United States v. Southern Pac. R.

On August 5, 1898, a final decree was entered in the above cause in the Circuit Court of the United States for the Ninth Circuit, Southern District of California. The thirty-second paragraph of the decree reads as follows:

Then follows a description of the lands, title to which was so confirmed. On September 30, 1898, the United States appealed from that decree to this court, and on December 2, 1898, a stipulation as to the printing of the record was filed here. Paragraph 33 of the stipulation provides:

There was no motion to dismiss the appeal in this court because of the stipulation and no reference was made to the stipulation in either the brief of the appellees or in the opinion of the court. The decree was here affirmed October 9, 1899 (United States v. Southern Pac. R. Co., 98 P. 45 ); and a further appeal was then taken to the Supreme Court of the United States. The decree was there again affirmed except as to certain lands standing in the name of one Craves. As to the latter the decree was reversed and the cause was remanded to the Circuit Court for the Southern District of California for further proceedings in conformity with the opinion. United States v. Southern…