George Schlosser v. Hemphill
Decision Date | 08 May 1905 |
Docket Number | No. 175,175 |
Parties | GEORGE SCHLOSSER, Plff. in Err. , v. W. L. HEMPHILL, Richard Ryan, and Palo Alto County, Iowa |
Court | U.S. Supreme Court |
The case is thus stated by the supreme court of Iowa, to which it had been carried by appeal from the district court of Palo Alto county:
The supreme court ruled that 'where a body of water is meandered, such lines are not boundary lines, and the adjacent owner will usually take title to the actual shore; but where there is no adjacent body of water proper to be meandered, such line becomes a boundary, and the purchaser from the government cannot claim title beyond it;' and held upon the facts that there was no body of water in section 30 necessary to be meandered, and that plaintiff could not claim title beyond the meandered line. The court said, in concluding: 'In our opinion the plaintiff has no right to any other than the land patented to his grantor, and the decree of the trial court must therefore be reversed.' And entered judgment as follows:
'In this cause, the court being fully advised in the premises, file their written opinion reversing the judgment of the district court.
'It is therefore considered by the court that the judgment of the court below be and it is hereby reversed and set aside, and the cause is remanded for further proceedings in harmony with the opinion of this court, and that a writ of procedendo issue accordingly.
'It is further considered by the court that the appellee pay the costs of this appeal, taxed at $227.70, and that execution issue therefor.'
This writ of error was thereupon brought.
Messrs. Charles A. Clark and George E. Clarke for plaintiff in error.
Messrs. E. B. Evans and H. C. Evans for defendants in error.
By its judgment the supreme court of Iowa reversed the decree of the trial court, and remanded the cause 'for further proceedings in harmony with the opinion of this court.'
We have heretofore held that a judgment couched in such terms is not final in such a sense as to sustain a writ of error from this court. Haseltine v. Central Nat. Bank, 183 U. S. 130, 46 L. ed. 117, 22 Sup. Ct. Rep. 49. It was there ruled that...
To continue reading
Request your trial-
Clark v. Williard
...3, 4, 1 S.Ct. 15, 16, 27 L.Ed. 73; Haseltine v. Central Bank, 183 U.S. 130, 22 S.Ct. 49, 50, 46 L.Ed. 117; Schlosser v. Hemphill, 198 U.S. 173, 175, 25 S.Ct. 654, 655, 49 L.Ed. 1000; Norfolk & S. Turnpike Co. v. Virginia, 225 U.S. 264, 268, 32 S.Ct. 828, 56 L.Ed. 1082; Louisiana Navigation ......
-
Harding v. Gillett
...law not binding upon the trial court therein upon a new trial. In discussing the application of this rule, in Schlosser v. Hemphill, 198 U.S. 173, 25 S. Ct. 654, 49 L. Ed. 1000, the court said: "Doubtless the conclusions arrived at by the state Supreme Court, and expressed in its opinion, f......
-
City Of Macon v. Herrington, 14923.
...Code of 1863, § 4159; Cobb's Digest, p. 448; Allen, Ball & Co. v. Mayor, etc., of Savannah, 9 Ga. 286 (3); Schlosser v. Hemphill, 198 U.S. 173, 25 S.Ct. 654, 49 L.Ed. 1000; Bruce v. Tobin, 245 U.S. 18, 38 S. Ct. 7, 62 L.Ed. 123; Shannon v. Shaffer Oil & Refining Co., 10 Cir., 51 F.2d 878, 7......
-
City of Macon v. Herrington
... ... Digest, p. 448; Allen, Ball & Co. v. Mayor, etc., of ... Savannah, 9 Ga. 286(3); Schlosser v. Hemphill, 198 ... U.S. 173, 25 S.Ct. 654, 49 L.Ed. 1000; Bruce v ... Tobin, 245 U.S. 18, ... ...