RAILROAD COMPANY
v.
JOHNSON

U.S. | 1872-12-01
My brothers CLIFFORD and FIELD concur in this dissent.
15 Wall. 195 Supreme Court of the United States (1872) Positive Treatment
Also reported at: 21 L. Ed. 178 · 1872 U.S. LEXIS 1247 · SCDB 1872-107
Cited by 2 cases

Opinion of the Court
Mr. Justice MILLER

Mr. Justice MILLER delivered the opinion of the court.

In accordance with the principles settled by this court in the cases of Knox v. Lee, and Parker v. Davis

*

which were affirmed in Dooley v. Smith,† the tender was a good and valid one, and the judgment for coin is erroneous, and must be reversed. It is, therefore, ordered that the judgment of the Supreme Court of Errors of Connecticut be, and the same is hereby, reversed, and the cause remanded to that court for further proceedings

In conformity with this opinion.

*

12 Wallace, 457.

13 Id. 604.

Dissent
The CHIEF JUSTICE

The CHIEF JUSTICE dissenting: I think it my duty to express my dissent from the judgment just announced, for the reasons stated in the opinion of the court in Hepburn v. Griswold,

*

and in the dissenting opinions in Knox v. Lee, and Parker v. Davis.

My brothers CLIFFORD and FIELD concur in this dissent.

*

8 Wallace, 603.


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  • Legal Tender Case. Juilliard v. Greenman, 110 U.S. 421 (U.S. 1884)
    …se, the court is unanimously of opinion that it cannot be distinguished in principle from the. cases heretofore determined, reported under the names of the Legal Tender Cases, 12 Wall. 457; Dooley v. Smith, 13 Wall. 604; Railroad Company v. Johnson, 15 Wall. 195; and Maryland v. Railroad Company, 22 Wall. 105 ; and all the judges, except Mr. Justice Field, who adheres to the views expressed in his dissenting opinions in those cases, are of opinion that they were rightly decided. The elaborate printed brief…

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