Supreme Court of the United States, 1894

Michigan v. Flint & Père Marquette Railroad

Michigan v. Flint & Père Marquette Railroad
Supreme Court of the United States · Decided March 12, 1894 · Fuller
152 U.S. 363; 14 S. Ct. 586; 38 L. Ed. 478; 1894 U.S. LEXIS 2124 (United States Reports)

Counsel

Mr. W. L. Webber for the motion., Mr. A. A. Filis, Attorney General of the State of Michigan, opposing.

Michigan v. Flint & Père Marquette Railroad

Opinion

*368 Me. Chief Justice Fullee,

after stating the case, delivered the opinion of the court.

The Supreme Court of Michigan held that the State might be estopped by its acts, conduct, silence, and acquiescence; that the only question necessary to be considered and determined was the question of estoppel; and, after a full consideration of the facts applicable to this branch of the case, reached the conclusion that the claim of the State had no foundation in equity, justice, or good conscience; that it had become stale; and that the State was estopped to assert title in itself to the lands in question. As its judgment thus rested upon the decision of a question which was not Federal, this court has no jurisdiction to review • it, and- the writ of error must be dismissed. Adams County v. Burlington & Missouri Railroad, 112 U. S. 123; Israel v. Arthur, ante, 355.

Writ of error dismissed.

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