MR. JUSTICE HARLAN, delivered the opinion of the court.
This case went off in the Circuit Court upon a motion for a judgment in favor of the plaintiff upon the pleadings. The motion was sustained and judgment was entered in accordance with the prayer of the petition. That judgment was affirmed in the Circuit Court of Appeals, Judge Sanborn dissenting. 89 Fed. Rep. 843, 856; 60 U.S. App. 720, 743. The case is here upon writ of error sued out by the defendant Scott...
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