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No. 142. SPENCER v. MCMASTER. Appeal from the Supreme Court of the Territory of Wyoming. January 23, 1888: Dismissed, with costs, on motion of Mr. Walter H. Smith of counsel for appellants. Mr. Walter H. Smith and Mr. C. W. Halcombe for appellants. No counsel appearing for appellee. Decree of dismissal of January 23, 1888, set aside, on Mr. Smith's motion, and case restored to the docket on February 13, 1888. May 14, dismissed, with costs, on motion of Mr. Smith. No counsel appearing for appellee.

No. 196. STITZEL v. ATHERTON. Appeal from the Circuit Court of the United States for the District of Kentucky. December 12, 1887: Dismissed, with costs, as per stipulation, on motion of Mr. B. F. Buckner in behalf of Mr. James A. Beattie, counsel for appellants. Mr. John Mason Brown, Mr. Alexander Pope Humphrey and Mr. George M. Davie for appellees.

No. 1051. THE Suffolk v. GOLDSMITH. Appeal from the Circuit Court of the United States for the District of Maryland. January 18, 1888: Dismissed, with costs, as per stipulation, on motion of Mr. M. F. Morris in behalf of Mr. John H. Thomas, counsel for appellants. Mr. Sebastian Brown for appellee.

No. 736. SWETTING v. AMERICAN EMIGRANT COMPANY. Appeal from the Circuit Court of the United States for the Southern District of Iowa. May 14, 1888: Dismissed, with costs, on motion of Mr. W. Hallett Phillips in behalf of Mr. J. H. Call, counsel for appellants. No counsel appearing for appellee.

No. 1327.

TELFNER V. Russ. Error to the Circuit Court of the United States for the Western District of Texas. December 19, 1887 Docketed and dismissed, with costs, on motion of Mr. John J. Weed for defendant in error. No one opposing.

No. 487. TEXAS AND PACIFIC RAILWAY COMPANY v. TOOTHMAN. Error to the Circuit Court of the United States for the Eastern District of Texas. May 14, 1888: Judgment reversed, with costs, as per stipulation, on motion of Mr. A. B. Browne for plaintiff in

error.

Mr. John C. Brown, Mr. A. T. Britton, Mr. A. B. Browne
Mr. C. C. Cole and

and Mr. John F. Dillon for plaintiff in error.

Mr. W. L. Cole for defendants in error.

No. 93. TEXAS AND ST. LOUIS RAILWAY COMPANY IN MISSOURI AND ARKANSAS v. CLEVELAND ROLLING MILL COMPANY. Error to the Circuit Court of the United States for the Eastern District of Missouri. December 2, 1887: Dismissed, with costs, pursuant to the 10th Rule. Mr. John P. Ellis and Mr. B. D. Lee for plaintiff Mr. Henry Hichcock for defendant in error.

in error.

Error to

No. 59. UNION PACIFIC RAILWAY COMPANY V. DYCHE. the Supreme Court of the State of Kansas. November 8, 1887: Judgment reversed, with costs, and cause remanded with instructions to reverse the judgment of the District Court of Riley County, Kansas, as per stipulation, on motion of Mr. J. M. Wilson in behalf of Mr. John F. Dillon, counsel for plaintiff in error. Mr. C. M. Dyche in person.

No. 198. UNITED STATES v. COLGATE. Appeal from the Circuit Court of the United States for the Southern District of New York. April 2, 1888: Dismissed on motion of Mr. Solicitor General for appellant. Mr. Attorney General for appellant. No counsel appearing for the appellee.

No. 1386. UNITED STATES v. BAILEE. Appeal from the Court of Claims. April 23, 1888: Judgment affirmed by a divided court. Mr. Attorney General, Mr. Assistant Attorney General Howard and Mr. F. P. Dewees for appellant. Mr. George A. King and Mr. I. G. Kimball for appellee.

No. 188. WALKER v. DUN. Appeal from the Circuit Court of the United States for the District of Maryland. November 10, 1887: Dismissed, with costs, so far as it relates to the following named appellants, viz.: H. Crawford Black, John Sheridan and John Wilson, Jr., trading as Black, Sheridan & Wilson; M. J. Blake, Edward H. Lee, Melvin C. Gould, John W. Crowell. Thomas Martin, John Hurley, Nicholas Sandberg and Charles Melvin, on

motion of Mr. Sebastian Brown for appellants. Mr. John H. Thomas, Mr. R. H. Smith and Mr. W. W. McFarland for appellees.

