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Dec 14

OFFICIAL EDITION

UNITED STATES COURTS OF APPEALS REPORTS

VOLUME 4

CASES ADJUDGED

IN THE

UNITED STATES CIRCUIT COURT
OF APPEALS

FOR THE

EIGHTH CIRCUIT

AT

OCTOBER TERM, 1891

SAMUEL A. BLATCHFORD

REPORTER

NEW YORK AND ALBANY

BANKS & BROTHERS, LAW PUBLISHERS

1893

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JUDGES

ENTITLED TO SIT IN THE

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE

EIGHTH CIRCUIT

UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF MARCH 3, 1891, (26 STAT. 826, c. 517,) FROM THE DATE OF THE FIRST MEETING OF THE COURT ON JUNE 16, 1891, DURING THE PERIOD COVERED BY THE CASES REPORTED IN THIS VOLUME.

DAVID JOSIAH BREWER,1

ASSOCIATE JUSTICE OF THE SUPREME COURT of the UNITED STATES, ASSIGNED TO THE EIGHTH CIRCUIT.

(Commission dated December 18, 1889.)

CIRCUIT JUDGES FOR THE EIGHTH CIRCUIT.

HENRY CLAY CALDWELL.2
(Commission dated March 4, 1890.)

WALTER HENRY SANBORN.3

(Commission dated March 17, 1892.)

1 Presided at the first meeting of the court on June 16, 1891, and subsequently took part in the hearing and decision of the following cases reported in this volume, viz.: Union Pacific Railway Company v. Lapsley's Administrator, p. 542; Kansas City, Fort Scott and Memphis Railroad Company v. McDonald, p. 563; Quindaro Township v. Squier, p. 569; Smith v. Beardsley, p. 580; and Naddo v. Bardon, p. 642.

2 Sat at the first meeting of the court, and subsequently took part in the hearing and decision of many of the cases reported in this volume.

Appointed as an additional Circuit Judge for the Eighth Circuit under the provisions of section 1 of the act of Congress of March 3, 1891, (26 Stat. 826, c. 517.) First took his seat in the court on May 2, 1892, and took part in the hearing and decision of cases reported in this volume after Colorado Central Consolidated Mining Company v. Turck, p. 290, but in none of the decisions reported prior thereto.

Names of Judges.

DISTRICT JUDGES WITHIN THE EIGHTH CIRCUIT.

JAMES MADISON LOVE,1

SOUTHERN DISTRICT OF IOWA.
(Commission dated February 21, 1856.)

RENSSELAER RUSSELL NELSON,"
DISTRICT OF MINNESOTA.
(Commission dated May 20, 1858.)

ELMER SAMUEL DUNDY,
DISTRICT OF NEBRASKA.
(Commission dated April 9, 1868.)

CASSIUS G. FOSTER,
DISTRICT OF KANSAS.

(Commission dated March 10, 1874.)

ISAAC CHARLES PARKER,

WESTERN DISTRICT OF ARKANSAS.
(Commission dated March 19, 1875.)

MOSES HALLETT, 3

DISTRICT OF COLORADO.
(Commission dated January 12, 1877.)

OLIVER PERRY SHIRAS,*

NORTHERN DISTRICT OF Iowa.
(Commission dated August 4, 1882.)

1 Assigned on June 17, 1891, under the provisions of section 3 of the act of Congress of March 3, 1891, (26 Stat. 826, c. 517,) to sit in the court at the session held at St. Louis, Missouri, beginning on the second Monday of October, 1891. Died at Keokuk, Iowa, on July 2, 1891.

2 Assigned on October 12, 1891, to sit in the court at the session held at St. Louis, Missouri, on the second Monday of October, 1891, in case other District Judges assigned were absent or disqualified, and took part in the hearing and decision of certain of the cases reported in this volume.

3 Assigned on June 17, 1891, to sit in the court at the session held at St. Louis, Missouri, beginning on the second Monday of October, 1891, in case other District Judges assigned were unable to attend or were disqualified, and took part in the hearing and decision of certain of the cases reported in this volume.

4

* Assigned on October 27, 1891, to sit in the court at the session held at St. Louis, Missouri, beginning on the second Monday in January, 1892; also

Names of Judges.

AMOS MADDEN THAYER,'
EASTERN DISTRICT OF MISSOURI.
(Commission dated February 26, 1887.)

JOHN FINIS PHILIPS, WESTERN DISTRICT OF MISSOURI. (Commission dated June 25, 1888.)

ALONZO JAY EDGERTON,
DISTRICT OF SOUTH DAKOTA.
(Commission dated November 19, 1889.)

ALFRED DELAVAN THOMAS,
DISTRICT OF NORTH DAKOTA.
(Commission dated February 25, 1890.)

JOHN A. WILLIAMS,
EASTERN DISTRICT OF ARKANSAS.
(Commission dated September 22, 1890.)

JOHN ALDEN RINER,

DISTRICT OF WYOMING.
(Commission dated September 22, 1890.)

JOHN SIMSON WOOLSON, 2
SOUTHERN DISTRICT OF Iowa.

(Commission on appointment, subject to confirmation by the Senate, is dated August 14, 1891. Commission after confirmation is dated January 11, 1892.)

assigned on February 15, 1892, to sit in the court at the session beginning on May 2, 1892, and also assigned on August 17, 1892, to sit at the session of the court held at St. Paul, Minnesota, in September, 1892, and at the December term, 1892, at St. Louis, Missouri, and took part in the hearing and decision of many of the cases reported in this volume.

1 Assigned on June 16, 1891, to sit as a member of the court at its opening session, and sat at the first meeting of the court; also assigned in June 17, 1891, to sit as a judge of the court at the session held at St. Louis, Missouri, beginning on the second Monday of October, 1891; also assigned on November 14, 1892, to sit as a judge of the court during December, 1892, when any other judge might be disqualified to sit, and to sit as a judge of the court from January 23, 1893, until the first Monday in May, 1894, and took part in the hearing and decision of certain of the cases reported in this volume.

2 Appointed to succeed James Madison Love, deceased.

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