Missouri, K. & T. Ry. Co. v. Dinsmore,
108 U.S. 30 (1883)

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U.S. Supreme Court

Missouri, K. & T. Ry. Co. v. Dinsmore, 108 U.S. 30 (1883)

Missouri, Kansas and Texas Railway Company v. Dinsmore

Decided January 20, 1883

108 U.S. 30


1. On the merits of the motion, there is no essential difference between this case and the case of the St. Louis, Iron Mountain, and Southern R. Co. Co. v. The Southern Express Company, just decided. Reference to the master to take and state an account between the parties as to the compensation during the litigation and up to its final termination relates to matters of administration not involving the merits.

2. A certificate that the transcript is a "true, fall and perfect copy from the record of all the proceedings in the suit" is sufficient to give jurisdiction.

3. If the certificate is not correct, the remedy is by certiorari.

4. Where en the face of the decree it appears that a case was disposed of on demurrer to the bill, the evidence on file is not necessary for the hearing of the bill.

5. When a record has not been printed, and parties do not agree as to its contents, certiorari may be granted, reserving all questions till return.

Motion by appellees to dismiss the appeal, and, in case of denial of this motion, for certiorari to bring up record and proofs from below.

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