Briggs v. Holmstrong
| Decision Date | 31 October 1880 |
| Citation | 72 Mo. 337 |
| Parties | BRIGGS, Appellant, v. HOLMSTRONG. |
| Court | Missouri Supreme Court |
Appeal from Hannibal Court of Common Pleas.--HON. JOHN T. REDD, Judge.
REVERSED.
This was an action of ejectment. Plaintiff offered in evidence an exemplified copy of a patent from the United States government, which was excluded, and plaintiff took a non-suit.
Ewing & Hough and W. P. Harrison for appellant.
Thos. H. Bacon and W. M. Boulware for respondent.
The only question in this case is as to a proper construction of the act of Congress of March 3rd, 1843. The recent case of McGarrahan v. Mining Co., 96 U. S. 316, is referred to by both parties, and is conclusive in this case upon this court. In that the exemplification of the record of the patent showed the signature of the President in full, but an entire blank was left opposite the Recorder of the Land Office. In the present case the signature of the President is J. Q. A., and that of the Commissioner of the General Land Office is G. G. The court says in the former case, in reference to the act of 1843: In accordance with these views, the judgment of the circuit court must be reversed, since the initials of the names of both the President and Commissioner were in the exemplification offered, and this case is remanded.
The other judges concur.
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St. Louis, Southern Railway Company of Texas v. Spring River Stone Co.
... ... statute in the United States Supreme Court must be followed ... in the State courts, and in Briggs v. Holmstrong, 72 ... Mo. 337, it is said that a decision of the federal Supreme ... Court construing an act of Congress is conclusive on the ... ...
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... ... such decisions are binding upon all State tribunals ... Donovan v. Wells Fargo, 265 Mo. 291; Haseltine ... v. Bank, 155 Mo. 74; Briggs v. Holmstrong, 72 ... Mo. 337; Asphalt Co. v. French, 158 Mo. 539; Railway ... v. Stone Co., 154 S.W. 465 ... Halbert ... ...
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...that the construction given a federal statute in the United States Supreme Court must be followed in the state courts; and in Briggs v. Holmstrong, 72 Mo. 337, it is said that a decision of the federal Supreme Court, construing an act of Congress, is conclusive on the courts of the state of......
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