOKOUT MOUNTAIN RAILROAD COMPANY. Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. January 24, 1895. Dismissed, with costs, on authority of counsel for the appellants. Mr. J. D. Brannon and Mr. J. S. Pilcher for the appellants. No appearance for the appellees.

No. 288. HYDE v. HOGUE. Appeal from the Circuit Court of the United States for the District of West Virginia. April 9, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. T. B. Swann for the appellants. Mr. J. F. Brown for the appellees.

No. 159. INLAND AND COASTWISE TRANSPORTATION COMPANY v. CORNELL. Appeal from the Supreme Court of the District of Columbia. January 15, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. W. Willoughby for the appellants. M. J. A. Hyland for the appellees.

No. 929. JOHNSON V. VAN WYCK. Error to the Court of Appeals for the District of Columbia. March 4, 1895. Docketed and dismissed, with costs, on motion of Mr. William F. Mattingly for the defendant in error. No one opposing.

No. 78. JONES V. VIRGINIA. Error to the Supreme Court of Appeals of the State of Virginia. November 12, 1894. Dismissed, with costs, pursuant to the tenth rule. Mr. W. W. Larkin for the plaintiff in error. Mr. R. Taylor Scott for the defendant in error.

Cases not Otherwise Reported.

No. 279. KENNER V. BITELY. Appeal from the Circuit Court of the United States for the Western District of Virginia. April 8, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. John A. Buchanan for the appellant. No appearance for the appellee.

No. 334. KING v. JACKSON. Appeal from the Circuit Court of the United States for the Western District of Tennessee. March 14, 1895. Dismissed, the cause having abated owing to the death of the appellant, on motion of Mr. Don M. Dickinson for the appellant. Mr. Don M. Dickinson for the appellant. No appearance for the appellee.

No. 259. KIRK v. Du Bois. Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. October 8, 1894. Dismissed, with costs, on authority of counsel for appellants. Mr. W. Bakewell for the appellants. Mr. G. A. Jenks for the appellee.

No. 1001. KNEVALS . FLORIDA CENTRAL AND PENINSULAR RAILROAD COMPANY. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the fifth circuit. May 20, 1895. Petition denied. Mr. II. Bisbee, Mr. James E. Padgett, and Mr. Edwin Forrest for Knevals, trustee, in support of petition. Mr. Samuel F. Phillips, Mr. Frederic D. McKenney, and Mr. Julien T. Davies for Florida Central and Peninsular Railroad Company et al. in opposition thereto.

No. 397. LAWSON V. KELLY. Error to the Supreme Court of the State of Texas. March 25, 1895. Dismissed, with costs, on authority of counsel for the plaintiff in error. Mr. Walter Gresham for the plaintiff in error. Mr. S. R. Fisher for the defendant in error.

VOL. CLIX-17

Cases not Otherwise Reported.

No. 556. LEACH v. WATERVALE MINING COMPANY. Appeal from the Supreme Court of the Territory of Arizona. May 20, 1895. Dismissed, with costs, on motion of Mr. A. B. Browne for the appellants. Mr. A. T. Britton and Mr. A. B. Browne for the appellants. No appearance for the appellee.

No. 206. L. E. WATERMAN COMPANY v. WEBSTER. Appeal from the Circuit Court of the United States for the Southern District of New York. January 29, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. W. S. Logan for the appellant. Mr. Arthur v. Briesen for the appellees.

No. 882. LINCK V. SALT LAKE CITY. Supreme Court of the Territory of Utah.

Appeal from the
January 10, 1895.

Docketed and dismissed, with costs, on motion of Mr. J. L. Rawlins for the appellees. Mr. J. L. Rawlins for the appellees in support of motion. No opposition.

No. 163. MADDOCK V. COXON. Appeal from the Circuit Court of the United States for the District of New Jersey. January 16, 1895. Dismissed, with costs, pursuant to the tenth rule. Mr. F. C. Lowthorp for the appellant. Mr. W. B. Preble for the appellees.

Error to the Supreme

No. 79. MALLAN V. BRANSFORD. Court of Appeals of the State of Virginia. November 12, 1894. Dismissed, with costs, pursuant to the tenth rule. Mr. W. W. Larkin for the plaintiffs in error. No appearance for the defendant in error.

No. 985. MALOY v. DUDEN. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the second circuit. April 22, 1895. Petition denied. Mr. W. D. Davidge, Mr. Wm. McArthur, and Mr. D. M. Neuberger for Maloy in support of petition. Mr. Ronald K. Brown for Duden in opposition thereto.

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