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Warner Vs. Texas and Pacific Ry. Co.

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  • US Supreme Court
  • Nov 30, 1896

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  1. Mcdonald Vs. Hovey US Supreme Court · Mar 03, 1884
  2. Mcpherson Vs. Cox US Supreme Court · Jan 01, 1877
  3. Warner v. Texas
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  4. Pacific Ry. Co. - 164 U.S. 418 (1896) U.S. Supreme Court Warner v. Texas
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  5. Pacific Ry. Co., 164 U.S. 418 (1896) Warner v. Texas
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  6. as he needs it, is not within the statute of frauds as an agreement not to be performed within a year. Packet Co. v. Sickles
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  7. Bason v. Hughart
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  8. Francam v. Foster
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  9. Peter v. Compton
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  10. s.c., Holt 326, cited by Lord Holt in Smith v. Westall
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  11. And Mr. Justice Wilmot said that the rule laid down in 1 Salk. 280, above quoted, was the true rule. Fenton v. Emblers
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  12. to have adopted the known and settled construction which it had received by judicial decisions in England. Tucker v. Oxley
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  13. Pennock v. Dialogue
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  14. in England and America, although it may in a few instances have been warped or misapplied. The decision in Boydell v. Drummond
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  15. and could not have entitled the publishers to demand immediate payment of the whole subscription. In Wells v. Horton
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  16. The present case is clearly distinguishable from Boydell v. Drummond
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  17. In Souch v. Strawbridge
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  18. of which is of necessity extended beyond the space of a year. That appears clearly from the case of Boydell v. Drummond
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  19. performed within a year and there is no express stipulation to the contrary, the statute does not apply. In Murphy v. O'Sullivan
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  20. to maintain and clothe a man during his life was not required to be in writing. In the recent case of McGregor v. McGregor
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  21. the true doctrine on the subject was that laid down by Chief Justice Tindal in the passage above quoted from Souch v. Strawbridge
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  22. There has been a decision which for 200 years has been accepted as the leading case on the subject. In Peter v. Compton
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  23. And each of the three judges took occasion to express approval of the decision in Murphy v. O'Sullivan
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  24. above cited, and to disapprove the opposing decision of Hawkins, J., in Davey v. Shannon
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  25. ed.) c. 13, that we shall refer to but few of them other than those cited by counsel in the case at bar. In Peters v. Westborough
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  26. to be within the statute. Mr. Justice Wilde, in Page 164 U. S. 426 delivering judgment, after quoting Peter v. Compton
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  27. Fenton v. Emblers
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  28. and Boydell v. Drummond
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  29. The decision of the Supreme Court of Tennessee in Deaton v. Tennessee
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  30. Coal Co., 12 Heisk. 650, cited by the defendant in error, is opposed to the weight of authority. In Roberts v. Rockbottom
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  31. In Blanding v. Sargent
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  32. In Hinckley v. Southgate
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  33. In Linscott v. McIntire
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  34. In Herring v. Butters
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  35. receive in consideration thereof all the proceeds of the land except the two acres first seeded down. In Broadwell v. Getman
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  36. In Pitkin v. Long
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  37. its nature and terms, it was not to be performed by the company within one year from the making thereof. In Kent v. Kent
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  38. In Saunders v. Kasterbine
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  39. each, which would necessarily postpone performance by either party beyond the year. In Railway Co. v. Whitley
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  40. a railroad, which might have ceased within a year. And a like decision was Page 164 U. S. 430 made in Sweet v. Desha
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  41. of this clause of the statute of frauds first came before this Court at December term, 1866, in Packet Co. v. Sickles
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  42. Ellicott v. Peterson
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  43. Wall. 72 U. S. 594 -596. And reference was made to Birch v. Liverpool
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  44. B. & C. 392, and Dobson v. Collis
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  45. because it was not to be performed within a year, although it was defeasible within that period. In Packet Co. v. Sickles
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  46. by pushing the work, might have fully completed it before November, 1870. Page 164 U. S. 432 McPherson v. Cox
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  47. Walker v. Johnson
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  48. decisions of the supreme court of the state are in accord with the current of decisions elsewhere. In Thouvenin v. Lea
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  49. Thomas v. Hammond
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  50. Railway v. Wood
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