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NELSON v. MOLONEY

No. 767.

174 U.S. 164 (1899)

19 S.Ct. 622

43 L.Ed. 934

NELSON, v. MOLONEY.

Supreme Court of United States.

Decided May 1, 1899.

Attorney(s) appearing for the Case

Mr. Abram J. Rose for the motions.

Mr. William H. Newman and Mr. Albert J. Adams, Jr., opposing.

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

It is stated in the opinion of the Court of Appeals, by Chief Judge Parker, that the defences interposed by Nelson "upon the trial, and relied upon here, are: (1) The stipulation given by the plaintiff on the appeal to this court in a prior action brought to foreclose the mortgage is a bar to the recovery in this action. (2) The bond and mortgage having been given to indemnify bail...

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