Dissenting Opinion: Brewer, J.

grounds that the plaintiff's remedy was at law and not in equity, and that certain judgments of the state courts could not be reviewed on the reasons put forward. And of the last ground this court, speaking by the Chief Justice, said that it was not in itself a decision of want of jurisdiction because the Circuit Court was a Federal court, but a decision that the Circuit Court was unable to grant relief because of the judgments rendered by those other courts.' 173 U. S. 507. Decree reversed, and cause remanded for further proceedings.

MR. JUSTICE BREWER dissenting.

I dissent from the opinion and judgment in this case. In a purely technical sense it may not be open to criticism. But when, as disclosed, it appears that in the state courts by final determinations, beyond any opportunity of review, the legal and equitable title to the tract in controversy has been adjudged to be in Laidley, (even if there be question of the correctness of those decisions,) it seems to me that under the act of March 3, 1875, referred to in the opinion of the majority, the Federal court not only may rightfully but also should hold that whatever may be the state of the pleadings the liti gation in that court must stop. Of course, everybody knows that when there has been in separate actions in courts of law and equity final determination as to both the legal and equitable title there is no excuse for further litigation, and I think that we sacrifice substance to form when we hold that the Federal court should not, when these facts are disclosed, act promptly, but must wait until the issues presented by pleadings have been attempted to be supported by testimony and the case is ready for final hearing. Interest reipublicæ ut sit finis litium.

Decisions announced without Opinions.

DECISIONS ANNOUNCED WITHOUT OPINIONS DURING THE TIME COVERED BY THIS VOLUME.

No. 110. COUNTY OF COCONINO v. COUNTY OF YAVAPAI. APpeal from the Supreme Court of the Territory of Arizona. Argued-for appellant January 22, 1900. Decided January 29, 1900. Per Curiam. Decree affirmed with costs on the authority of Utter v. Franklin, 172 U. S. 416. Mr. Edward M. Doe for the appellant. No appearance for the appellee.

No. 117. DREYER V. PEASE, SHERIFF, and No. 118, BERGER v. PEASE, SHERIFF. Appeals from the Circuit Court of the United States for the Northern District of Illinois. Submitted January 25, 1900. Decided January 29, 1900. Per Curiam. Final orders affirmed with costs on the authority of Markuson v. Boucher, 175 U. S. 184; Baker v.- Grice, 169 U. S. 284; Tinsley v. Anderson, 171 U. S. 101, and cases cited. Mr. Levy Mayer for the appellants. Mr. Charles S. Deneen for the defendant in error.

No. 120. KITTANING COAL COMPANY V. ZABRISKIE. Appeal from the Circuit Court of the United States for the Eastern District of New York. Argued January 26, 1900. Decided January 29, 1900. Per Curiam. Dismissed for the want of jurisdiction on the authority of Smith v. McKay, 116 U. S. 355; Blythe v. Hinckley, 173 U. S. 501. Mr. John B. Uhle for the appellant. Mr. Henry Crofut White and Mr. Henry P. Wells for the appellees.

No. 191. FARMERS' NATIONAL BANK OF ARKANSAS CITY, KANSAS, V. ROBINSON, RECEIVER. Error to the Supreme Court of the State of Kansas. Submitted February 26, 1900. De

Decisions announced without Opinions.

cided March 5, 1900. Per Curiam. Judgment affirmed with costs on the authority of Conde v. York, 168 U. S. 642; Leyson v. Davis, 170 U. S. 36. Mr. John C. Pollock in support of motions to dismiss or affirm. No one opposing.

Decisions on Petitions for Writs of Certiorari.

No. 325. NEW YORK LIFE INSURANCE COMPANY V. DINGLEY, ADMINISTRATOR. Ninth Circuit. Denied January 15, 1900. Mr. E. J. McCutchen, Mr. Charles Page, Mr. G. W. Hubbell, Mr. Geo. H. Durham and Mr. F. D. McKenney for petitioner. Mr. Henry P. Blair opposing.

No. 463. MECHANICS' SAVINGS BANK V. FIDELITY INSURANCE, TRUST AND SAFE DEPOSIT COMPANY, ADMINISTRATOR. Third Circuit. Denied January 15, 1900. Mr. Russell Duane for petitioner.

No. 440. BOWEN V. NEEDLES NATIONAL BANK. Ninth Circuit. Denied January 15, 1900. Mr. Walter S. Carter for petitioner. Mr. Henry C. Dillon opposing.

