Melville Fuller

“ But we find ourselves unable to enter the order desired, as our power over the cause ceased with the expiration of October term, 1893, and it should not have been retained on the docket. The application must therefore be denied, but without prejudice to the filing of a new bill or petition, upon which, the parties being properly before the court and agreeing thereto, such a decree may be entered. ”

“ Subsequently, on May 15, 1893, a motion was made on behalf of the state of Virginia to restore the boundary marks between the two states alleged to be indistinct and obliterated, and to allow complainant to take additional testimony, the consideration of which was postponed to October term, 1893, when, and on October 16, 1893, the motion was denied. Application is now made on bh alf of the state of Virginia to this court to enter a decree in this cause for the re-marking of the boundary line as set forth therein, to the granting of which the state of Tennessee consents. ”