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Opinions in l-ed Volume 28

delivered the opinion of the court. The Colorado Mortgage and Investment Company of London (Limited), a corporation organized under the laws of the United Kingdom of Great Britain and- Ireland, brought this action against Harrisoh Goodwin and Elizabeth Goodwin, his wife, to recover the possession of certain real estate in Colorado, and damages for withholding the same. In conformity with a writ...
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delivered tbe opinion of the court. This is an appeal from a decree in two suits in equity commenced in óne of the courts of the State of Missouri and thence removed' into the Circuit Court of the United States for the Western - District' of that State, where, by consent, they were consolidated for final hearing. The question presented is whether the appellant, the Daviess County Savi...
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delivered the,opinion of the court. This is a suit in 'equity to quiet the title of the plaintiff to certain real property in Nebraska as against the claim of the defendant to an adverse estate in the premises. It is founded upon a statute of that State which provides: “ That an action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether ...
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delivered the opinion of the court. The defendants are in possession of the land in'controversy in each case under a purchase from the United States with a patent from the government, and the plaintiff, the railroad company, asserts a superior title, either legal or equitable, under certain land grants by act of Congress to aid in building railroads. The first of these acts is that of May 15th,...
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delivered the opinion of the court. This was an action in the Territorial Court of, Montana, in. Which a judgment was rendered in favor-of defendant in error against the plaintiffs in error for an injury received , by the *48 upsetting of a stage coach used by the latter as common carriers of passehgers. The plaintiff below founds his action on this contract of carriage, and the negligent m...
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delivered the opinion of the court. Laura J. Bemiss, widow of John Bemiss, having a claim against the United States pending before the commission commonly called the Southern Claims Commission, under the act of March 3d, 1871, employed George Taylor and F. C. Wood, attorneys-at-law, residing in Washington city,. to prosecute said claim, and by an instrument in writing agreed to give them f...
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delivered the opinion of the court. The petitioners sued Charles L. Sharpless in the District Court of the United States for the Eastern District of Pennsylvania to recover certain penalties and forfeitures claimed under the provisions of sec. 4965 of the Revised Statutes, for the infringement of a copyright.' Sharpless' died after issue joined, but before judgment. After his death had been sug...
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delivered the opinion of the court. The judgment in each of these cases was rendered after a trial by jury on- the 17th of March, 1880, during the November term, 1879, although it was not signed until May 20th, 1880. On the 19th of May, 1880, which was at the April term of that year, the district judge who presided at the trial signed a bill of exceptions, which sets forth that on the tria...
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delivered the opinion of the court. The judgment in this case is for $1,215.16, but it appears *53 affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below. Such being the case, we have no ju...
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delivered the opinion of the court. Upon the additional fact found in this case it is insisted: 1. That if the registration act was applicable to the bonds now in question, it impaired the obligation of the contract of subscription, and is therefore, so far as such application is concerned, • in contravention of art. I., sec. 10, clause 1, of the Constitution of the United States; and...
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delivered the opinion of the court. : The Susquehanna Boom Company was incorporated by the General Assembly of Pennsylvania on the 26th of March, 1846, and as early as 1849 erected, under its charter, a boom in the West Branch of the Susquehanna River, at Williamsport, for the .purpose of securing logs and other lumber floating, in tihe river. Its charter did not purport to confer upon it any ¿...
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delivered the opinion of tlie court. This is a writ of error brought under sec. 5 of the act of March 3d, 1875, ch. 137,18 Stat. 470, to review an order of the Circuit Court remanding a cause which had been removed from a State court. The facts are as follows: The suit was begun in the State court- on the 19th of July, ■ 1879, by Chambers, as plaintiff, against C. M. Swope and Joseph B. Holla...
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delivered the opinion of the court. This is an appeal from an order remanding a cause which had been removed from a State court. The case is as follows: Isaac Foreman, a citizen of Illinois, died on the 28th of October, 1878, leaving a will by which, after devising certain property to his wife. Rebecca Foreman for life, he appointed John J. Thomas, Frederick H. Pieper, and Theophilus Harrison...
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delivered the opinion of the court. If we understand correctly the positions assumed by the different counsel for the relators, they are: 1. That the awards under the convention vested in the several claimants an absolute right to the amounts awarded them respectively, and that this right was property which neither *71 the United States alone, nor the United States and Mexico together, coul...
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delivered the opinion of the court. These actions were tried in the court below at the same time, before the same jury, and, by stipulation of parties, were heard in this court upon one record, the issues and questions in them respectively being the same. They were originally commenced'in the District Court’of .the State of Minnesota for the County of, Ramsey, the plaintiffs in error ...
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delivered the opinion of the court. It appears from the bill of exceptions found in the record that the withdrawal entry of the packages on which the duty occasioning this controversy arose, was made October 23d, 1878. The local appraiser made and reported to the collector his appraisement of the goods. The importers being dissatisfied therewith, demanded a reappraisement according to law,...
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delivered the opinion of the court. After reciting the foregoing facts, he continued: It is insisted by the defendant in error that the value of the matter really in dispute here is less than the amount requisite to give this court jurisdiction. Upon this ground a motion to dismiss was - here» tofore made, and was denied. To that ruling we adhere. Upon the pleadings it is apparent that the...
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delivered the opinion of the court. In November, 1875, one John F. Tracy, now deceased, executed to the defendant, Thomas F. "Withrow, a deed of a large amount of property, r§al and personal, of great value, situated in Iowa.' It is alleged that this deed, though absolute in form, was made in trust for one Thusie M. Allen, also now deceased, and the present suit is brought by her heirs-at-...
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delivered the opinion of the court. ' This is a suit in equity brought in the Circuit Court of the United States for the Eastern District of Missouri, by Esek Bussey and Charles A. McLeod against the Excelsior Manufacturing Company of St. Louis, a corporation, for the infringement of three several letters patent, being (1) reissue No. 3,815, granted to the1 plaintiffs, February 1st, 1870, for a...
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delivered the opinion of the court. After reciting the above stated facts he continued: We think that this case is governed by the rulings of this court in United States v. Taylor, 104 U. S. 216. In that case the land sold for the non-payment of the tax was sold to a person who paid the purchase money to the United States, and the surplus proceeds were in the treasury. It was held that the pr...
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delivered the opinion of the court. This is a writ of error sued out by Edmond J. Hart, a citizen of Louisiana, to reverse a judgment rendered against him in the Circuit Court of the United States for the Northern District of Texas, in an action brought by him against Marion Sansom and the heirs at law of Thomas M. League, citizens of Texas, to recover a tract of land in Johnson County in that ...
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delivered the opinion of the court. This is a writ of error to reverse a judgment of the Circuit Court of the United States for the District of Nebraska, deny *157 ing a peremptory writ of mandamus to command the county commissioners of the county of Dodge, in the State of Nebraska, to levy a special tax upon the .taxable property within Fremont Precinct, a local subdivision of that county, t...
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delivered the' opinion of the court. After stating the above recited facts he continued : The plaintiff in error contends that this judgment, is erroneous on several grounds, which we proceed to considér in their order. 1. It is claimed, in the first place, that the defence is not sufficient, because the signature of the. county clerk is not essential to the validity of the bonds, nor...
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delivered the opinion of the court. . This action was begun on December 30th, 1854, in the Supreme Court of New York by the defendant in. error to recover from the collector of the port of New York money-alleged to have been illegally exacted by him for customs dues and paid Under protest. It . was’ removed by certiorari to the Circuit Court of the United' States for the Souther...
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delivered the opinion of the court. The record discloses the following facts: George M. Bacon & Co. were a firm dealing in barley and other brewers’ supplies in Cincinnati, Ohio. They purchased barley at Toronto, Canada, and advanced a part of the price of the barley purchased. When a shipment was made a draft was drawn upon them by the consignor for the balance remaining unpaid...
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delivered the opinion of the court. The first assignment of error which we shall notice is, that the Circuit Court erred in not declaring the judgment recovered by Joseph R. Crow against the Brittenstine Silver Mining Company void, first, because fraudulently obtained, and, secondly,. because the court was -without jurisdiction to render it. We have been unable to find in the record any suppo...
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delivered the opinion of the court. ' This is an appeal from a decree in the Circuit Court of the United States for the Southern District of. Illinois, dismissing a bill in equity filed by the city of Jonesboro, in that State, *193 against the Cairo & St. Louis Railroad Company, an Illinois corporation, the auditor of State, the county clerk and sheriff of Union County, Illino...
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delivered the opinion of the court. This writ was brought by Zane and Koach, as assignees of one Nathaniel Jenkins, against the defendant, Soffe, for infringing (as charged) certain letters patent granted to said Jenkins, June 22d, 1865, for an improvement in self-acting cocks or faucets. The general features of the invention patented, so far as material to be considered, may be described' as...
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delivered the opinion of the court. This was an action brought by the United States against the Sioux City & Pacific Railroad Company to recover certain arrears of taxes alleged to have accrued from November, 1868, to September, 1871, inclusive. The first count of the declaration states that for the elevenmonths ending September 30th, 1868, the gross receipts of the company from passengers...
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delivered tbe opinion of the court. . This suit was'brought to set aside the contract by which the* Ohio and Mississippi Railway Company became the owner of a portion of its road known as the Springfield Division, and to> obtain a decree from the court declaring that the bonds issuedi by the company, and secured by a mortgage upon that division,, are null and void. It was commenced by Dimpfe...
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delivered the opinion of the court. The defendant in error made a contract in writing with the Board of Public "Works of the District of Columbia in 1872 for the paving of parts of certain streets in the city of Washington with the “Miller wood pavement.” In that contract there was the following clause, on which this action is founded on account of its alleged violation by the defendant: “Nin...
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delivered the opinion of the court. This judgment is affirmed. One partner cannot recover his share of a debt due to the partnership in an action at law, prosecuted in his own name alone against the debtor. That is the only question presented by the bill of exceptions in this casé. The refusal of the' court below to grant a new trial is not reviewable here. Affirmed. ...
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delivered the opinion of the court. This motion is granted on the authority of Thompson v. Butler, 95 U. S. 694, and Alabama Gold Life Insurance Company v. Nichols, 109 U. S. 232. Dismissed. ...
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delivered the opinion of the court. . The controlling facts in this case are as follows: C. J. Ham-bro & Son, a banking firm in London, England, were the correspondents of the New Orleans National Banking Association, a national bank in New Orleans. The bank kept a running account with the firm, drawing upon them from time to, time as occasion required, and remitting bills to cover its dra...
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delivered tbe opinion of tbe court. Tbe counsel on both sides stipulated in writing'to submit tbis case under Rule 20. Tbe stipulation bears date November 15th, 1883. It was filed.bere on tbe 12tb of December. By its terms tbe counsel for tbe plaintiff in error was to bave until* the 12th of December to serve and file bis printed argument ; tbe counsel for tbe defendant in error until tbe 25th ...
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delivered the opinion of the court. We are unable to distinguish this case in principle from that of United States v. Temple, 105 U. S. 97, in which it was decided that an officer of the navy, who, while engaged in public business, travelled under orders by land or seaj the travel by *220 sea not being in a public vessel of the United States, was entitled, under the...
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delivered the opinion of the court. . Grant & Co. sued the United States in the Court of Claims on the 2d of December, 1868, and on the 6th of December, 1869, recovered a judgment for $34,225.14. On the 5th of January, 1883, the following act was passed by Congress; “ Be it enacted. . . . That the Court of Claims be, and it is hereby, directed to reopen and readjudieate'the...
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delivered the opinion of'the court. This is an appeal from a decree of the Supreme Court of the .District of Columbia, rendered on the 30th of October, 1882. At the foot of the decree as entered is the following-: “And from this decree the complainant, Samuel A. Peugh, prays an appeal to the Supreme Court of the United States, which is allowed.” No bond of any kind was executed u...
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delivered tbe opinion of tbe court. ■ We have no jurisdiction in this case. Tbe suit was brought ■by Dows & Co. to recover damages for tbe unlawful conversion of ten thousand bushels of corn, tbe value of which, according to tbe findings, did not exceed $6,000. With interest added to this sum from tbe date of the alleged conversion until tbe judgment, tbe most that could have be...
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delivered the opinion of the court. •This suit was brought by Robert E. Jenkins, as assignee in bankruptcy of Samuel J. Walker, a bankrupt, to recover certain lands conveyed by the bankrupt to Eh Kinney, on the alleged ground that the conveyances, though absolute on their face, were intended as mortgages. Two defences were interposed among others, one that the defendants, who are the present ow...
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delivered the opinion of the court. TMs is a suit in equity, brought by the National Car-Brake Shoe Company, a corporation, against the Lake Shore and Michigan Southern Railway Company, in the Circuit Court of the United States for the Northern District of Illinois, for the infringement of letters patent''No. 40,156, granted to James Bing as inventor; October 6th, 1863, for 17 years, for an “im...
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delivered tbe opinion of tbe court. - Tbe bill of complaint in this case was filed in January, 1876, in the Circuit Court of tbe United States for tbe District of Minnesota, by Samuel L. M. Barlow, sole surviving executor of tbe last will, and'trustee of tbe estate, of John F. A. Sanford, deceased (bis co-executor and co-trustee, Frederick C. Gebhard, having died in 1867), and tbe widow an...
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delivered tbe opinion' of the court. This is an appeal by the grantee in a deed of trust, from a -decree of the Circuit Court of the United States for the West *265 ern. District-of Tennessee, in favor ol a judgment creditor of the grantor. The undisputed facts of the case, as shown by the pleadings and the documentary evidence, are as follows': ' In January, 1878, t...
