East Tennessee Company v. Southern Telephone Company (125 U.S. 695)

Gaylord B. Clark, for plaintiff in error.

W. A. Gunter, for defendant in error, made no appearance.

WAITE, C. J.

It having been suggested to us that there is no longer any real controversy between the parties to this suit about the matters therein originally involved, and that the Western Union Telegraph Company is at this time practically both plaintiff and defendant, it is ordered that this writ of error be dismissed, unless the plaintiff in error show cause to the contrary on or before the 17th day of February. The clerk will serve a copy of this order at once on the counsel of record for the plaintiff in error, through the mail.

(February 20, 1888.)

THE CHIEF JUSTICE made the following announcement:

The showing in this case against the order to dismiss does not satisfy us that there exists any longer a real controversy in the suit. It is conceded that the Western Union Telegraph Company is now occupying the line under a contract with the railroad company which gives it an exclusive right in that behalf, and it is not denied that some arrangement has been made with the Southern Telegraph Company by which that company no longer is a contestant in the cause. Time is given the railroad company until the 19th day of March next to make a further showing in the premises, if it desires to do so.

(April 9, 1888.)

MILLER, J.