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WILMINGTON & WELDON RAILROAD v. ALSBROOK

No. 1074.

146 U.S. 279 (1892)

13 S.Ct. 72

36 L.Ed. 972

WILMINGTON AND WELDON RAILROAD COMPANY, v. ALSBROOK.

Supreme Court of United States.

Decided December 5, 1892.

Attorney(s) appearing for the Case

Mr. Samuel Field Phillips, (with whom was Mr. Frederic D. McKenney and Mr. George Davis on the brief,) for plaintiff in error.

Mr. R.O. Burton (with whom was Mr. Theodore F. Davidson, Attorney General of the State of North Carolina, on the brief) argued for defendant in error.

Mr. Thomas N. Hill (with whom was Mr. W.H. Day on the brief), closed for plaintiff in error.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

The jurisdiction of this court is questioned upon the ground that the decision of the Supreme Court of North Carolina conceded the validity of the contract of exemption contained in the act of 1834, but denied that particular property was embraced by its terms; and that, therefore, such decision did not involve a Federal question.

In arriving at its conclusions, however,...

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