No. 484. TURRET STEAM SHIPPING COMPANY, LIMITED, v. HALL. First Circuit. Granted January 15, 1900. Mr. J. Parker Kirlin for petitioner. Mr. Charles Theo. Russell and Mr. Arthur H. Russell opposing.

No. 485. FARMERS' LOAN AND TRUST COMPANY v. WHITEHEAD. Eighth Circuit. Denied January 15, 1900. Mr. Herbert B. Turner, Mr. E. O. Wolcott and Mr. J. F. Vaile for petitioners. Mr. John F. Shafroth opposing.

No. 494. MCCORD LUMBER COMPANY v. DOYLE. Eighth Circuit. Denied January 22, 1900. Mr. A. L. Sanborn for petitioner. Mr. Thomas J. Davis opposing.

Decisions announced without Opinions.

No. 311. WILLIS & BROTHER v. RICE. Fifth Circuit. Denied January 29, 1900. Mr. Eugene Williams and Mr. George Clark for petitioner. Mr. John G. Winter opposing.

No. 500. TOLEDO, ST. LOUIS AND KANSAS CITY RAILROAD COMPANY V. CONTINENTAL TRUST COMPANY OF NEW YORK. Sixth Circuit. Denied January 29, 1900. Mr. James D. Springer and Mr. John Ford for petitioner. Mr. E. C. Henderson, Mr. Willard Parker Butler and Mr. Henry Crawford opposing.

No. 501. ROSE v. CONTINENTAL TRUST COMPANY OF NEW YORK. Sixth Circuit. Denied January 29, 1900. Mr. John S. Miller for petitioner. Mr. E. C. Henderson, Mr. Willard Parker Butler and Mr. Henry.Crawford opposing.

No. 502. CENTRAL TRUST COMPANY OF NEW YORK V. DENVER & RIO GRANDE RAILROAD COMPANY. Eighth Circuit. Denied January 29, 1900. Mr. Henry T. Rogers, Mr. L. M. Cuthbert and Mr. A. H. Joline for petitioners.

No. 452. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. SEARS, EXECUTRIX. No. 453. SAME v. HILL ET AL. No. 454. SAME v. COHEN, and No. 455. SAME v. ALLEN, ADMINISTRATOR. Ninth Circuit. Granted February 5, 1900. Mr. Edward Lyman Short, Mr. Julien T. Davies, Mr. John B. Allen, Mr. F. D. McKenney and Mr. R. C. Strudwick for petitioner. Mr. Stanton Warburton opposing.

No. 155. DENNEHY & COMPANY v. MCNALTA, RECEIVER. Seventh Circuit. Denied February 5, 1900. Mr. M. Salomon for petitioner.

No. 516. PEOPLE OF ILLINOIS EX REL. HUNT, ATTORNEY GENERAL, V. ILLINOIS CENTRAL RAILROAD COMPANY.

Seventh

176a 684 s177 496

Decisions announced without Opinions.

Circuit. Denied February 26, 1900. Mr. E. C. Akin and Mr. John H. Hamline for petitioner. Mr. John N. Jewett opposing.

No. 513. CARTER V. ROBERTS. Second Circuit. Denied February 26, 1900. (Mr. Justice McKenna took no part in the consideration and disposition of this application.) Mr. Abram J. Rose and Mr. Laflin Kellogg for petitioner. Mr. Attorney General and Mr. Solicitor General opposing.

No. 515. LAMPORT AND HOLT v. KING. Second Circuit. Denied February 26, 1900. Mr. Frank D. Sturges for petitioner. Mr. William C. Beecher opposing.

No. 519. PETERS v. UNITED STATES. Ninth Circuit. Denied March 5, 1900. Mr. W. H. Pritchard and Mr. Frederic D. McKenney for petitioner. Mr. Attorney General and Mr. Solicitor General opposing.

No. 509. INTERNATIONAL NAVIGATION COMPANY v. FARR & BAILEY MANUFACTURING COMPANY. Third Circuit. Granted March 5, 1900. Mr. J. Rodman Paul for petitioner. Horace L. Cheyney and Mr. John F. Lewis opposing.

Mr.

No. 510. MAYNARD, ATTORNEY GENERAL, v. GRANITE STATE PROVIDENT ASSOCIATION. Sixth Circuit. Granted March 5, 1900. Mr. Fred. A. Maynard for petitioner. Mr. Moses Taggart opposing.

No. 533. BAKER v. CUMMINGS. Court of Appeals of the District of Columbia. Granted March 5, 1900. Mr. Clarence A. Brandenburg for petitioner.