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delivered the opinion of the court. After stating the facts in the above language, he continued: It is alleged as error, in the first place, that the court should have treated the appeal rejected for informality as the basis for determining the time within which the suit ought to have been brought. But that appeal was not so treated by the commissioner, who rejected it for mere informality and ...
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delivered the opinion of the court. After reciting the facts in the language above" stated, he continued: ' • According to the law of Indiana, the giving of ’ the delivery bond did not divest the lien óf the attachment upon the goods, *280 which remained, in contemplation of law, in the possession’of the officer, Gass v. Williams, 46 Ind. 253; so tha...
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delivered the opinion of the court. We shall consider the questions raised by-these appeals as presented by the record in the case of William F. Sayles and others v. Robert Garrett & Sons. ' The first contention of the appellants is that the bonds of the American File Company issued in 18T0 were taken by its stockholders in proportion substantially to the sto...
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delivered tbe opinion of tbe court. Tbe suit in tbis case was brought originally in tbe .Chancery Court of Marion County, Tennessee, by Y. A. Gaskill and bis wife, who is now tbe appellant, H. L. Whiteside. Tbe defendants were J. C. Haselton, Tbe Bartow Iron Company, of which be was president, James P. Boyce, in bis own right and also as executor of Ker Boyce, deceased. Tbe princ...
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delivered the opinion of the court. The effect of the judgments in these cases, when here on the former appeals, as reported under the name of the Cawood Patent, 94 U. S. 695, . was to affirm the decrees then appealed from, so far as they charged these appellants respectively with the profits made from the use of the infringing machines known as the “Illinois Central,” the “Ethe...
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delivered the opinion of the court. The judgment in this case was for $5,237.15, but the record shows in many ways that of this amount $727.42 was admitted to be due. A formal tender of that sum was made on the 26th of February, 1883, and the money deposited-in court for Knox, the plaintiff, where it remained until the 14th of March, nine days after the judgment was rendered, when it was withdr...
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delivered the opinion of tbe court. On the 19th of August, 1871, one Allan A. Kennedy died in Franklin County, Missouri, having two policies of insurance on his life, one in the Economical Life Insurance Company, of Providence, R. I, for $5,000, and the other in the'Mutual Life Insurance Company, of New York, the defendant in error, for $10,000. Charles W. Jeffries was appointed administra...
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delivered the opinion of the court. This is an action on the case, brought by Timothy Gruaz against Rudolph Bircher, to recover damages for the speaking and publishing of false, malicious, scandalous and defamatory words, charging the plaintiff with being a thief, and with having stolen the money of the defendant, meaning the crime of larceny. The suit was commenced in a State court of Ill...
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delivered the opinion of the court. Malcolm D. Jones, of whom Francis A. Jones, the appellee, is executor, in Ms lifetime was executor of the last Avill of Drury-Corker, deceased, and testamentary guardian of the person and estate of the testator’s son, Ernest D. Corker, the appellant, one of the devisees, then a minor, who arrived at age since filing the present bill. While acting as such...
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delivered the opinion of the court. The relator having recovered judgments in the Circuit Court of the United States for the Southern District of Illinois upon bonds issued by the city of East St. Louis, a municipal corporation of that State, was awarded in this proceeding a peremptory mandamus. The directions of the judgment are as follows: “ That said defendant,' the- city of East St. Louis...
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delivered the opinion of the court.. . The findings of the Circuit Court show the following facts: The contracts of October 4th, 1861, and of September 30th, 1867, were executed and delivered by the plaintiffs in error, as averred in the declaration; the said Charles Davis and one Thomas S. Taylor had, previous to the execution of the first-mentioned instrument, been trustees of the Cairo ...
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delivered the opinion of the court. The act of May 27th, 1872, 17 Stat. 162, under authority of which the abatement of taxes pleaded by defendants was made, ■provides as follows: “That the Secretary of the Treasury be,' and he is hereby, authorized, upon the production of satisfactory proof to him of the actual destruction by accidental fire or other casualty, and without • any fraud, collusi...
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delivered the opinion of the court. Behan, the appellee and claimant, filed a petition in the court below, setting forth that on the 26th of December, 1879, one John Boy entered into a contract with C. W. Howell,' major of engineers of the United States army, to make certain improvements in the harbor of New Orleans (describing the same), and that the claimant and two other pers...
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delivered the opinion of the court. It was conceded on the argument of this case that under the original charter of the Louisiana and Missouri River Railroad Company granted in 1859, Howard County had authority to subscribe to the capital stock of the company without a vote of the people, and that this authority ivas not taken away by the Constitution of 1865. The claim is, however, that the am...
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delivered the' opinion of the court. ■This is a suit upon an open cargo policy of insurance issued by tbe Buffalo Insurance Company to tbe firm of Webster, Heinicke & Ooglin “on shipments of merchandise to them at St. Louis, . . . they stipulating to report all sucb shipments and modes of transit to tbis office as soon as advised thereof.” Tbe aggregate amount of the company’s liabilities ...
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delivered the opinion of the court. It was decided at the last term in Ex parte Tom Tong, 108 U. S. 556, that this court could not take jurisdiction of a certificate of division in opinion between the judges of a Circuit Court *386 in proceedings under a writ of babeas, corpus until final judgment bad been rendered in accordance with tbe opinion-of tbe presiding justice or judge. Tbis is su...
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110 U.S. 347 (1884) SPRING VALLEY WATER WORKS v. SCHOTTLER & Others, Supervisors. Supreme Court of United States. Argued November 20th, 21st, 1883. Decided February 4th, 1884. IN ERROR TO THE SUPREME COURT OF CALIFORNIA. *348 Mr. Charles N. Fox for plaintiff in error. Mr. Francis G. Newlands for same. Mr. A.L. Rhodes for defendants in error. Mr. George F. Edmunds for plaintiff in error. MR. C...
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delivered, the opinion of-the court. This is an appeal from- an order of the Circuit Court remanding a suit removed from a State court. From the confused mass of pleadings, exhibits, proofs, orders, and decrees, making a volume of more than five hundred printed pages, sent here as a transcript of the record below, and the reports of the decisions of the Supreme Court of Illinois in S...
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delivered the opinion of the court. This was a suit brought by Wise, the defendant in er, 'of, against the plaintiffs in error and others to recover the possession of sec. 21, T. 3 N., R. 8 E., Mount Diablo base and meridian, containing 640 acres of land. Tupper answered, denying that he -was in possession of any part of the section except the N. E. i, and to that he set up a pr...
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delivered tbe opinion of the court. In this' case the appellants have delivered to the clerk the requisite number of copies of the record in print, and they ask to docket the cause without securing the payment of the fee chargeable under the present rules in connection with the printing. The act of March 3,1883, c. 143, 22 Stat. 631, making appropriations for sundry civil expenses of the gove...
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delivered the opinion of the court. He recited the facts in the foregoing language and continued : It is contended by the appellants that the Circuit Court had no jurisdiction of this suit because the assignee was a citizen of the same State with the plaintiffs. But no relief was granted against him by the final decree, and, although the suit was not formally dismissed as to-him, it is evi...
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delivered tbe opinion of the court. This is a motion by Cornebus N. Durie, tbe successor in office of Demarest, tbe defendant in error, to docket and dismiss a case. From the motion papers it appears that Demarest, as collector of tbe township, recovered a judgment against the State, Ruckman prosecutor, in tbe Court of Errors and Appeals *401 of-Ñew Jersey, on the 11th of July, 1806, and that...
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delivered the opinion of the court. On the 22d of November, 1858, John-A. C: Horn, having been appointed by the judge of the Probate Court of Marengo County, Alabama, executor of the last will and testament, of John Horn, executed, with John D. Alexander and W. B. Les-suer, as sureties, a bond or writing obligatory, under seal, to said judge, in the penalty of $100,000,. conditioned that sa...
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110 U.S. 471 (1884) IOWA v. McFARLAND, Commissioner. ILLINOIS v. McFARLAND, Commissioner. Supreme Court of United States. Argued November 1st, and 2d, 1883. Decided March 3d, 1884. ORIGINAL. *478 Mr. Allen G. Thurman, Mr. William M. Evarts, Mr. Samuel Shallabarger, Mr. R.P. Lowe and Mr. W.W. Wiltshire for petitioners. Mr. M.L. Woods on behalf of the State of Alabama, also by leave of court filed ...
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110 U.S. 421 (1884) JUILLIARD v. GREENMAN. Supreme Court of United States. Submitted January 22d, 1884. Decided March 3d, 1884. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *422 Mr. George F. Edmunds and Mr. William Allen Butler for plaintiff in error. Mr. Benjamin F. Butler, Mr. Thomas H. Talbot, and Mr. James McKeen for defendant in error. *435 MR. J...
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delivered the opinion of the court. This is an appeal by the defendant below from a decree against it upon a bill in equity for the infringement of letters *491 patent granted on February 11th, 1862, to Alba F. Smith, for an improvement in trucks for locomotive engines, the specification annexed to which, except the drawings and the letters referring to them and the formal .be...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued: The proposition contained in this charge is that the business of dealing in grain, no matter how much it may be restricted by agreement between the partners, and no matter how it may have been qualified by the actual practice of the firm, necessa. *505 rily authorizes eac...
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dissenting. ' The plaintiff in error, Joseph Hurtado, now under sentence of death pronounced in one of the courts of California, brings this writ of error upon the ground that the proceedings against him are in violation of the Constitution of the United States. The crime charged, and of which he was found guilty, is murder. The prosecution against him is not based upon any presentment or indictme...
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delivered the opinion of the court. The bill in this case was filed by John W. Ebbinghaus, the appellee, as trustee for the German Calvinist Society arid their legal representatives. His appointment as trustee was brought about in the following manner: On July 16th, 1877, August Sievers, Edward Kolb and Ludwig Ereund, as trustees of thé First German Reformed Church of Washington, D. C., fi...
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delivered the opinion of the court. The defendant in error contends that the. appeal should be dismissed because the alnount in controversy is less .than $5,000, and therefore not sufficient to give this court jurisdiction. This contention is based on the averments of the original pétition, which showed that the suit was brought to recover only $3,184.39, the balance due for work done unde...
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delivered the opinion of the court. This is an appeal from a final decree dismissing a bill filed by John Swann against the executors of John S. Wright and the Alabama Great Southern Railroad Company, a corporation created under the laws of Alabama. Swann was the assignee of Wilder and McMillen, who were the purchasers at the sale in a foreclosure suit' instituted on the 30th of May, 1872, by t...
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delivered the opinion of the court. ¿This case is an outgrowth of a foreclosure suit brought by the trustees in a first mortgage executed by the Alabama & Chattanooga Railroad Company upon its road, property, rights, and franchises, to secure the payment of bonds by it- issued. The history of that suit is given in the opinion just rendered in Swann v. Wright's E...
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delivered the opinion of the court. On the 15th day of April, 1851, the commissioners of Delaware County, Ohio, passed an order submitting to the voters of that county, at a special eleetión to be held on the 17th day of June thereafter, a proposition to subscribe the sum of $50,000 to thercapital stock of the Spriñgfiéld and Mansfield. Ráilroad Company, a corporation creatéd under the law...
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delivered the opinion of the court. "We are now required to determine whether the court of original jurisdiction, in its conduct of the last trial, committed any error to the prejudice of the substantial rights of the defendant. 1. The validity of the judgment is questioned “ upon the *576 ground that a part of tbe proceedings in the trial court were conducted in the abse...
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delivered the opinion of the court. The decree appealed from in this case was rendered on the 17th of April, 1878, and the .appeal was not taken' until the 6th of September, 1883. § 1008 of the Revised Statutes declares that “No judgment, decree, or order of a Circuit or District Court in any civil action, at law or in equity, shall be reviewed by the Supreme Court, on writ of error o...
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delivered the opinion of the court. In March, 1865, the plaintiff purchased for the sum of ...
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delivered the opinion of the court. This case originates in this court by an application for a wrii of habeas corpus on the part of Jasper Yarbrough and seven other persons, who allege that they are confined by the jailer of Fulton County, in the custody of the United States marshal for the' Northern District of Georgia^ and that the trial, conviction, and sentence in the Circuit Court of the...
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dissenting. I cannot agree with my associates in the judgment in this case. I know of no law that was ever enacted in the United States, which would justify a military officer in enforcing the payment to him of a debt due from one loyal citizen to another loyal citizen, neither being in the military service, or residing in a State declared to be in insurrection, of in which the courts of law were ...
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delivered the opinion of the court. It is no longer an open question in this court that bonds issued by counties in Missouri, during the years 1870 and 1871, in payment of subscriptions to the stock of railroad companies without a vote of the people, are valid if the subscription ivas made under authority granted before the adoption of the Constitution of 1865 which did not require such a vote ...
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delivered the opinion of the court. Two general questions are presented by the special verdict in this case: 1. Whether Brindle, the defendant in error, as receiver of public moneys for the district of lands subject to sale at Le-compton, Kansas, is entitled to the .military bounty-land fees received by him during his term of office, over and above the amount required, with his commis...
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delivered the opinion of the court. This case briefly stated js as follows: On the 28th of September, 1850, what is now known as the swamp-land act, c. 8, 9-Stat. 519, was passed by Congress. By sections 1, 2, and 3 swamp lands were defined and a special *696 grant made to the State of Arkansas. Section 4 is in these words: “ That the provisions of this act be extend...
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delivered the opinion of the court. After reciting the facts in the foregoing language he continued: The case has been presented by counsel in two aspects: 1. In view of the requirements of the Constitution of Colorado alone; and 2. In view of the constitutional and common-law obligations of railroad companiés in Colorado as common carriers. We will-first consider the r...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued: The true question in this case is, which of the two Sarah A. Claytons was the lawful wife of James W. Clayton at the time of his death, and as such entitled by the statutes of Colorado to inherit one-half of his real estate. Revised Statutes of 1867, ch. 23; General Laws of 1877, ch. 26. In o...
