East Tennessee Company v. Southern Telephone Company (125 U.S. 695)/Opinion of the Court

It was suggested by a letter from counsel employed on one side of this suit that his party had sod out the interest which it had to the other party, who was prosecuting it now, and was dominus litis on both sides. A ruling was made some time ago, before the death of the late chief justice, in effect that there was sufficient evidence to that effect to require the case to be dismissed, unless the side now presecuting it for decision would show satisfactory evidence that it was a bona fide suit. Two attempts have been made, and we are agreed in the opinion that they are both failures, and that the original order should now be carried out, dismissing the case on the grounds set forth in the opinion of the chief justice, delivered at the time.