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EGAN V. HART, 165 U. S. 188 (1897)

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U.S. Supreme Court

Egan v. Hart, 165 U.S. 188 (1897)

Egan v. Hart

No. 63

Submitted October 27, 1896

Decided February 1, 1897

165 U.S. 188


On error to a state court in a chancery case (as also in a case at law), when the facts are found by the court below, this Court is concluded by such findings.

On error to a state court, the opinion of that court is to be treated as part of the record, and it may be examined in order to ascertain the questions presented, as may also be the entire record, if necessary to throw light on the findings.

The finding by the trial court, sustained by the supreme court of the state, that the stream across which the dam complained of was erected was a nonnavigable stream was a finding of fact which is conclusive here, and affords ground broad enough on which to maintain the judgment below independent of any federal question, and this Court is consequently without jurisdiction.

The case is stated in the opinion.

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