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CINCINNATI, HAMILTON, & c., RY. CO. v. THIEBAUD

Nos. 259, 271.

177 U.S. 615 (1900)

CINCINNATI, HAMILTON AND DAYTON RAILROAD COMPANY v. THIEBAUD. SAME v. SAME.

Supreme Court of United States.

Decided May 14, 1900.

Submitted April 24, 1900.

Decided May 14, 1900.

Attorney(s) appearing for the Case

Mr. Lawrence Maxwell, Jr., for plaintiff in error in Nos. 259 and 271.

Mr. Harlan Cleveland and Mr. Charles M. Cist for defendant in error in No. 259. Mr. Edgar W. Cist was on their brief.

Mr. Harlan Cleveland, Mr. Charles M. Cist and Mr. Edgar W. Cist for defendant in error in No. 271.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

When our jurisdiction is invoked under section 5 of the judiciary act of March 3, 1891, c. 517, on the ground that the case falls within the fourth, fifth or sixth of the classes of cases therein enumerated, it must appear that a title, right, privilege or immunity was claimed under the Constitution, and a definite issue in respect to the possession of the right must be distinctly deducible from the record...

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