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delivered the opinion of the court. After reciting the facts in the foregoing language he continued: As ground of reversal, it is assigned by the appellant that the proceeds of the sale of the equitable interest of Dodge, the judgment debtor, should have been distributed pro rata between the appellees, and the appellants, instead of having been awarded exclusively to the ap...
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delivered the opinion of the court. The errors assigned are, first, the refusal of the Circuit Court to direct a verdict for the defendant on the ground that the money sued for was lawfully exacted from the defendants in *724 error; and, second, its refusal to give a similar direction on the ground that the action was barred. ¥e think both these assignments are well founded. ...
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delivered the opinion of the court. After stating the facts in the foregoing language, he continued: The grounds on which relief seems to be claimed by the bill, as far as can be gathered from the statements and the argument of counsel, are: First. That the United States is a judgment and execution creditor, whose remedy at law is exhausted, and that the funds in the hands ...
Views: 16
110 U.S. 742 (1884) THE MAMIE. PARCHER & Another v. CUDDY, Administrator. Supreme Court of United States. Submitted March 4th, 1884. Decided March 10th, 1884. ORIGINAL MOTION, ENTITLED IN A CAUSE PENDING ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. *743 Mr. Geo. F. Edmunds, made the motion and filed a brief in support of it. MR. CHIEF JUSTICE WAI...
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delivered the opinion of the court. "Without deciding whether an injunction may be granted under any circumstances by this court to stay proceedings in the State courts during the pendency of an appeal in a suit brought by the owners of a vessel to obtain .the benefit of the limitation of liability provided for by §§ 4283, 4284, 4285, and 4286 of the Revised Statutes, we are all of the opinion tha...
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delivered the'opinion of the court; - This motion is granted on the authority of Wiswall v. Campbell, 93 U. S. 347, in which it was decided that this court has- no jurisdiction to review a judgment of the Circuit .Court, rendered in a proceeding upon an appeal from an order of the. *742 District Court rejecting the claim of a supposed creditor against the estate of the bankrupt, and for t...
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announced the following order: On the argument of these cases the contention of the plaintiffs was that the grant of Governor Galvez to Maurice Conway, on the 21st of June, 1777, embraced all the land in the rear of the original grant to him and Latil by Governor Unzaga, in November, 1774, included within the boundary lines of that grant extended to the limits of the possessions of the Spa...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued : The condition of the record is such, in the absence of an exception by either party to any ruling of the court in the progress of the trial,- and of a special finding of the court upon facts, that there is nothing open for our consideration outside of the questions embraced in the certifi...
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delivered the opinion of the court. After, reciting the foregoing facts, he continued: The bond sued on- was given under § 783 of the Revised Statutes, which requires every marshal, before entering on the duties of his office, to give bond with sureties for the faithful performance of those duties by himself and his deputies; and this action was brought under § 781, which authorizes any pe...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued. Two questions arose on the facts; first, whether the bar of the statute of limitations was prevented by a sufficient acknowledgment or promise by the defendants as ' makers of the note ; and second, whether the usurious interest paid by them could be applied in reduction of the principal d...
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delivered the opinion of the court. On a former appeal in this case a judgment of the Court of Claims dismissing the claimant’s petition on demurrer ivas reversed. Swift Company v. The United States, 105 U. S. 691. It Avas then held that the right construction of the internal revenue acts, act of July 1st, 1862, c. 119, § 102, 12 Stat. 477; act of March 3d, 1863,...
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delivered the opinion of the court. After reciting the facts in; the foregoing language he continued: The assignment of error is that judgment was given for the defendants, whereas it should have been given for the plaintiff. We think the judgment was right. It is clear, even upon a cursory reading, that the well-considered and minute provisions of the Revised Statutes found in chapter 4, ent...
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delivered the opinion of the court. This is an application for a writ of mandamus directed to the Secretary of the Treasury, commanding him to deliver to the proper officer of the Commonwealth of Virginia the sum of $732,809.33 — that being, it is claimed, the amount of the fourth instalment of the public money of the United States required by the act of Congress, approved June 23, 1836, to be ...
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delivered the opinion of the court. In October, 1858, Jesse Rhea died in Tennessee, leaving a will containing various legacies to parties residing in that State, and in Illinois and California. The will ivas admitted to probate in 1859, and the defendant Griffith, one of the executors named therein, qualified and entered upon the discharge of his duties.' In the course of the two years followin...
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delivered the opinion of the court. This is a writ of error to the Circuit Court for the Southern District of New York. Plaintiff is a lithographer and defendant a photographer, with large business in those lines in the city of New York. . The suit was commenced by an action at law in which Sarony was plaintiff and the lithographic company was defendant, the plaintiff charging th...
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delivered the opinion of the court. For the purposes of this case, we must assume that the Zion’s Co-operative Mercantile Institution used for circulation and paid out their own obligations in the following form: *63 “ 652.] ' Series A. [5. “Salt Lake City,.Oct. 6th, 1876. “ Pay David O. Calder or bearer five dollars in merchandise at retail. “ Five. ■ Five. ...
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delivered the opinion of the court. The litigation involved in this appeal is a continuation of that which was before .this court in Bank v. Partee, 99 U. S. 325. The plaintiffs in the suit were appellants then and are appellants now. The original bill was filed April 1st, 1873, in the Circuit Court of the United States for the Southern District of Mississippi, by the appellants...
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delivered the opinion of the court. This writ of error brings into review a judgment in favor of the defendant in error, for the amount of certain overdue coupons,upon municipal bonds, purporting to be obligations of the plaintiff in error. The facts upon which the judgment is based are as follows: 1. The defendant in error is the innocent holder for value of the coupons sued on,...
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delivered the opinion of the court. This bill was filed September 2d, 1879, by Louis McMurray, Edward M. Lang, and George Burnham, doing business as a firm under the name of McMurray, Lang & Burnham, against Dwight D. Mallory and Jesse C. Luddington, doing business as a firm under the name of D. D. Mallory & Co., to restrain the infringement by them of two certain letters patent. The first...
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delivered the opinion of the court. He stated the facts in the foregoing language and continued: The only point seriously insisted upon in argument, or which is necessary to be considered, is, that this suit was barred by limitation. The Revised Statutes of Maine, in force when it was brought, provided that “ all actions of assumpsit or upon the case founded on any contract or liability, e...
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delivered the opinion of the court. In this case the court below sustained the plaintiff’s patents, adjudged that the defendants were infringers, and directed a reference to a master, to ascertain and report the profits and gains made by the defendants. The master reported that no proof was presented to him that they had made any profit, or *121 that the plaintiffs had suffered any damages. T...
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delivered the opinion of the court. After stating the facts in the foregoing language he continued: The question presented for our determination relates to the correctness of these reports, the plaintiffs contending for the first one, the defendants for the second. The rule adopted by the master in his first report, to ascertain the profits made by the defendants from the use of the improveme...
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delivered the opinion of the court. It is no longer a disputed question that a husband may settle a portion of his property upon his wife, if he does not thereby impair the claims of existing creditors, and the settlement is not intended as a cover to future schemes of fraud. The settlement may be made either by the purchase of property and taking a deed thereof in her name, or by its transfer ...
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delivered the opinion of the court. This is a writ of error to the Court of Appeals of New York. The defendant in error recovered against the plaintiff in error the sum of $10,000 and interest by the verdict of a jury, which found, as matter of fact, that the Bank of Georgetown, South Carolina, having a balance with the Phoenix Bank of New York on the 20th day of May, 1861, assigned to Risley...
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delivered, the opinion of the court. The motion papers in this case present the following facts: On the 17th of September, 1881, A. E. White, as administrator of the estate of John D. White, sued the Chesapeake and Ohio Railroad Company in the Circuit Court of Greenbrier County, West Virginia. The summons, was returnable on the first Monday in October, and on that day a declaration was filed....
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delivered the opinion of the court. ITe stated the facts in the foregoing language, and continued : It is contended for the plaintiff in error, that .the County Court which granted the letters of administration had no power *143 to do so, unless property belonging to Ann E. Woodworth when she died was left by her within the jurisdiction of that court.;' that she was not domici...
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delivered the opinion of the court. After reciting the foregoing facts he continued: The only exceptions presented by the bill of exceptions are to the charge of the court to the jury. The entire charge is set out. There is a general exception by the defendants to the *152 charge, but that is of no avail. "Where a charge embraces several distinct propositions, a general except...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The petition alleges that the false and fraudulent representations made by Robert B. Moores, and relied on by the plaintiff, that he had assigned and transferred the stock in question to her on the books of the bank, Avere made by him both as cashier and as stockholder; - that the bank afterAv...
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'delivered the opinion of the court. He stated the facts in the foregoing language and continued: The sole question presented for our decision is whether it was error in the State court to permit a recovery of the possession of property, thus held, against a marshal of the United States or his deputy, in behalf of'the rightful owner; and whether, on the other hand, it should not have adjudged i...
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delivered the opinion of the court. This is an appeal from a decree dismissing a bill in chancery, upon general demurrer for want of equity. The complainants, also appellants, are the heirs-at-law of David White, deceased, citizens respectively of Alabama and Florida; the defendant, the appellee, is alleged to be a corporation incorporated by an act of the Congress of the Republic of Texas, a...
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delivered the opinion of the court. This was an action at law brought December 30th, 1879, by Preston Player, as assignee in bankruptcy of Thomas Carney, against the plaintiff in error, Joseph Rosenthal, under section 5047 of the Revised Statutes, which authorizes an assignee in bankruptcy to recover by suit in his own name all the estate, debts.and effects of the bankrupt. The suit was br...
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delivered.the opinion of the court. As to the first of these defences, it is sufficient to say that the plea of another action pending is a plea in abatement, Baa. Abr. Abatement M; Com. Dig. Abatement H, 24; 1 Chitty’s Pl. 10, Am. Ed. 453 ; 3 id. 903, note y; and by § 1011 of the Rev. Stat. which is a re-enactment of a similar provision in the Judiciary Act of Sept. 24, 1789, c...
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delivered the opinion of the court. From the beginning it has been held that to give us jurisdiction in this class of cases it must appear affirmatively on the face of'the record, not only that a federal question was raised and presented to the highest court of the State for decision, but that it was decided, or that its decision was necessary to the judgment or decree rendered in the case. ...
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delivered the opinion of the court. This suit Avas brought by William Astor, in a court of the State of NeAV York, and removed into the Circuit Court of the *203 United States for the Southern District of New York, to' recover the sum of' $1,880 paid to the defendant, as collector of the port of New York, by the plaintiff, for customs duties, on the 22d of September, 1878, on certain goods br...
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delivered the opinion of the court. After stating the facts in the foregoing language he continued: The admissibility of the evidence must be tested by the rules established in the courts of the State of New York. The Code of Civil Procedure of New York (§ 500) provides as follows: “ The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the com...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: *227 The case presented by the pleadings and proofs appears to us a plain one. It is unnecessary, for the purpose of deciding it, to consider any of those questions, suggested at the argument, upon which there have been varying decisions in different States; such as, whether an a...
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delivered the opinion of the court. He stated the facts in the foregoing language and continued: The question of contributory negligence does not appear to us to arise upon this record. It is not contended by the counsel for the defendant in error, that, if there was evidence tending to prove negligence on its part, the case could properly have been withdrawn from the jury on the ground th...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The writ of error is not taken to reverse the judgment of the court upon the demurrer to the complaint, for that was not a final judgment, but to reverse the judgment rendered upon the verdict of the jury. The error, if it be an error, of overruling the demurrer could have been reviewed on mot...
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111 U.S. 252 (1884) BÖRS v. PRESTON. Supreme Court of United States. Argued January 14th, 1884. Decided April 7th, 1884. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *254 Mr. George H. Forster for plaintiff in error. Mr. B.F. Tracey for defendant in error. *255 MR. JUSTICE HARLAN delivered the opinion of the court. After reciting the facts in the above...
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delivered the opinion of the court. After stating the facts in the foregoing language he continued: The first and main question is, whether, under all the cir-. cumstances, including the insolvency of the company and the transfer of its business to another company, the complainants are entitled to any relief. What they ask is a return of the money actually paid on the policy, with interest, and...
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111 U.S. 276 (1884) RECTOR v. GIBBON & Another. Supreme Court of United States. Argued March 19th, 1884. Decided April 7th, 1884. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. *278 Mr. A.H. Garland (Mr. U.M. Rose and Mr. F.W. Compton were with him) for appellant. Mr. Sol. F. Clark and Mr. Samuel W. Williams for appellees. MR. JUSTICE FIELD delivered ...
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delivered the opinion of the court. This is a suit in equity, brought in the Circuit Court of the United States for the Southern District of New York, by Badische Anilin and Soda Fabrik, a corporation organized under the laws-of the Grand Duchy of Baden, in the Empire of Germany, against th'e appellants, for the infringement of reissued letters patent No. 4,321, granted to Charles Graebe, ...
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delivered the opinion of the court. He' stated the facts in the foregoing language, and continued : This court is of opinion that the Circuit Court erred in not rendering judgment for the defendant on his demurrer to the plaintiff’s evidence. There was no evidence tending to prove any negligence on the part of the firm of which the defendant ivas a member, or of their superintendent, ...
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delivered the opinion of the court. This is a bill in equity filed by the appellees as assignees of *320 Timothy Earle, for an injunction and an account, against the appellants, as infringers of reissued letters patent No. 6,542, for an improvement in egg-beaters, dated July 13th, 1875, for which the application was filed June 8th, 1875, the original No. 39^134, dated July 7th...
