HENNESSY
v.
SHELDON

U.S. | 1870-12-01
12 Wall. 440 Supreme Court of the United States (1870) Caution
Also reported at: 20 L. Ed. 446 · 1870 U.S. LEXIS 1213 · SCDB 1871-039
Cited by 13 cases

Opinion of the Court
The CHIEF JUSTICE.

The CHIEF JUSTICE.

There is nothing in the record which tends to show error in this judgment, or to repel the conclusion that the writ is prosecuted merely for delay. The judgment must, therefore, be

Aeeirmed with ten per cent, damages.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • State v. Lock Davidson and Ernest H. Every, 115 Fla. 772 (Fla. 1934)
    …an allegation that at the time the writ was issued there were only two members of the Board in being. . The .record shows that service was made on these two members and that they were in default. In the case of Cooley v. O’Connor, 12 Wallace 398, 20 L. Ed. 446, the Supreme Court of the United States said: “This is a general rule for private agencies, though it is not universal in its application. But the rule is otherwise' when'the authority is of a public nature, as it was in this case. The commissione…
  • Bessette v. W. B. Conkey Co., 194 U.S. 324 (U.S. 1904)
    …a party to the suit, and cannot be regarded as interlocutory — we are of opinion that there is a right of review in the Circuit Court of Appeals. Such review must, according to the settled, law of this court, be by writ of error. Walker v. Dreville, 12 Wall. 440; Deland v. Platte County, 155 U. S. 221; Bucklin v. United States, 159 U. S. 680. On such a writ only matters of law are considered. The decision of the trial tribunal, court or jury, deciding the facts, is conclusive as to them. We, therefore, ans…
  • …by the complaint, and granted by the court, was purely equitable, and the proceeding was in the nature of a suit in equity. Canal Co. v. Gordon, 6 Wall. 561; Davis v. Alvord, 94 U. S. 545; Brewster v. Wakefield, 22 How. 118, 128; Walker v. Dreville, 12 Wall. 440; Marin v. Lalley, 17 Wall. 14; Rule 92 in Equity. The district court so treated the case, as is evident from its having made its own findings of fact on some of the questions at issue, and having based its decree, not upon the findings of the jury,…

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