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CALIFORNIA v. SAN PABLO &C. RAILROAD

No. 257.

149 U.S. 308 (1893)

13 S.Ct. 876

37 L.Ed. 747

CALIFORNIA, v. SAN PABLO AND TULARE RAILROAD COMPANY.

Supreme Court of United States.

Decided May 10, 1893.

Attorney(s) appearing for the Case

Mr. William H.H. Hart, Attorney General for the State of California.

Mr. George A. Johnson, a former Attorney General of the State of California, and Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson also submitted briefs for the plaintiff in error.

Mr. George F. Edmunds, Mr. Harvey S. Brown and Mr. Creed Haymond submitted briefs on the merits for the defendant in error.

Mr. Harvey S. Brown also submitted a brief on a motion to dismiss the writ of error.

MR. JUSTICE GRAY delivered the opinion of the court.

Upon the fact most properly and frankly admitted in open court by the Attorney General of the State of California, there can be no doubt that this writ of error must be dismissed, because the cause of action has ceased to exist. Any obligation of the defendant to pay to the State the sums sued for in this case, together with interest, penalties and costs, has been extinguished...

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