United States Supreme Court Cases & Opinions

U.S. Supreme Court

Walston v. Nevin, 128 U.S. 578 (1888)

Walston v. Nevin

Nos. 1129, 1160

Submitted November 28, 1888

Decided December 10, 1888

128 U.S. 578

Syllabus

On motion to dismiss or affirm, it is only necessary to print so much of the record as will enable the court to act understandingly without referring to the transcript.

The party objecting that enough of the record is not printed to enable the court to act understandingly, on a motion to dismiss should make specific reference to the parts which he thinks should be supplied.

The Kentucky statute of March 24, 1582, which authorizes the city government of Louisville to open and improve streets and assess the cost thereof on the owners of adjoining lots, does not deprive such owners of their property without due process of law, and does not deny them the equal protection of the laws, and is not repugnant to Section 1 of the Fourteenth Amendment to the Constitution of the United States.

When, on a motion to dismiss a writ of error or an appeal for want of jurisdiction or affirm the judgment below, it appears that there was color for the motion to dismiss and that the contention of the plaintiff in error or the appellant has been often pressed upon the court and as often determined adversely, the motion to affirm will be granted.

These were motions to dismiss or affirm under Rule 6, Paragraph 5, 108 U.S. 575. The case is stated in the opinion.

Page 128 U. S. 579