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OSBORNE v. SAN DIEGO COMPANY

No. 201.

178 U.S. 22 (1900)

OSBORNE v. SAN DIEGO LAND AND TOWN COMPANY.

Supreme Court of United States.

Decided May 14, 1900.

Attorney(s) appearing for the Case

Mr. Alfred Haines for appellants.

Mr. John D. Works for appellee. Mr. Lewis R. Works, Mr. Bradner W. Lee and Mr. Charles D. Lanning were on his brief.

Mr. John Garber and Mr. Frank H. Short filed a brief as Amici Curiae.

MR. JUSTICE McKENNA, after making the above statement, delivered the opinion of the court.

One of the grounds of demurrer to the bill was that it appeared from the complainants' own showing that their remedy was by appeal and not by bill of review. It is not pressed with much earnestness here, and is clearly untenable. Whiting v. United States Bank, 13 Pet. 6; Putnam v. Day, 22 Wall. 60; Buffington v. Harvey,

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