Today in Supreme Court History: November 16

Louisville & Nashville R.R. Co. v. Mottley, 211 U.S. 149 (decided November 16, 1908): defendant’s assertion of defenses based on federal law does not create federal court jurisdiction (I remember this one from law school; a couple guaranteed lifetime passage on a railroad in consideration of settling a personal injury case sued 35 years later when their tickets were no longer being honored)

Hardy v. Harbin, 154 U.S. 598 (decided November 16, 1874): Was John Hardy the same as Thomas (or Tomás) Hardy (an assumed name) to whom the Mexican government had granted land in 1836 as a reward for his war service? At issue was a claim to the land (which by then was in Texas) by John’s grandchildren. The opinion sifts through “3000 folios of testimony” as to sightings of John or Thomas at various times and places, physical descriptions, statements as to owning land, whether a signature was validly recognized, etc. This could be made into a TV series (like “The Fugitive”), or at least a board game. The frontier encounters and the piecing together of a mystery remind me of the Hillmon case. Anyway the Court examines the facts found by the trial court and affirms its finding that it was not the same man.

Bell v. First National Bank of Chicago, 115 U.S. 373 (decided November 16, 1885): by custom and practice three days’ grace is allowed for payment of “foreign bill of exchange” (i.e., can’t sue on it until days of grace are over)