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delivered the opinion of the court. He stated the facts in the foregoing language and continued: It is not disputed that the appellee has succeeded to all the rights of Sinton and Ihrie, if they had any, set forth in the bill of complaint. The question of fact at issue between the parties is, whether or not before the conveyance by the appellant. to the Morgan Mining Company of the Morgan Mine,...
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delivered the opinion of the court. Upon the trial the plaintiff offered to show, by the testimony of witnesses, that at a previous trial, in 1875, the company went to the jury upon the single issue of an alleged breach of warranty, and did not seek a verdict upon the ground that the *337 insured had committed suicide: The offer was denied, and' the action of the court thereon...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The action of the government in causing the tract described to be marked bn the official plats in the land offices as reserved from sale Avas clearly .within the line of its duty under the stipulations of the treaty. The bill alleges that the tract was a part of the Red Pipestone Quarry mentioned i...
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delivered the opmion of the court. This is an appeal from the Supreme Court of the Territory of Utah. The case has its origin in a proceeding under §§ 2325 and 2326 of the Revised Statutes, to obtain a patent for mineral lands of the United States. *351 The first of these sections requires that, after a discovery of a mine or lode, and the steps required to mark out and ...
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delivered the opinion of the court. This, like Chambers v. Harrington, ante, 350, is an appeal from the decree of the Supreme Court of Utah in a contest for a mine carried on under § 2326 of the Revised Statutes. The appellant does not deny the prmrity of location, or the .continuous work on the Nabob — the claim of the appellee— but insists that the notice and description of the claim of t...
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delivered the opinion of the court. This is an appeal from an order remanding a cause removed from a State court. The record shows that the suit was begun by Shirley, the appellee, a citizen of Texas, on the 10th of July, 1870, in the District Court of McLennan County, Texas, against the "Waco Tap Railroad Company, a Texas corporation, to recover a balance claimed to be due on a contract f...
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delivered the opinion of the court. This was a suit brought by the Santa Cruz Railroad Company to require the Board of Commissioners of the County of Santa Cruz to deliver certain bonds, claimed to be due from the county under a contract with the railroad company. The defences were, 1, that the contract was unilateral, and, therefore, not binding on the county; 2, that the board of supervisors ...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is urged against the right of the plaintiff to recover, that • in the bonds and coupons the West Point Precinct promises to pay, and so the obligations are not those of the defendant and it cannot be sued on them. This question was decided by this court in Davenport v. Coun...
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111 U.S. 373 4 S.Ct. 519 28 L.Ed. 461 STEWART and anotherv.HOYT and others, Ex'rs, etc. April 21, 1884. Edwin H. Abbott and J. Hubley Ashton, for appellants. E. Mariner, for appellees. GRAY, J. 1 This is an appeal from a decree dismissing a prtition of the trustees of the Wisconsin Central Railroad Company, to be allowed, out of the proc...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The petitioners contend that for the sum paid to take up coupons in accordance with the provisions of the lease of November 8th, 1873, they have a claim against the lessor, and a lien upon the proceeds of the sale of the mortgaged property, equal to those which the original owners of those coupons had...
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delivered the opinion of the court. This was an action at law originally brought in the Court of Common Pleas of Fulton County, Ohio, by John Swan, S- C. Rose, F. M. Hutchinson, and Robert McMann, as partners under the name of Swan, Rose- & Go., against the plaintiffs in error. The object of the suit was the recovery of damages for *380 alleged breaches of a contrac...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The demurrer was properly sustained on both grounds. The theory of the bill, as appears from its averments and as it is stated by counsel for-appellant, is .that appellant is the proper party to sue; in her own name,' for the proceeds of the lands of her father’s estate, sold by Hammond i...
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delivered the opinion of the court. This suit was brought by Stafford, the appellee, against Hornbuekle and Marshall, the appellants, to restrain them from diverting from his ditch a certain quantity of water to which he claimed to be entitled. The complaint alleged that the appellee ivas entitled to such quantity of the waters of Avalanche Creek, or Gulch as it is sometimés called in the ...
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delivered the opinion of the coiirt. He stated the facts as above, and continued: From the instructions requested by the defendant and those given by the court (although there is a want of explicitness in the bill of exceptions), we gather that the real controversy was, whether the defendant could set up against the assignees of the bond a defence (such as payment) which would have been good ag...
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delivered the opinion of the court. The plaintiff in error, who was plaintiff below, brought' its suit against the defendants on five promissory notes held by the bank, made by the defendants in their partnership name of Scheppers Brothers, payable to their own order and indorsed by them in blank. Defendants pleaded non-assumpsit, and on trial by jury a verdict and a judgment on it was render...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of California. The foundation of the writ is, that that court, in a controversy which involved the ownership of land, decided, adversely to plaintiff in error, a right or claim set up by him under the laws of the United States concerning the sale and pre-emption of public lands. The facts on which this question a...
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delivered the opinion of the court. This was a suit upon the bond of a purser in the navy, and at the trial a transcript from the books and proceedings of the Treasury Department was offered in evidence, authenticated in the following form: “ Treasury Department, Fourth Auditor’s Office, “Washington, D. C., FeVy 11, 1881. “ Pursuant to section 886 of the Revised Statutes of the United Sta...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued : It is well settled that one who allows himself to appear on the books of a national bank as an owner of its stock is liable to creditors as a shareholder, whether he be the absolute owner or a pledgee only, and that, if a registered owner, acting in bad faith, transfers his stock in a failing...
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delivered the opinion of the court. The defendant in error movgs to dismiss this casé for want of.a sufficient writ of error, and with this motion is united one *487 to affirm under sec. 5 of Rule 6. The plaintiff in error moves for leave to amend the writ. In our opinion the motion to amend should be granted. The writ is in every respect in accordance with the form transmitted by the clerk...
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delivered the opinion .of the court. He stated the facts in the foregoing language, and continued : The right of removal under section 640 of the Revised Statutes, because the Kansas Pacific Railway Company was a corporation organized under the laws of the United States, is not insisted upon in this court, and the.only questions presented for our consideration are: 1. Whether the suit...
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delivered the opinion of the court. This is an appeal from an order of the Circuit Court remanding a case removed-from a State court.. The suit -was begun on the 2d of March, 1SS3, in the Supreme Court of New York, by Eliphalet Nott, a citizen of New York, for himself and all others who should come in and be made parties to the action, and contribute to the expenses, against Las Neuve Minas de ...
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delivered the opinion of the court. The defendant in error moves to dismiss this writ on the ground that it is brought to review an order of the court below refusing a rehearing, and not the final judgment. With this motion he unites another to affirm under sec. 5, Rule 6. If these motions are denied he asks that the supersedeas may be vacated. The facts are these : On the 29th of May, 1883, ...
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delivered the opinion of tjie court. This suit was brought in the Circuit Court of the United States for the Southern District of New York, on letters patent No. 122,001-, granted to the plaintiff, The Eagleton Manufacturing Company, December 19th, 1871, for an “ improvement in japanned furniture springs.” The patent contains these recitals: “Whereas J. J. Eagleton of New York, New York (S...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: This is not the case of an attachment against the property of a defendant, under § 915 of the Revised Statutes, but is a case where; under § 914, the forms and modes of proceeding are to conform, “ as near as may be,” to the forms and modes of proceeding existing at the time, in a like cause, ...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The Circuit Court, in its opinion, regarded the bill as an original bill to impeach the prior decreé for fraud, and not as a bill of review upon newly discovered facts and evidence. It held the bill to be insufficient, for want of an affirmative allegation that the plaintiff was ignorant, during th...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is' not doubted that the decree of divorce from the bond of matrimony, obtained by the plaintiff in California, in a court having jurisdiction to grant it, and after the husband had appeared and made defence, bound both parties and determined their status. The question considered by the cou...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: -The plaintiff at the trial sought to charge Thompson with liability as a partner upon two grounds: First, that he was actually a partner. Second, that if not actually a partner he had held himself out to the world as such. And the case was submitted to the jury upon both grounds. The fir...
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delivered the opinion of the court. This is a bill in equity, filed by the appellant as assignee in bankruptcy of Charles U. Shreve, to subject an equitable-interest in certain real estate, situated in Chicago, and its rents, issues, and profits, alleged to be the property of the bankrupt, and assets belonging to his estate. The appeal was from a decree dismissing the bill for want of equi...
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delivered the opinion of the court. This was an action at law brought by the defendant in error to recover damages for an alleged deceit. The cause of action, as" set out, was substantially as follows: That Thorwegan, the defendant' below, was the owner of a steamboat, called the Grand Republic; that, on or about October 1st, 1816, knowing the boat to be heavily encumbered with liens, clai...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The provision in. the charter of the railroad company *561 authorizing the issue of bonds in payment of subscriptions by municipal bodies to its capital stock, is based upon article 12, section 14, of the Constitution of the State, which declares that— “ The legislature shall...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: *578 The first inquiry upon this appeal manifestly, is, as to the effect to be given in this sujt to the decree of the Suprior Court of. Connecticut; for, if as set up and claimed by the appellees, it is an estoppel by record, the matter of the bill is res judicata, and we ...
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delivered the opinion of the court. The defendants in error, Jurey and Gillis, brought this action for the use of the Factors’ & Traders’ Insurance Company against the plaintiff in error, the Mobile & Montgomery Railway Company,' to recover $12,000 for the failure of the latter to deliver certain cotton which had been placed in its possession as a common carrier. The complaint, which was d...
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delivered the opinion of the court. This ivas a suit in equity brought by Robert C. Phillips, Eugene Robinson, and Jesse H. Farwell, who were the exclusive licensees of Phillips for the State of Michigan, to restrain the defendant, the city of Detroit, from infringing letters patent granted to Phillips, December 5, lSll, for “ a neAV and *605 useful improvement in street and. ...
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delivered the opinion of the court. This was an action at law brought by the Gibbs '& Sterrett Manufacturing Company, the plaintiff in error, against Peter Brucker, the defendant in error, and Pirmin Kcepfe'r, upon a cause of action which was stated in the complaint substantially as follows: On January 23d, 1878, the plaintiff, as party of the first part, made an agreement in wr...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: At the close of the evidence introduced for the plaintiff, the defendant, by counsel, moved the court to instruct the jury that upon the pleadings and evidence the plaintiff could not recover. That motion was denied, and the action of the court —to which the defendant at the time excepted — is...
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delivered the opinion of the court. The case made by the finding of facts in the court below is, substantially, as will be now stated. On the 14th day of August, 1865, the President’ of the United States instructed Major-General Thomas, commanding the military division embracing .the State of Alabama, to examine whether frauds were not being practised by treasury agents in the collect...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued : For the purpose of giving effect to the second section" of article four of the Constitution of the United States, declaring that “ a person charged in any State with .treason, felony, or other crime, who shall flee from justice and be found in another State, shall on the demand of the executive ...
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delivered the opinion of the court. This suit was commenced by a creditor’s bill filed by William Gay, a citizen of Kentucky, on behalf of himself and all other creditors of Oliver J. Morgan, late of Louisiana, deceased, against Oliver T. Morgan, his testamentary executor, John A. Buckner, Ferdinand M. Goodrich, Edward Sparrow, and J. West Montgomery, citizens of Louisiana. The bill a...
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delivered the opinion of the court. *685 In this case, the only question on the merits relates to the compensation which ought to be allowed to the trustees and receivers of a certain railroad mortgage for their services. A preliminary question, however, is raised, as to the right of the appellants to bring the case, here by appeal. The New Orleans, Mobile, and Chattanooga Ra...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: ¥e have to decide the question, whether a discharge in bankruptcy under the act of 1867 operates to discharge the bankrupt from a debt or obligation which arises from his appropriating to his own use collateral securities deposited with him as security for the payment of money or the performan...
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delivered the opinion of the court. By an act of the legislature of California, passed in 1868, a general system was established for reclaiming swamp and overflowed, salt marsh, and.tide lands in the State, of. which there is a large quantity, and thus fitting them for cultivation. It will be sufficient for the purposes of this suit to state the general features of the system, without...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: In the case of Louisiana v. Mayor of New Orleans, 109 U. S. 285, we held that the right to reimbursement for damages caused by a mob or riotous assemblage of people in that city, was not founded upon any contract between the corporation and the parties injured; that its liability for the damage...
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delivered the opinion of the court. This is a bill in chancery brought by the Bank against John Hitz, Jane C. Hitz, his wife, and Metzerott and Cross, trustees, to declare void a deed, so far as it affects rights of the bank, made by Hitz and wife to Metzerott and Cross, as trustees, for the benefit of the wife. The deed was made December 9th, 1878, and filed for record in the proper office, ...
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delivered the opinion of the' court. This is an action by defendant in error against Badger, plaintiff in.error, who was collector of the port of New Orleans, for the wrongful seizure and detention of the license, enrolment, shipping articles, and other papers of the schooner Theresa G, of which he was owner. The plaintiff on the trial recovered a verdict for the. sum of .$3,000 damages, a...
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delivered the opinion of the court. . This was a writ of error to the Supreme Court of Louisiana. *740 The defendant in error sued in the proper court of the State to foreclose a mortgage given by Paul Cook and Justus Yairin, Jr., to secure the payment of four notes of $10,000 each, given by them' in their ■ partnership name of Paul Cook & Co., of which she was then the holder...
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111 U.S. 746 (1884) BUTCHERS' UNION SLAUGHTER-HOUSE AND LIVE-STOCK LANDING COMPANY v. CRESCENT CITY LIVE-STOCK LANDING AND SLAUGHTER-HOUSE COMPANY. Supreme Court of United States. Argued April 9th, 10th, 1884. Decided May 5th, 1884. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. Mr. B.R. Forman for appellant. Mr. Thomas J. Semmes for appellee. MR. JUSTIC...