No. 335. WEIR PLOW COMPANY v. TURNBULL. Appeal from the Circuit Court of the United States for the Northern District of Illinois. May 4, 1888: Dismissed, as per stipulation, on motion of Mr. J. M. Wilson, in behalf of counsel. Mr. E. A. West and Mr. L. L. Bond for appellant. Mr. J. L. High for appellees.

No. 1363. WILSON v. MCARTHUR. Appeal from the Circuit Court of the United States for the Southern District of Ohio. February 20, 1888: Docketed and dismissed, with costs, on motion of Mr. Lawrence Maxwell, Jr., for appellees. No one opposing.

No. 282. WOODS v. ROSENBAUM. Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. May 3, 1888: Dismissed, with costs, pursuant to the 10th Rule. Mr. David Hall Rice and Mr. Leonard Myers for appellants. Mr. W. J. Budd for appellees.

II.

CASES DISMISSED IN VACATION,

PURSUANT TO RULE 28,

BETWEEN THE FINAL ADJOURNMENT AT OCTOBER TERM, 1886, AND THE COMMENCEMENT OF OCTOBER TERM, 1887.

No. 367. WOODMAN V. MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH. Error to the Supreme Court of the State of Michigan. June 8, 1887: Dismissed pursuant to the 28th Rule. Mr. Frank T. Lodge and Mr. De Forest Paine for plaintiff in error. Mr. E. L. Fancher for defendant in error. See 124 U. S. 161, for subsequent proceedings in this case.

MERCE.

No. 58. BISSELL V. NATIONAL LAFAYETTE AND BANK OF COMError to the Circuit Court of the United States for the Eastern District of Missouri. June 27, 1887: Dismissed pursuant to the 28th Rule. Mr. Upton M. Young for plaintiff in error. Mr. J. E. McKeighan for defendant in error.

No. 87. HENLINE v. PERRINE. Appeal from the Circuit Court of the United States for the Southern District of Illinois. August 22, 1887: Dismissed pursuant to the 28th Rule. Mr. Robert E. Williams for appellants. Mr. Mitchell J. Smiley for appellee.

No. 123. JENKINS V. ANN ARBOR AGRICULTURAL COMPANY. Appeal from the Circuit Court of the United States for the Eastern District of Michigan. August 22, 1887: Dismissed pursuant to the 28th Rule. Mr. Charles F. Burton for appellants. Mr. Ephraim Banning and Mr. Thomas A. Banning for appellee.

No. 177. LEWIS v. IMBODEN. Appeal from the District Court of the United States for the District of West Virginia. June 20, 1887 Dismissed pursuant to the 28th Rule. Mr. S. A. Miller for appellants. Mr. W. Mollohan for appellee.

No. 712.

NEW MEXICO AND ARIZONA RAILROAD COMPANY V. HOBSON. Error to the Supreme Court of the Territory of Arizona, August 23, 1887: Dismissed pursuant to the 28th Rule. Mr. A. T. Britton and Mr. A. B. Browne for plaintiff in error. Mr. Barclay Henley for defendant in error.

No. 183. PLIMPTON V. WINSLOW. Appeal from the Circuit Court of the United States for the District of Massachusetts. June 30, 1887: Dismissed pursuant to the 28th Rule. Mr. Thomas Wm. Clarke for appellant. Mr. John L. S. Roberts for appellee.

No. 110. RUMSEY V. BUсK. Appeal from the Circuit Court of the United States for the Eastern District of Missouri. July 11, 1887 Dismissed pursuant to the 28th Rule. Mr. Robert H. Parkinson for the appellants. Mr. G. M. Stewart for the appellees.

No. 332. UNDERWOOD v. WARREN. Appeal from the Circuit Court of the United States for the Eastern District of Missouri. July 11, 1887: Dismissed pursuant to the 28th Rule. Mr. G. M. Stewart for appellant. Mr. Robert H. Parkinson for appellees.

No. 535. SILL v. SOLBERG. Appeal from the Circuit Court of the United States for the Western District of Wisconsin. August 1, 1887: Dismissed pursuant to the 28th Rule. Mr. Angus Cameron for appellant. Mr. S. U. Pinney for appellee.

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