Cissna v. State of Tennessee
| Decision Date | 11 December 1916 |
| Docket Number | No. 89,89 |
| Parties | W. A. CISSNA, Plff. in Err., v. STATE OF TENNESSEE |
| Court | U.S. Supreme Court |
Mr. Caruthers Ewing for plaintiff in error.
Mr. John P. Bullington for defendant in error.
As owner in trust for the people of the state of certain described lands, the state of Tennessee in a state court commenced this action in 1903 against Cissna and others to recover the lands, and to restrain cutting timber thereon, and for an accounting for timber already cut. A temporary injunction was granted against removing and cutting timber, which was modified by permitting, on the giving of a bond, the removal of timber already cut, and was subsequently again modified by allowing all the timber on the land to be cut and removed on the giving of an additional bond. By pleas in abatement and answers the jurisdiction of the court was denied on the ground that the lands were not in Tennessee, but in Arkansas, and this was sustained and the suit dismissed for want of jurisdiction. The supreme court of the state, however, reversed this action and remanded the case for trial on the merits. 119 Tenn. 47, 104 S. W. 437.
The pleadings were amended in the trial court, and while the case was there undetermined, the state of Arkansas filed in this court its complaint against Tennessee to settle the boundary line between the two. The bill made reference to the suit pending in Tennessee and alleged that the lands embraced by that suit were in Arkansas, subject to its sovereignty, and denied the power of the state of Tennessee in its own courts to interfere with the lawful authority of the state of Arkansas. Thereafter the existence of the suit in this court was alleged in the state court, and that court was asked to suspend proceedings until the decision in the boundary case. This was denied and a judgment was entered in favor of the state of Tennessee, holding that the lands were in Tennessee and belonged to that state, and this judgment was subsequently affirmed by the supreme court of the state. In that court also the pendency of the original suit between the two states in this court was specially set up and an application for suspension of proceedings, based on the fact, was prayed, but was refused. The judgment of the supreme court of the state not only decreeed the lands to belong to the state of Tennessee in its sovereign capacity, on the ground...
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State of Arkansas v. State of Tennessee
...was brought on to hearing upon stipulated facts, pursuant to an intimation made by this court is Cissna v. Tennessee, 242 U. S. 195, 198, 37 Sup. Ct. 108, 61 L. Ed. 243. The facts are as follows: By the Treaty of 1763 between England, France, and Spain, Art. VII (3 Jenkinson's Treaties, 177......
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Rust Land Lumber Co v. Jackson
...37 L. Ed. 55, Arkansas v. Tennessee, 246 U. S. 158, 38 Sup. Ct. 301, 62 L. Ed. 638, L. R. A. 1918D, 258, and Cissna v. Tennessee, 246 U. S. 289, 38 Sup. Ct. 306, 62 L. Ed. 720, and that thereby plaintiff in error was deprived of a right, privilege, or immunity claimed under the Constitution......