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delivered the ^.pinion of the court. He stated the facts in the foregoing language and continued: Precisely what the relations of Mr. Hitz to the United States were as' Political Agent of the Swiss Confederation we have not been advised, and on application to the Department of State, made on the suggestion of the court by the counsel in this proceeding, we are informed that the records of the d...
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delivered the opinion of the court. There is no federal question in this case. The right of San Francisco under the treaty of Guadalupe Hidalgo to the lands' in dispute as pueblo lands is not denied. Precisely what that right was may not be easy to state. Mr.- Justice Field, speaking for the court, said, in Townsend v. Greely, 5 Wall. 336, “ It was not an indefeasible estate; ownership of t...
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delivered the opinion of the court. This suit was brought against the trustees of the German Evangelical Concordia Church, then in possession of the premises in dispute. They answered by that name, setting up their title to the property and their claim to the possession. The record shows a notice by Ebbinghaus, the appellee and com *799 p'lainant below, to the trustees of the German Evangelic...
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delivered the opinion of the court. In the view we take of this case, it is only necessary to consider the following facts: James H. Edrington and J. T. Jefferson were partners in business at Memphis, Tennessee. Upon the dissolution of the firm, on or about the 19th of March, 1874, Edrington and his wife, who is the appellant in this case, conveyed certain lands in Arkansas, known as ...
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delivered the opinioh-of the court. The facts presented by this appeal are as follows: Oh the 1st of June, 1871, the Chicago, Dubuque and Minnesota Railroad Company executed a trust deed, in the nature of a mortgage, conveying all its railroad property and “ all the revenues and income” thereof to John A. Burnham, Stephen Y. R. Thayer, and James H. Blake, trustees, to secure an issue ...
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111 U.S. 775 4 S.Ct. 699 28 L.Ed. 596 GREENHOOD and othersv.RANDALL. May 5, 1884. Edwin W. Toole, for plaintiff in error. S. Shellabarger and J. M. Wilson, for defendant in error. WAITE, C. J. 1 This judgment is affirmed. The record fails entirely to present in proper form any of the questions which have been argued for the plaintiff in ...
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delivered the opinion of the court. On the 2d of February, 1874, John D. Lewis conveyed to George W. Norris and Henry Clarke three certain tracts of land embraced within the exterior boundaries of a survey of 40,000 acres granted by the Commonwealth of Yirginiato Jacob Skyles on the 11th of July, 1798. The instrument by which the conveyance was made was signed by both parties, and containe...
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delivered the'opinion of the court. Without intending to decide that an appeal lies to this court from an order óf a circuit court, or of a district court exercising circuit court powers, refusing leave to file a bill of review, we hold that the refusal in this case was right.. The bill as presented has none of the characteristics of a bill of review. No errors of law appearing on the face of t...
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delivered the opinion of the court. This appeal is dismissed. The decree appealed from.was entered on the 20th of May, 1878, ahd. an appeal afiowed these appellants in open court on the- 22d of May; No bond for thé appeal was given until the 7th of October,, 1881, the day on which the cause was for the first time-docketed here. The appeal of May 22d, 18.78, became inoperative by reason of the f...
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delivered the opinion of the court. This motion is granted on the-authority of Insurance Company v. Comstock,Wall. 258, and Railroad Company v.Wiswall, 23 Wall. 507. An order of the Supreme Court of Washington Territory dismissing a writ of error to a District Court, because of the failure of- the plaintiff in error to file the transcript and *797 have the cause docketed within the time r...
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delivered the opinion of the court. *798 These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and the answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants j...
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delivered the. opinion of the court. This was a suit for mandamus to compel the Comptroller of the .Currency to pay a dividend on a debt of the Miners’ National Bank of Georgetown, Colorado, an insolvent national bank. The question argued in this court' arises on the following facts: The Miners’ National Bank of Georgetown was put into insolvency by the Comptroller' of the - Currency, and a r...
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delivered the opinion of the court. The order remanding this case is affirmed. The act of March 3d, 1875, c. 137,-sec. 5, 18 Stat. 470, makes it the duty of the Circuit Court to remand a suit which has been removed from a State court when it satisfactorily appears that the “ suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit ...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is provided as follows by § 1262 of the Revised Statutes : “ There shall be allowed and paid to each commissioned officer below the rank of brigadier-general . . . ten per centum of their current yearly pay for each term of five years of ser *4 vice.” In the acts of February 24...
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delivered the opinion of the court. He recited the facts'in the foregoing language, and continued: Assuming, as the appellant contends, that her conveyance-to ' Dobbins, and the mortgage back by him, should be considered in equity as if made-to and by .the railroad corporation, no' ground is shown for reversing the decree below. The appellant’s mortgage covered only the tract of land specific...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: We think the charge was right. In the case of United States v. Walker, 109 U. S. 258, which, as appears by an inspection of the record, was a suit brought by the United States for the use of Nathaniel Wilson, as administrator de bonis non of the estate of Horat...
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delivered the opinion- of the court. ■ This case has been heretofore in this court upon a question qf jurisdiction, and is reported as Railroad Co. v. Mississippi, 102 U. S. 135. The Supreme Court of Mississippi, in accordance with our decision, reversed the judgment of the inferior State court, with directions to set aside all orders made subsequent to the presentation of the company’s petit...
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delivered the opinion of the court. He stated the facts-in the foregoing language, and continued : These cases present the same questions, and may be consid *30 ered together. In our judgment none of the positions of the appellants justifies our interference with the decrees of the court belpw. The presumption as to the regularity of the proceedings which precede the issue of a patent of the ...
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delivered the opinion of the court. He stated the facts in the.foregoing language and continued : • ■ ’ The judgment "below was clearly right. The Columbus, Chicago &, Indiana Central Company was, in equity, the owner of the property when the lease was made and when the Pittsburg, Cincinnati & St. Louis Company went into possession under it. The deed executed in February, 1872, pursuant to...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The relators moved to dismiss the writ, because, 1, an order awarding a peremptory writ of mandamus is not a' “final judgment; ” and, 2, the value of the matter in dispute does not exceed $5,000, inasmuch as no one of the relators will be “ entitled to receive of the tax collected so much as five t...
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112 U.S. 201 (1884) FOSTER v. KANSAS, ex rel. JOHNSTON, Attorney-General. Supreme Court of United States. Submitted October 14, 1884. Decided October 27, and November 10, 1884. IN ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. *202 Mr. W. Hallett Phillips for the rule and against the motion to dismiss or affirm. Mr. A.L. Williams (Mr. Garver and Mr. Bond were with him) for the State of Kansas...
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delivered the opinion of the court. *89 This is a suit- brought by the United Statés, in the Circuit Court of the United States for the Eastern District of Louisiana, against George S. Denison and the sureties on his bond, as collector of internal revenue for the first collection district of Louisiana, to recover $4,346.84, as public money which he collected and did not pay over. Three of. th...
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delivered the opinion of the court. Mrs. Susan L: 'Wallach, the wife of Charles L. Wallach, and Mrs. Catharine Burche, the wife of Raymond W. Burche, sisters, and owners, as tenants in common, of land and buildings on the northwest corner of 6th street west and D street north, in the city'of Washington, joined with their husbands, on January 15th, 1872, in the execution to Joseph O. Gr. Ke...
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delivered the opinion of the court. He stated the facts in the. foregoing language and continued: The declaration of the plaintiff avers the adoption by the city council of the motion of August 21, 1S78, and sets forth a copy thereof and of the circular letter, and alleges that one of the circulars was sent to the plaintiff, and one to each of the other holders of the defendant’s bonds ; t...
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delivered the opinion of the court. He .stated the facts in the foregoing language and continued: This court is of'opinion that the decree of the Circuit Court cannot be sustained. The difference of opinion is not upon the facts of the case, but upon their legal effect. A material alteration of a written contract by a party to it discharges a party who does not authorize or consent to...
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delivered the opinion of the court. He stated the- facts in the foregoing language, and continued: The plaintiff, in support of his action, relies on the first clause of the first section of the Fourteenth Article of Amendment of the Constitution of the United States, by which “ all persons born or naturalized in the United States,' and subject to the jurisdiction thereof, are citizens of the Unit...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The defence relied on at the trial and overruled was that the .ordinance imposing the license tax was a regulation of commerce among the States, and therefore conteuy to Art. I. § 8, par. 3 of the Constitution of the United States and void. Whether the Supreme Court of Louisiana erred in overruli...
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delivered the opinion of the court. This is a writ of error prosecuted for the purpose of reviewing and reversing the judgment of the Supreme Court of the District of Columbia, awarding a peremptory mandamus commanding the plaintiff in error, the Commissioner of Patents, to receive the final fee of $20 tendered by the relators, and cause letters patent of the United States to E. Hoe & Co.,...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: We think there was error in the charges complained of. To test their correctness we must assume the truth of the facts which the testimony submitted to the jury tended to prove. It was the duty of the court to submit to the consideration of the jury the testimony adduced by the defendant to sustain...
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delivered the opinion of the court. This suit was brought on a patent relating to leather covers of “ base-balls and other similar articles.” The patent was originally issued to one James H. Osgood, of Boston, under date of May 21, 1872. The bill states that Osgood afterwards assigned this patent to Louis H. Mahn, the complainant below, appellant here. On the 11th of .April, 1876, it was reissued,...
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delivered the opinion of the court. líe stated the facts in the foregoing language and continued: There are several fatal objections to the decree in this case. In the first place’, there is no evidence affecting the good faith of the sale and conveyance from Parker, Senior’ to the defendant, in March, 1871. It was known that the deceased owed several debts, and as there were no personal effect...
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delivered the opinion of the court. This case arises on a criminal information filed by the District Attorney of the United States for the Eastern District of Arkansas in the Circuit Court for that District. The defendants demurred to the information, and, on consideration of the demurrer, the judges of that court were divided in opinion on three questions, which they have certified t...
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delivered the opinion of the court. This is a suit in equity, brought by the appellant, in the Circuit Court of the United States for the Eastern District of Arkansas on the 2d day of May, 1879, to enjoin the execution of a judgment in ejectment recovered against him by the appellee at .the then .last April term of that court, for the possession of the west half and the southeast quarter o...
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delivered the opinion of the court. This is a suit in equity brought by Adams County, Iowa, the plaintiff in error, on the 23d of December, 1869, against the Burlington and Missouri River' Railroad Company, in a State court of Iowa, to quiet its title to sixty-six forty-acre lots of land. The county asserts title'under the swamp-land act of September 28, 1850, 9 Stat. 519, ch. 84, and the railr...
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delivered the opinion of the court. He stated the facts in the foregoing language and continued: 'The grounds on which the Supreme Court of Iowa proceeded are stated in its opinion, reported in 55 Iowa, 157, as follows: “~We think the evidence incompetent upon several grounds. Section 929 of the revision requires that the agent shall be appointed by the County Court at a regula...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is clear that the complainant was entitled to a decree of foreclosure unless the grounds of defence alleged by the respondent Reed were well taken. The first of these was, that the directors of the mining'company, who executed the bond and mortgage, did so without authority, and the bo...
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delivered the opinion of the court, in the case of the Great Western Insurance Company as follows: This is an appeal. from a judgment of the Court of Claims, dismissing a petition for want of jurisdiction. This was not done on a demurrer or plea, but on the following motion : “ The Assistant Attorney-General, on behalf of the United States, moves the court to dismiss the petition in this caus...
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delivered the opinion of the court. This petition is denied. The general revenue law of Virginia provides that no person shall do business in the State as a “ sample merchant ” until he has obtained a license therefor, on payment of a tax of seventy-five dollars; and that, if he does, he shall pay a fine of five hundred dollars for the first' offence, and six hundred dollars for each succeeding...
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delivered the opinion of the court. The petition which we are asked to grant permission to file prays for a writ of certiorari commanding “ the clerk of the Circuit Court of the United States for the Eastern District of Virginia to certify to this court a full, true and perfect transcript of the record, judgment and proceedings had in the Circuit Court,” under a writ of habeas corpus, issue...
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delivered the opinion of the court. A writ of mandamus is not ordinarily granted when the party aggrieved has another adequate remedy. No formal allowance by the Circuit Court of a writ of error from this court to review a judgment of that court is required. Davidson v. Lanier, 4 Wall. 453. The writ issues in a proper case as a matter of right, but, when sued out,' security must be given, and...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: All the rejected evidence was, in our' opinion, improperly excluded. The decree in the Wagner suit was set up as a bar to the action, on the ground that the liability of the county for the coupons was res judicata between the parties. The suit, although brought by citizens and tax-payers of the c...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The 5th section of the act of March 3, 1875, makes it the duty of the Circuit Court of the United States to remand a cause which has been removed from a State court when it shall appear to the satisfaction of the court, at any time after the suit has been removed, that such suit does not really and...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: Informations under the revenue laivs for the forfeiture of goods, seeking no judgment of fine or imprisonment against *217 any person, are not strictly criminal cases, in which the decisions of the Circuit Court are final, unless a division of opinion is certified ; but they are civil actions, of...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued : The objection that the Circuit Court had no jurisdiction to issue its mandamus to the plaintiffs in error is based upon the supposition that' because they are not parties to the judgment against Oswego Township, and are not officers of or representatives of that municipal corporation, but are...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: We are of opinion that the patent is open to the fatal objection that the device covered thereby did not, in vieiv of the ■ state of the art, involve the exercise of invention, and Avas therefore not patentable. The simply working of a capstan by means of steam is not claimed, but, in the amended...
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delivered the opinion of the court. This action was brought to recover the amount of certain bonds and interest coupons issued under date of May 1, 1872, in the name of Grenada County, Mississippi, by its board of supervisors, and made payable to the Yicksburg & Nashville Railroad Company, or bearer, at its agency in the city of New York. Each bond, signed by the president of th...
