New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-04
THE COURTS.
,rN,rrn STATES SUPREME COURT.

,,,,vn oP DECISIONS RENDERED YESTERDAY.
WASHINGTON, Dec. 3.-The transactions OIL
,,e limited states Supreme Court today were as Ioo"s
No 126-J. A. Fay Co., appellants, agt. Cordesn'.
Brothers ct al Appeal from Circuit Court OF the Chee
sta,e for the Southern District of Ohio Decree armed
wthco I'll,
No 1o3-Moses Feibelman, administrator, ETC.. pam
.s IN error agt g. b. Packard United States Marshal et
al In error to the Circuit Court OF the United states W
Che district of louisiana Judgment affirmed with COSTS
and cause remanded to the Circuit Court OF US o'0
states for the Eastern District of Louisiana
No l27.-W. ]. Smith ct al, plaintiffs I'D uloi, %
Malcolm McNeal ct al. In error to the Circuit Couioo
che limited States for the Western District OF
Judgment reversed with costs, aud cause reinanueu 10
further proceedings, In conformity with inc opiN'
this Court. u.s aOt the
No. s6-wrlam Bailey, ct al appeilan.,' Sd
United States. Appeal from the Cour' u O
ment affirmed .,g a, error oQt
No. 671.-Relief Jackson piah'N'
yohn d. Roby, ct al; and ,,.,e. IN error MT
No eI5-John d. Roby. ct al, platinum =. -. :, ar
Relief Jackson. In error 10 'io Ca,raao Judgment
-, a. te for the District of Colorado %
affirmed, the plaintifs IN e''o " -
oo,ive ,grits in this Court -. an.
81 ~ George A. Cunningham appehan', as'' 'no
.,acon and brunswick Railroad Company, Gu a. APp1"
EN- the Circuit Court of the United states ioi "'o
southern District of Georgia TINS was sun
sr,os Of bonds of the Macon and brunswick tlil
s,ranv an,onnting in the aggregate 70 $6oO,ooo'
,h,ch hal been ndOrsed by the Governor Oh oeoisH'
der authority Of the State Legislature IN 1870 INC
rairoad company failed and the Governor in oiuor "
secure the interest Of the state created by us o.
ment of these aud other like bonds, seized inc ROAD
a75 the State by an act OF its Legislature repudated s
on the 5000 bonds here IN controversy
hut confirmed by purchase It's right to the road ana ade
nroviso for the payment Of another earucr series Oh
honds which also bore its Endorsement Inc present sun
broucht by one the holders OF the $6OOOoo series
of bonds against the Governor and treasurer oi 'ne
state and Others to test the question OF the states
Hoh,ity and TO obtain relief The bill was dismissed IN
Che court below the ground that II
was virtually suit against the state ana inc o',o
was not, and could not be maze party 10 IL
er If can he clearly seen that the State is an in
Ssensale party to enable the Court. according 10 the
soTSht the Court viii refuse to take jurisdiction In TINS
ease the state of Georgia Is an indspsnsaoie party ~
in fact the only proper defendant NO one sea ms S
nrsona int crest the matter OF any Official authority
70 grant the relief asked NO @ ba f Se leSl te
70 HE property, and the purchaser under 9rS b
decree would get no title In the absence OF the state Inc
Sto IA in the actual possession of the property ana me
Court can deliver no possession TO the purchser
ihe State Of Georgia the property OF which she "a. mas
both The title and possession On the hypothesis 1at d
Sy plaintiff is vested in the state as Trustee o and
rot in any Of be the rendered. SOsd s against the
nor against its officers nor any oect t IumeI IF
on bronch of the state Government has power TO give
tbs nan relief ii the Legislature Why is II not sued
es hody or its members by mandanuS 10 coinpel iheu
10 provide means pay the States n i
sbsnrty of this proposition shows the mpOssDlny Oh
compelling state to pay its debts by judicial 6T
The decree of tho Circuit Court Is affirmed Oplhou ny
inst;ce Miller: Justices Harlan and Field dissenting
No I05-John f. Phillips, plaintiff in error sgL tnf
Southern Pacific Railroad Company In error to Tue
cnit Court OF the United States for the Dlstct Vi Ca
fornia Judgment affirmed with costs; -. .hc
No io6~Iamcs H. Cox, plaintiff in error, agt- me
Southern Pacific Railroad Company In error 20 t9e I'll
emf Conft of the United states for the District Oh Gan
tornio Judgment affirmed with costs =,
No I170Alfred White ct al, appellants hgt beue r
PAGE Sppeal from Circuit Court of the United 9ut
Co. the Norhern District of the illinois, Appeal SO Ir az
The sane relates to Alfred White. dismissed Tor want o
No 5s7-Alfred sldel. ct al appellants, aet George
IA Grandean, United states Deputy PurVeyoL, 4 HIM. n
No 5S8-Aifred Shde, ct al, appellants ast JanSs "
Rebarison register, etc Motion TO advance grahlsd au
eases assi gned for argument first day Oh SESSION "
Jsnnary next after cases heretofore assgned- ro..
No f35-Frederfck p. Dimptel, ct al, Appearance
act the Ohio and Mississippi Railroad Company o
~; ~ Soi~Frederick T. Frelinghuysen. Secretary o
state plaintiff in ag United states e1 rel JONI
And No 9a5-The United States ex rel the La Aors
silver Mining Company, plaintiff In error a9I Fred
eItck It Frelinghuysen etc. Argument begun