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Sweringen Vs. St. Louis
Cites for this judgment
- US Supreme Court
- Apr 07, 1902
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exercised in making such grant might bring the question of construction within the principle decided in Packer v. BirdSearch
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U. S. 661 , and Shively v. BowlbySearch
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U. S. 1 . In Packer v. BirdSearch
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construction in such cases, the Court held that the question of construction became one of a federal nature. Shively v. BowlbySearch
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under the United States, and there is in fact no question of a federal nature decided. As was remarked in Cook County v. CalumetSearch
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of the authority here was not primarily denied, and the denial made the subject of direct inquiry. United States v. LynchSearch
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Baltimore & Potomac Railroad v. HopkinsSearch
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in question when the power to enact it is fairly open to denial and is denied, but not otherwise. In Blackburn v. PortlandSearch
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of the Court dismissing a writ of error, refers to several cases which we think are relevant here. In Borgmeyer v. IdlerSearch
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of the validity of the authority exercised, but only a question of how far in fact it was exercised. In Gillis v. StinchfieldSearch
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by a sand beach several hundred feet in width. The Blackburn case was followed by Shoshone Mining Company v. RutterSearch
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in the minds of the parties claiming the right, or must have been in some way presented to the court. Oxley Stave Co. v. ButlerSearch
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Co. v. PattenSearch
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Columbia Water Power Co. v. ColumbiaSearch
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Dewey v. DesSearch
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and Shively v. BowlbySearch
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In Packer v. BirdSearch
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Cook County v. CalumetSearch
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In Blackburn v. PortlandSearch
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In Borgmeyer v. IdlerSearch
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In Gillis v. StinchfieldSearch
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Shoshone Mining Company v. RutterSearch
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Oxley Stave Co. v. ButlerSearch
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