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delivered the opinion of the court. *251 This was an aetion upon a policy of life insurance in which a verdict and a judgment were rendered for the plaintiff. The policy was taken out on the 21st of February,. 1878, by the Union Trust Company of New York for the benefit of the children of William Orton who might survive him. The insured died on the 22d of April of the same year. In the applic...
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delivered the opinion of the court. The first question which presents itself on this record is as to our jurisdiction.. The suit, although in form by the State to cancel its patent to Jackson, was in reality between Hastings and Jackson to determine which of the two had in equity the better right to the land in controversy by reason of the locations of school warrants under which they respectiv...
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delivered the opinion of the court. This suit was brought in a State court of Louisiana, on the 25th of November, 1876, by Edward C. Hancock, a citizen of Louisiana, against Eliza Jane Holbrook, George W. Nicholson, R. W. Holbrook, and Chas. T. Howard, all of the city of New Orleans, as stated in the petition, to establish an alleged title of Holbrook to f J- parts of all the property, rig...
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delivered the opinion of the court. This record shows that Higgins, the defendant in error, brought suit against the Bradstreet Company for $8,000, the price and value of certain property of his which the company had appropriated to its own use. The answer of the company contained, 1st, a general denial of the allegations of the petition; 2d, a counter-claim of $1,-104.18 for moneys collected b...
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delivered the opinion of the court, *274 ■ We have no jurisdiction- in these cases. The suits were brought on policies issued by the Mutual Assurance Society of Virginia, one to John Grame, and the other to Seymour P. Vial, insuring certain buildings of the respective parties against such losses or damages as might be occasioned by accidental fire or lightning,- but expressly excepting from t...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is contended for the plaintiff that the bill of lading does not purport to limit the liability of - the defendant to the amounts stated in it, in the event of loss through the negligence of the defendant. But we are of opinion that the contract is not susceptible of that construction. The d...
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delivered the opinion of the court. He stated the facts in the-foregoing language, and continued: The negligence alleged consisted in not obtaining acceptance of the drafts by the Tea Tray Company, or having them protested for non-acceptance by that company, or giving notice to the plaintiff of such non-acceptance, and in failing to give notice to the plaintiff that the company would not a...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued : The information alleged violations of numerous sections of the internal revenue laws, ivhich it is not necessary to mention further than to say, that on its face it disclosed a case for a forfeiture under those laws of the property described in it, clearly within the jurisdiction of the court. T...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The first complaint of the appellant is that the court overruled his motion to dismiss the bill, the appellee having failed to file a replication to the answer within the time prescribed by the equity rules. The motion was properly denied. The sixty-sixth equity rule provides that “ whenever t...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued : The action of the court below directing the sale of only so much of lot 7 as lies south of a line running from a point 44 feet south of its northeast corner parallel with New York Avenue to the west line of the lot, leaving undetermined the question of the title to that part of the lot lying ...
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112 U.S. 311 5 S.Ct. 161 28 L.Ed. 710 OGDENSBURG & L. C. R. CO.v.NASHUA & L. R. CO.1 November 24, 1884. Sidney Bartlett, for appellant. F. A. Brooks, for appellee. MILLER, J. 1 This is an appeal from a decree of the circuit court for the district of New Hampshire, dismissing the bill of appellant, who was complainant below. The p...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court for the District of New Hampshire, dismissing the bill of appellant,, who was complainant below. The plaintiff is the owner of a railroad commencing at Ogdensburgh on Lake Ontario, and terminating at Plattsburgh on Lake Champlain. The defendant-owns a road between Nashua and Lowell. The Yennont and Canada B. R...
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delivered the opinion of the court. This case was before this court at the October Term, 1877, and is reported as County of Bates v. Winters, 97 U. S. 83. It came up then on a special finding of facts, and the judgment below was reversed because it did not appear' that the County Court had actually subscribed to the capital stock of the Lexington, Cliillicothe and Gul...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The value of the matter in dispute in this court is the difference between the amount of compensation claimed by the railroad company on its intervention and the amount assessed by the jury. Hilton v. Dickinson, 108 U. S. 165. There is nothing in the record to show that the alleged ...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: The only question involved is that stated by the auditor in his report, and it is easy of solution. Mrs. Brereton was not named in the deed of June 1, 1874. She was not a party to it. She granted nothing by it. Although she signed it, and although the magistrate certified that she was- a party to i...
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delivered the opinion of the court. He recited the facts as above stated, and continued : The authority of the Surrogate’s Court of the county of Rich *464 mond - and State of^ New York to appoint Lamar guardian of the persons and property of infants at the time within that county, and the authority of the Supreme Court of the State of New York, in which this suit was original...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is manifest that it is vital to the appellants’ case,- that they should maintain and establish a judgment lien upon the estate of Robert Forsythe, in the premises in controversy, at the date of the recovery of the judgment in 1866 ; because the discharge in bankruptcy of Forsythe, in 1868, ...
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delivered the opinion of the court. He stated the facts in the foregoing language, and continued: It is first assigned for error by Mrs. Fortier, the original defendant, that as the bill Avas filed in the name of “ Albert Baldwin, in his capacity of president of the NeAV Orleans National Bank,” against the defendant, who is alleged to be a citizen of Louisiana, it does not appear that the ...
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delivered the opinion of the court. lie recited the facts as above stated, and continued: The plaintiffs in the present suit, Birdsell, the patentee, in whom is the legal title, and the Birdsell Manufacturing Company, his licensee, in whom is the beneficial interest, make three objections to the decree set up by way of estoppel: 1. That the Birdsell Manufacturing Company was not a party. 2...
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delivered the opinion of the court. This case comes before us upon a certificate of division in opinion upon Questions that require a construction of the act of Congress approved May 6, 1882, ch. 126, 22 Stat. 58, entitled “An Act to execute certain treaty stipulations relating to Chinese,”' — commonly known as the Chinese restriction act— and of the act amendatory thereof, approved July 5, 1884, ...
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delivered the opinion of the court. This is an action of debt brought in- the court, -below to te *434 cover the amount- of six bonds (or alleged bonds) of the township of Mullica,- in the county of Atlantic and State of New Jersey, one being for $500 and the others for $1,000 each. The declaration also contains the common-, money counts. A copy of the instruments sued on was annex...
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112 U.S. 377 (1884) CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY v. ROSS. Supreme Court of United States. Argued April 14, 1884. Decided December 8, 1884. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. *378 Mr. John W. Cary for plaintiff in error. Mr. Enoch Totten for defendant in error. *380 MR. JUSTICE FIELD delivered the opinion of the court. The plainti...
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delivered the opinion of the court. The plaintiff and the defendant were incorporated by the Territorial Legislature of Kansas’; and the question in controversy relates to land which they respectively claim under grants from the United States. ■ The plaintiff’s original name was the Leavenworth, Pawnee and Western Railroad Company, and it is thus termed in the act of Congress of 1862 creat...
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delivered the opinion of the court. These cases all involve the same questions of law, and have been argued before this court together. The case at the head of the list presents all the facts, in the form of an agreed statement signed by counsel, and it therefore brings the questions before us very fully. The other two were decided by the Circuit Court on demurrer to the declaration. ...
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delivered the opinion of the court. The facts, as shown by the testimony in this, case, are these: On or about the 19th of December, 18Y0vHenry J. Traver, the appellee, and Michael Traver, his brother, bought of John *424 Dickson a tract of land in the city of Chicago, containing about sixteen acres. They paid to Dickson at the time a small part of the purchase money in cash, and.f...
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delivered the opinion of the court. He recited the facts as above stated, and continued: ' The questions are— -1. Whether the officers of the navy and of the regular army who were employed in the prosecution of the war with Mexico are entitled to the three months’ - extra pay provided for. by the act of 1848, and if so, then, 2. What is the “ pay ” to which they are entitled ? We have n...
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delivei’ed the opinion of the court. The motion to dismiss is put on the ground that the security bond is defective, 1, because -the sureties are not jointly or severally bound for the full amount of the obligation, but each *507 severally for a specified part only, and, 2, because the judgment brought'under review by the writ of error is not described with, sufficient certainty. The bond i...
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delivered the. opinion of the court. He recited the facts as above stated, and continued : It was decided in Babbitt v. Clark, 103 U. S. 606, 611, that “ Congress evidently intended that orders of this kind made in suits at law should be brought here by writ of error, and that *505 where the suit was in equity an appeal should be taken.” This was a suit1 ...
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delivered the opinion of the court. He recited the facts' as above stated, and continued: . There is a bill of • exceptions, containing exceptions by the .claimants of the Jones to the first, third and fourth conclusions, of law. Our review of the decree below is limited by statute to a determination of the questions of law which arise on the record, under the facts stated by the Circuit C...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The question which lies at the foundation of this case is what estate Eliza Ann Thornton'took in the land which Joseph Thornton specifically devised to her, “ provided that, should the said Eliza Ann die in her minority, and without lawful issue then living, the lands hereby devised shall revert and be...
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delivered the opinion of the court. He recited the facts as above stated, and continued: We are of opinion that there is no error in the charges given or in the refusal to charge as requested. The sections of the Revised Statutes relating, to the District of Columbia were correctly construed by the court. Their meaning is plain. § 715 provides for the case where the party contracts to rece...
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delivered the opinion of the court. This is an action, brought for the use of Markley, a citizen of. New Jersey, upon the bond of the administrators of the estate of Daniel Lord, deceased, who died intestate in 1866, in Cecil County, Maryland, of which State he ivas at the time a. *491 citizen, and in which, he owned real and personal property. It was commenced in the Circuit ...
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delivered the opinion of the court. A motion has been made to dismiss this appeal because the value of the matter in dispute does not exceed $2,500. From the facts appearing in the record, supplemented as they have been by affidavits as to value, we are satisfied this motion should be overruled, and it is so ordered. It is conceded in the brief filed- for the appellee “ that the essential fac...
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delivered, the opinion of the court. He recited the facts as stated above, and continued: It was provided by § 2505 of the Revised Statutes of 1874, that the importation of the following articles should be exempt fn" m duty: . i. “ Books, household effects, or libraries, or parts of libraries, in use, of persons or families from foreign countries, if used abroad by them not less than ...
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delivered the opinion of the court. Neither the record in this case, nor the part thereof on which this motion depends, has been printed, and the appellees have neglected to state in their motion papers the facts as presented by the transcript on which they rely. An affidavit has been filed to the effect that the appellees were not served with a *711 citation, nor with a notice of an applicat...
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delivered the opinion of the court. The order remanding this cause to the State court from which it was removed is affirmed on the authority of Alley v. Nott, 111 U. S. 472, where it was decided that a case could not he removed from a State court under the act of March 3, 1875, ch. 137, 18 Stat. 470, after a hearing on a demurrer to a complaint because it did not state facts sufficient to c...
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delivered the opinion of the court. He recited the facts as above stated, and continued: Many questions were discussed at the hearing which we deem it unnecessary to consider, because we are of opinion that the- disclaimer made has the effect to so limit the construction of the claims of the reissue that the defendant’s machine cannot be held to infringe those claims. The opposition ;to the ext...
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delivered the opinion of the court. He recited the facts as above stated, and continued : The first question to be determined is how far this court, upon this record, has authority to consider the alleged errors. By the act of March 3, 1865, ch. 86, § 4, re-enacted in the Revised Statutes, it is provided that issues of fact in civil *606 cases may be tried and determined ...
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delivered the opinion of the court. He recited the facts ás above stated, and continued: The case of the plaintiff in error rests entirely upon the words of the ninth section of the act of incorporation of the Memphis and Little Rock Railroad Company of January 11, 1853, by.which it was empowered to borrow money “on,the credit of the company and on the mortgage of its charter and works.” ■...
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delivered the opinion of the court. He. recited the'facts as above stated, and continued: The refusal of the court to. direct the jury to return a verdict for the' defendant is, among other things, assigned for error. We think the charge requested should have been given, because, in our opinion, the first claim of the reissued patent, which is the only one that the plaintiff insisted had been i...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The articles of agreement of November 20, 1862, between *654 the Secretary of the Interior and the Great Falls Manufacturing Company, made ample provision for the protection of the public interests; for, the right was reserved to the party dissatisfied, to proceed by suit in equity in the proper court of ...
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delivered the opinion of the court. This is an appeal from the Circuit Court for the District of Massachusetts, dismissing the bill of appellant, who was plaintiff below. See 6 Fed. Rep. 461. The bill alleges that the plaintiff is the owner of one hundred and fifty bonds of $1,000 each of the Memphis and Little Rock Railroad Company, and fifty similar bonds of the South Carolina Centr...
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delivered the opinion of the court. This suit was brought in the District Court of the Third Judicial District of the Territory of Utah, on the 13th of June, 1879, by the Yictor Sewing Machine Company, against two persons named Crockwell and Bassett, and two others named Streeper and Murphy. On the 28th of June, 1875, the company, of. one part, and Crockwell and Bassett, of the other, ente...
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delivered the opAion of the court. This suit was brought in the District Court of the Third Judicial Court of the Territory of Utah, on the 1st of October, 1879, by the Yictor Sewing Machine Company, against two persons named Crockwell and Bassett and one named Murphy. On the 11th of March, 1876, the company, of one part, and Crockwell and Bassett, copartners by that name, of the other, en...
Views: 0
delivered the opinion of the court. The plaintiff in error, who was plaintiff below, sued to recover damages for an alleged breach of a written contract, entered into at Chicago, for the sale and delivery of 1,000 hogs, to average 250 pounds or over, to be delivered at Plattsburg, Missouri, in the month of December, 1876, at the seller’s option, at $1.50 per hundred gross weight. The contr...
