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Frank D. Wanger, Reporter of Decisions. Cases Adjudged in the Supreme Court at October Term, 1994, Beginning of Term, October 3, 1994 Through February 28, 1995
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...was quite as full and specific on the former trial as at the last hearing. In other words, the fact that the appellant did not distinctly specify in its report to the state auditor that a portion of the mileage by it returned consisted of a bridge had no bearing, so far as we can see, upon any question either of law or of fact which the Circuit Court had to determine in the former suit. It results from this view of the case that its failure to specify the fact aforesaid in its return to the state auditor does not alter the conclusive effect of the former decree. In conclusion it is only necessary to add that in our judgment the decree in the suit against Devereux operates as an estoppel and precludes the appellant in this action from contending to the contrary of W hat was there found and determined, namely, that the bridge now in question is a toll-bridge and as such is subject to assessment by the local authorities of Doniphan County. This conclusion, we think, is the necessary result of a long line of Federal adjudications, to wit: Cromwell v. County of Sac, 94 U. S. 351; Campbell v. 1i.'ankin, 99 U. S. 261, 263; Wilson's Executor v. Deon, 121 U. S. 525; Nesbit v. Riverside Independent District, 144 U. S. 610; S()'ltl/ 0773 Minnesota Railway Extension Company V. St. Paul and Sioua: City Railroad Company, 12 U. S. App. 320, and cases there cited. The decree of the Circuit Court being for the right party, on the ground and for the reasons last stated, we have not deemed Opinion of the Court. it necessary or expedient to consider any other questions that have been discussed by coimsel. The decree of the Circuit Court is hereby Afirrrwd. singi N IPP v. PARRISH. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SECOND...