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delivered the opinion of the'court. Several awards were made by the Mexican Claims Commission, under the treaty between the United States and Mexico of July 4,1868, in favor of claimants, representatives respectively of three American citizens, Parsons, Conrow and Standish, which amounted in the aggregate to $143,812.32. Of this, one-half was paid to the claimants and the other half remained wi...
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delivered the opinion of the court. On the 8th day of October, 1875, the Lake Superior and Mississippi Railroad Company entered into a contract in writ ing with the United States, acting by ■‘■he Post nr ter-General, for carrying the mails between St. Paul and Duluuh for a term of four years, for an agreed compensation of $13,859.97 per anriupa. On the 20th da’ of October, 1876, the P...
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delivered the opinion of the court. Two actions of assumpsit were brought by Fairbanks, the defendant in error, against the town of Martinton, the plaintiff in error. One action was brought upon what the declaration alleges to be “ certain instruments in writing called promissory notes or bonds or railroad bonds” made and issued by the town. They were not under seal and were payable to bea...
Views: 10
delivered the opinion of the court. He recited the facts as above stated, and continued : The trustee’was not a merely nominal party. The object of the suit was to prevent him from selling the property under' the power given by the deed of trust. The relief asked could not have been granted without his being before the court. There was no separable controversy between the complainants and ...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The court instructed the jury, in substance and effect, that the insurance company, having accepted the draft or bill of *706 Dr. Pendleton on his factors for the premium due on the policy, was in duty bound to pursue all the steps necessary to enable it to recover against him as drawer of...
Views: 10
delivered the opinion of the court. This case was before this court at the October term of 1877. 95 U. S. 551. It is an action of ejectment for the possession of a tract of land consisting of ninety-four acres and a fraction of an acre, situated in the borough of Fort Howard, in Brown County, Wisconsin. The plaintiffs derived their title to the premises from one Pierre Grignon, to whom, on June...
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delivered the opinion o'f the coi rt. This is a writ of error to the Supreme Court of the State of Minnesota, and a motion is made to dismiss it for want of jurisdiction. It will sufficiently appear in the opinion on the merits, that the rights asserted by both parties are founded on acts of Congress, and require the construction of those acts to determine their conflicting claims. Th...
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delivered the opinion of the court. On the 1st of August, 1879, a charter-party was entered into between the owners of the steamship Whickham and the firm of A. Schumacher & Go., composed of George A.-Von Lingen, Carl A. Von Lingen, and William G. Atkinson, of which,the parts material to this case are as follows. *41 “ Grain Charter Party,-Steamer. Phi...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The position that the plaintiff in error has been denied the equal protection of the laws was not insisted upon at the argument. The single question presented for decision is whether he has been deprived of his property without due process of law, in violation of the Fourteenth Amendment of the Constit...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The general grant of legislative power in the Constitution of a State does not enable the legislature, in the exercise either of the right of eminent domain, or of the right of taxation, to ■ take private property, without the owner’s consent, for any but a public object. Nor can the legislature author...
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delivered the opinion of the court. The plaintiff in error was plaintiff below, and, being a corporation under the laws of Great Britain and an alien, brought this action in the Circuit Court of the United States for the Southern District of New York, the defendant being a corporation of that State, *34 The action was in form indebitatus assumpsit, and the substanc...
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delivered the opinion of the court. This is a bill in equity to enjoin the alleged infringement of letters patent No. 93, 391, issued to Edward A. Locke for certain improvements in identifying revenue marks or labels, dated August 3, 1869, the appellees being assignees of the patentee, *61 and the appellant, the collector of internal revenue for the Second Collection District ...
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delivered the opinion of the court. The appellants, John S. Rowell and Ira Rowell, were the plaintiffs in the Circuit Court. They brought their bill in equity against Edmund J. Lindsay and William Lindsay, the appellees, to restrain the infringement of reissued letters patent No. 2,909, dated March 31, 1868, granted to the plaintiffs for *98 “ a new and improved cultivator.” T...
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delivered the opinion of the court. He recited the facts, as above stated, and continued: The objection that the record does not show*a sufficient exception, upon the part of plaintiffs, to the instructions given to the jury, cannot be sustained. The series of propositions announced by the court, although styled instructions, embodies nothing more than the reasons that induced it to direct a ve...
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delivered the opinion of the court. He recited the facts as above stated, and continued: In Trustees v. Greenough, 105 U. S. 527, we had occasion to consider the general question as to whát costs, expenses and allowances could be properly charged upon a trust fund brought under the control of court by suits instituted by one or more persons suing in behalf of themselv...
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delivered the opinion of the court. He recited the facts as above stated, and continued: At the trial below the plaintiffs asked the court to instruct the jury that the written agreement with Arndt, followed by his payment of $5,000 in monejp the delivery of his note for a' like amount, and the entry of the money and notes to his *56 individual credit upon the books of Drennen...
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delivered the opinion of the court. This is an appeal from an order of the Circuit Court for the *85 Northern District of Illinois, remanding to the State court a case which had been removed from that court into the Circuit Court. The removal was prayed for in the petition on the ground that the controversy was between aliens and citizens of the State of Illinois, and one of the points argu...
Views: 10
delivered the opinion of the court. He recited the facts as above stated, and continued: The first objection to the removal is that the -proceeding in the State court, which was commenced in the Probate Court to obtain payment of a claim against the estate of a decedent, then under administration in that court, was within the exclusive *76 jurisdiction of the State court, and could not be tra...
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delivered the opinion of the court. He recited the facts in the foregoing language, and continued: The facts stated in the petition are admitted by the demurrer, and, for the present consideration of the case, must be taken as *109 true. The statutes of Missouri, which were in force when the bonds mentioned in the petition were issued, and which still remain in force, provide ...
Views: 3
delivered the opinion of the court. He recited the facts as above stated, and continued: It is well established that a settlement of an administrator’s account, by, the decree of a Probate Court, does not conclude as to property accidentally or fraudulently withheld from the account. If the property be omitted by mistake, or be subsequently discovered, a court of equity may exercise its jurisdi...
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delivered the opinion of the court. This is a writ of error to the Circuit Court of "Wisconsin for the County of La Crosse, and a motion is made to dismiss it. The first ground of the motion is that the writ should have been directed to the Supreme Court of the .State, and cannot be rightfully directed to the Circuit Court of the county. It appears that the defendant in error here was plainti...
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delivered the opinion of the court. On the 27th of May, 1879, the Consolidated Safety-Valve Company, a Connecticut corporation, brought a suit in equity, in the Circuit Court of the United States for the District of Massachusetts, against the Crosby Steam Gauge and Valve Company a Massachusetts corporation, for the infringement of letters patent No. 58,294, granted to George W. ...
Views: 6
delivered the opinion of the court. Before July 23, 1872, the United States advertised for proposals for furnishing and delivering at the site of the new United States Government building to be erected at Chicago, Illinois, “ all of the dimension stone required in its construction.” John M. Mueller submitted a proposal, dated July 23, 1872, “ to furnish dimension stone in accordance with t...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The plaintiff insists that the original notes were valid, because a corporation, empowered to hold and convey real estate for the objects of its incorporation, may convey an estate in fee or any less estate in lands which it has purchased, and may therefore make a valid lease of them for any term of ye...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The controversy in this case is not between citizens of different States. In truth, as well as in form, the parties on one side of the controversy are citizens of New Jersey, and those on the other side of the controversy are a New-Jersey corporation and other citizens of New Jersey, as well ,as a Pennsylva...
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delivered the opinion of the court. The appellant was the claimant in the Court of Claims. He. brought his suit April 30, 1880, to recover from the United States the sum of $3,400 for plumbing done by him on the United States Steantship Quinnebaug under a contract made with I. Hanscom, the'Chief of the Bureau of Construction and Repair of the Navy Department, on behalf of the government, in the...
Views: 6
delivered the opinion of the court. He recited the facts as above stated, and continued: The jurisdiction of the court below is questioned upon the ground that the bonds in suit are not promissory notes negotiable by the law merchant, within the meaning of the first section of the act of March 3, 1875, determining the jurisdiction of the Circuit Courts of the United States; and, consequent...
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delivered the opinion of the court. He recited the facts as above stated, and continued: By the laws of Utah regulating the mode of procedure in criminal cases, it is provided, among other things, that the de *147 fendant in a criminal action may appeal to the Supreme Court of the Territory, from any order made after judgment, affecting his substantial rights. Laws of Utah, 1878, Title VIIL, ...
Views: 8
delivered, the opinion of the court. He recited the facts as above stated, and continued: The questions thus presented are neither new nor difficult of solution. Except in one particular, they have been considered and determined in many cases, of which the most important are Wilson v. Blackbird Creek Marsh Co., 2 Pet. 245; Pennsylvania v. Wheeling Bri...
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delivered the opinion of the court. This is a writ of error to the Circuit Court for the Eastern District of New York. The action is for a breach of covenants of warranty in a conveyance of land located in Iowa. It is a manifest attempt to obtain the judgment of this court on one of the complicated phases of the disputed titles growing out of the grants of lands on the Des Moines River to aid...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The defendants’ collars have bands which are continuous from end to end of the collar, and are not in two parts, nor divided by any vertical or other seam, at the centre of their length or elsewhere. They have no short or sectional bands, which start from the centre of the collar, or from any point between ...
Views: 6
delivered the opinion of the court. He recited the facts, as above stated, and continued: It is not disputed that the recital, in the bond, that it was issued under the act of February 26,1866, Sess. Laws of Kansas, 1866, ch. 24, p. 72, was an error. That act authorized county subscriptions to the stock of railroad companies, when authorized' by a majority of the votes cast at a county election...
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delivered the opinion of the court. He recited the facts in the foregoing language, and continued: The grounds on which the appellant contends that the claim now asserted is not barred by the decree rendered in 1871 in the former suit in the Circuit Court, resolve themselves into these two: First. That it is found as a fact that this claim was not litigated in that suit. Second. That it could n...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The nature and history of the auditor’s certificates, and of the so-called sewer certificates, and other securities' issuéd by the District of Columbia, as well as the legislation of Congress relating to them, have been fully stated in opinions delivered' by the Court of Claims in other cases, and need...
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delivered the opinion of the court. He recited the facts, as above stated, and continued: Neck-pads for horses, to which the letters-patent relate, were made of various kinds and used long before application for the patent ivas filed. They were attached to the horse-collar at its upper end immediately below the point where the two arms of the collar are buckled together. They rested on the neck...
Views: 2
delivered the opinion of the court. He recited the facts as above stated, and continued : It is plain, and is not disputed by the plaintiffs, that if there had been no proceeding instituted by the United States for the condemnation of the property, and no intervention therein by Morgan, he would have acquired a good title to the premises, by his purchase thereof at the sale made under the ...
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delivered the opinion of the court. The first count in the declaration is upon certain bonds and coupons purporting to be the obligations of the town of Santa Anna, in the State of Illinois, and to have been issued in pursuance of an act of the legislature of Illinois, entitled “ An Act to amend the articles of association; of the Danville, Urbana, Bloomington and Pekin Railroad Company, a...
Views: 2
delivered the opinion of the court. ■ This is an action of ejectment for the possession of three lots' in what is .known as Stevens’ and Leiter’s subdivision of the City of Leadville, in Lake County, Colorado. - The complaint is in the usual form under the practice established in that State, where the action is brought to obtain possession of land alleged to be part of the public domain, b...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The plaintiff argues here, and insisted throughout the progress of the case in the State courts, that by reason of certain laws of the United States as applied to the facts found in the verdict of the jury, the decedent was a passenger, and the Supreme Court erred in holding otherwise. These laws are thus...
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delivered the opinion of the court. This case comes before us on a motion to dismiss the writ of error. The ground of this motion is that since the judgment was rendered, which plaintiff. in error now seeks to reverse, the matter in. controversy has been the subject of compromise between 'the parties to the litigation, which is in full force and binding on plaintiff and defendant, and...
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delivered the opinion of the court. It has been repeatedly decided by this court that where no return.has been made to a writ of error by filing the transcript of the record here, either before or during the term of the court next succeeding the filing of the writ in the Circuit Court, this court has, acquired no jurisdiction of the case, and the writ having then expired, can acquire none under...
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delivered the opinion of the court. The plaintiff in error here is a Chinese woman who, arriving at San Francisco from China, was not permitted to land in that city, by reason of the acts of Congress ■ of May 6, 1882, and the amendatory act of 1884, and, being forcibly kept on board the vessel, sued out a writ of habeas corpus to obtain her release. On a hearing in the' Circuit Court of the U...
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delivered the opinion of the court. This suit was brought in the- Supreme Court of the District of Columbia, on the 13th of December, 1876, by Chauncey D. Spaids against Dennis N. Cooley, to recover $6,593.70, with interest from July 1st, 1868. The declaration contains the common money counts, and nothing more. There are two pleas, one denying indebtedness, and the other averring that the alleg...
Views: 0
delivered the opinion of the court. This.case was before this court at October Term, 1881, and is reported as Harvey v. United States, 105 U. S. 671. The history of it is there fully given, and, in connection with the reports of it in 8 C. Cl. 501, 12 Id. 141, and 13 Id. 322, what occurred in it prior to the decision of this court can be fully understood. The Court of Claims had dismissed t...
Views: 11
delivered the opinion of the court. He recited the facts as above stated, and continued: If, after the plaintiff’s case had been closed, the court had directed a verdict for the defendant on the ground that the evidence, with all inferences that the jury could justifiably draw from- it, was insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be se...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The statutes referred to in the complaint are § 1367 of the General Statutes of South Carolina, the act of December 10, 1869, entitled “ An Act to regulate the formation of corporations,” and “ sundry other laws of said State.” This last reference would broaden the question certified, so as to embrace the i...
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delivered the opinion of the court. This was a bill in equity, -filed November 20, 1879, to establish the title of the plaintiff to, and recover the possession of, a certain tract of land in the County of Logan, in the State of Ohio, and for an account of rents and profits. Filling the many blanks left in the bill by resort to the evidence, the case made thereby was substantially as follow...
Views: 11
delivered the opinion of the court. He recited the facts as above stated, and continued: ' It is not seriously contended that § 1 of the act of August 5, 1882, referred to in this petition, has any application to the case. The controversy arises upon § 3 of the act of July 15, 1870,16 Stat. 321, entitled “ An Act making appropriations for the naval service for the year ending June 30, 1871...
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delivered the opinion of the court. The relator, Jackson, recovered a judgment in the court below against the city of Quincy, Illinois, for the sum of $9,546.24, with costs of suit. There are no funds in its treasury out of which ithe judgment can be paid, and its corporate authorities' have refused upon demand of -the relator to satisfy it, in the only way in which it can be paid, by a levy ...
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delivered the opinion of the court. This case comes before us on appeal from the decree of the Circuit Court for the Eastern District of Michigan. The facts, so far as necessary to present the point of our decision, are as follows: In 1869, and previous to March of that year, several persons interested in a patent for the manufacture of illuminating gas, and gas machines known as “ Rand’s Pat...
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delivered the opinion of the court. This is an application for a -writ of habeas corpus to release the petitioner from imprisonment in the jail of the District of Columbia, where he is held, as he alleges, unlawfully by John S. Crocker, the warden of said jail. He presents with the petition the record of his conviction and sentence in the Supreme Court of the District to imprisonment for five y...
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delivered the opinion of the court. He recited the facts as above stated, and continued: We think the order remanding the case was well made. 1. Mr. Sully is the only defendant who is not a citizen of Iowa. The other defendants, against whom relief is sought, are the railroad company, the trustees of Prairie Township, and the treasurer of the county. All of these are proper *291 parties, an...
Views: 5
delivered the opinion of the court; He recited the facts as above stated, and continued: The only question for decision is, by the stipulation of the parties, whether the property in question should have been sold in the manner in which personal property was required by the statute of Indiana to be sold. The statute in force at the time, in regard to the sale of personal property on e...
Views: 9
delivered the opinion of the court. On the 29th of July, 1882, an act of Congress .was passed, 22 Stat. 723, ch. 359,- providing “ that the Secretary of the Treasury, be, and he is hereby, authorized and directed to remit, refund and pay back, out of any moneys in the treasury not otherwise appropriated, to the following named citizens of *419 Tennessee, or the legal representatives of such a...
Views: 4
113 U.S. 340 (1885) McARTHUR & Others v. SCOTT & Others. Supreme Court of United States. Argued January 28, 29, 1884. Reargued April 7, 8, 9, 1884. Decided March 2, 1885. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. *353 Mr. Lawrence Maxwell, Jr., for appellants at the first argument. Mr. Maxwell and Mr. William M. Ramsey for appellants at the re-a...
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delivered the opinion of the court. He recited the facts in the foregoing language, and continued : The witness, according to his own'testimony, had no recollection, either independently of the memoranda, or assisted' by them, that he had filed a protest with the collector; did not know when he made the memorandum in pencil; made the memorandum in ink twenty months after the transaction, f...
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delivered the opinion of the court. He recited the facts- as above stated, and continued: It is the well settled rule of decision, established by the Court of Appeals of New York in numerous cases, that this section of the statute, to enforce which the present action was brought, is penal in its character, and must be construed with strictness as against those sought to be subjected to its...
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delivered the opinion of the court. This is a bill in equity filed by the appellants September 3, 1879. The complainants are the_ administrators de bonis non of Samuel D. Morgan, deceased, and the children and heirs at law and widow of the intestate, citizens of North Carolina. The female defendants are the children and heirs at law of John G. Morgan, deceased, sued with their husban...
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delivered the opinion of the court. He recited the facts, as above' stated, and continued : The conclusions of law reached by the Court of Claims, on which its judgments are founded, and which are stated and supported in its opinion by the late learned Chief Justice of that court, are comprised in these propositions: that if the claimants, J. S. Morgan & Co., and L. Voh Hoffman & Co., or a...
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delivered the opinion of the court, The legislature of Arkansas passed an act, January 12, 1853, to incorporate the Cairo and Fulton Railroad Company, with power to construct, maintain, and operate a railroad from a point on the Mississippi River opposite the mouth of the *466 OMo, in the State of Missouri, by way of Little Rock, to the Texas boundary line, near Fulton, in Arkansas...
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after making the foregoing statement, delivered the opinion of the court. The plaintiff in error has assigned errors, in several particulars, in the finding of facts, but as there is no bill of exceptions setting forth the evidence, no error of law can be assigned in respect to any finding of fact, and we are necessarily restricted to the question whether, upon the facts as found, there wa...
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delivered the opinion of the court. He recited the facts as above stated, and continued : The right of removal from the State court, which is contested in this case, is founded on the last clause of the second section of the act of March 3, 1875, 18 Stat. 470, Richardson’s Supplement, 173: “ And when in any suit mentioned in this section there shall be a -controversy which is wholly between cit...
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delivered the opinion of the court. This is an appeal from a decree dismissing a bill filed by the appellant to restrain the infringement by the appellees of reissued letters patent granted to the appellant, as the assignee of original letters patent issued to Thomas H. Bailey. The original patent was dated February 9, 1864, and the reissue September 18, 1877. They were for “ a new and improved...
Views: 9
delivered the opinion of the court. He recited the facts as above stated, and continued: The appellants make no objection to that part of the decree *671 ■which finds the balance due to Walker. It must, therefore, be accepted as a fact' in the case, that the sum so due, over and above all moneys received by Walker from the property conveyed to him by Flagg, was, on October 4, 1880, $25,207.13...
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delivered the opinion of the court. He stated the facts in the foregoing -language, and continued: Pursuant to authority conferred by -the act of March 12, 1863, 12 Stat. 820, the Secretary of the Treasury established and promulgated regulations providing for the appointment of supervising special agents, assistant special agents, and other *652 agents, for receiving and collecting abandoned ...
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delivered the opinion of the court.. By an act of the General Assembly of Illinois, approved February 16, 1865, certain named persons were created a body politic~and corporate by the name of the Traveller’s Insurance Company, with authority to carry, on the business of insuring persons against the accidental loss of life or personal injury sustained while travelling by railways, steamers, ...
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delivered the opinion of the court. The plaintiff in error brought this suit in a State court of Pennsylvania for an injunction restraining the commissioners of Schuylkill County from levying a cownty tax for the year 1883 upon certain shares in the Pennsylvania National Bank— an association organized under the National Banking Act: The suit proceeds upon the ground that such levy violates th...
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delivered the opinion of the court. This was an action of trespass to try title of certain land in Bell County, Texas, originally brought in the District Court of said county by Watson, the defendant in error, against the plaintiffs in error and one Anderson. The land claimed was *596 described ih the'petition as a tract lying in said county of Bell, about fifteen miles northe...
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delivered the opinion of the court. He recited the facts as above stated, and continued: *522 It requires only a casual reading of this act to discover its purpose and object. The difficulty of assessing the value of railroad property in separate parcels, located in distinct cities and townships, is almost insuperable. A railroad cannot be regarded as mere land, like farm land, or building lo...
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delivered the opinion of the court. He recited the facts as above stated and continued : ' The ground on which the decision below was placed was, that the laws having made the water rents a charge on the land, with a lien prior to all other encumbrances, in the same manner as taxes and assessments, the complainant took its mortgages subject to this condition, whether the water was introduced on...
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delivered the opinion of the court. A bill ivas filed by the appellant in this case against the appellee, complaining that the latter had infringed, and continued to infringe, certain letters patent granted to one John J. Schillinger, and which had been assigned for the State of California to the complainant. The patent was for an improvement in concrete pavement, and was originally issued...
Views: 10
delivered the opinion of the court. He stated the facts in .the foregoing language, and continued: Two questions .are presented for our consideration by the appeal in this case. The first relates to the deficiencies in the sections designated as granted in the act of 1857, arising from sales and the attachment of preemption rights previous to the final determination of the route of the roa...
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after stating the case in the above mentioned language, delivered the opinion of the court: As seen by the statement of the case, the court below, in its charge, assumed that the notice on the stake, placed by Carroll at the point of his discovery, contained no specification or description of the ground claimed by the locators, because it did not designate the number of feet elaimed on each sid...
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delivered the opinion of the court. This is a suit in equity ancillary to the action for the possession of the mining claim just decided. It is brought to restrain *538 the commission of. waste by the defendants pending the action. The bill sets forth the discovery by one Thomas Carroll, a citizen of the tTnited States, while searching on behalf of himself and the plaintiff, also a citizen, f...
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delivered the opinion of the court. He stated the facts as above recited, and continued : The jurisdiction of this court is always challenged in cases of this general character, and often successfully. There can be no doubt of the proposition, that the exercise of the power of punishment for contempt of their orders, by courts of general jurisdiction, is not subject to review by writ of error, ...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of Kansas. The action was brought in that court on a covenant pf warranty of title to two pieces .of land, in a deed of conveyance made by the company to Dunmeyer. The land was sold by the company to George W. Miller, to whom a certificate of sale was given, which afterward came by assignments ...
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delivered the opinion of the court. This case was before us at the October term, 1877, and the question then was whether certain instruments of writing, made by Peugh to Davis, constituted an absolute conveyance of lots in the District of Columbia, or were in the nature of a mortgage security for loan Of money. The court was of opinion that on all the facts óf the case the latter was the true c...
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delivered the opinion of the court. A motion is made to dismiss the writ of error in this case on the following grounds: 1. The writ of error was never served by lodging a copy thereof with the clerk of the court. *547 2. No assignment of errors was transmitted with, the record, as required by the rules of the court and by § 997 Rev. Stat. 3. The writ of error does ...
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delivered the opinion of the court. The only fact in issue in this case on the trial below was whether the “ Saxony dress goods ” imported by the plaintiffs in error were “goods of similar description” to “delaines,” within the meaning of that terrn as used in the tariff act of July 14, 1862, ch. 163, § 9, 12 Stat. 553. To maintain this issue on their part, the plaintiffs in error called a numb...
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delivered the opinion of the court. The question on which this case turned below was whether Myers, the lessee of property situated on the bank of the Mississippi River within the city of St. Louis, which had been improved with a view to its use, and was used in connection with the navigation of the river, could maintain an action *567 against the city for extending one of its streets into the ...
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113 U.S. 539 (1885) RICHARDS v. MACKALL. Supreme Court of United States. Submitted December 1, 1884. Decided March 2, 1885. APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. Mr. W. Willoughby in support of the motion. Mr. William B. Webb and Mr. Enoch Totten opposing. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The Supreme Court of the District of Columbia consists of *54...
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delivered the opinion of the court. This is an appeal from a decree of the Court of Claims in favor of the appellee in a suit brought by him under the act of , August 8, 1882, ch. 480, to recover the amount necessary to make up his lawful share of the prize money awarded for the capture of the. rebel ram Albemarle. Thé facts of the case, as appearing in the findings and judgment of the Cou...
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delivered the opinion of the court. He recited the facts as above stated, and continued: The right of the people of a State to prescribe generally by its constitution and laws the terms upon which a foreign corporation shall be allowed to carry on its business in the State, has been settled by this court. Bank of Augusta v. Earle, 13 Pet. 519; Paul v. ...
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delivered the opinion of the court. This suit was brought to foreclose certain mortgages given to secure bonds issued by the Indianapolis and St. Louis Railroad Company. A final decree of foreclosure having been passed, the mortgaged .property was sold, and the sale was *712 confirmed by the court. The United States intervened by petition, and asked that certain sums, alleged ...
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after stating the foregoing facts, delivered the opinion of the court: In reference to amendments of equity pleadings the courts have found it impracticable to lay down a rule that would govern all cases. Their allowance must, at every stage of the cause, rest in the discretion of the court; and that discretion must depend largely on the special circumstances of each case. It may be said, ...
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after making the foregoing statement of facts, delivered the opinion of the court. The ordinance- of the Board of Supervisors of the city and county of San Francisco, the legislative authority of that municipality, approved on the 25th of June, 1883, is similar in its main features to the ordinance under consideration at this term in Barbier v. Connolly, ante, page 27. It differs in the desig...
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delivered the opinion of the court. The following facts are either conceded by both parties or fully established by the evidence : On the 29th of May, 1873, Joseph Daniels bought of John E. Carter certain parts of lots 1 and 24, in square 514, of the city of Washington, for which he paid $4,000 cash in hand, and gave his three promissory notes for $4,000 each, payable respectively in one, two...
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delivered the opinion of the court. This is the second time a motion has been made to dismiss the case of Davies v. Corbin. The ground of the present- motion is that the security required by § 1000 Rev. Stát. has never been given. Against this it is shown that a supersedeas bond was accepted by the judge who signed the citation on the 8th of April, 1884. The judgment brought under review by...
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delivered the opinion of the court. This is a writ of error to reverse a judgment of the Supreme Court of Nebraska on< the single ground that the Supreme Court decided tha^ the District Court of Lancaster County had jurisdiction to proceed with the suit after a petition for the re *743 moval thereof to the Circuit Court of the United States had been made and filed in the Distr...
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113 U.S. 684 5 S.Ct. 695 28 L.Ed. 1152 FOURTH NAT. BANK OF ST. LOUISv.STOUT and others.1 March 16, 1885. This was a suit in equity, begun by Stout, Mills & Co., judgment creditors of the Yeager Milling Company, to recover from the Fourth National Bank their pro rata share of certain property of the debtor company which was in the hands of the bank. The bank claimed a...
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delivered the opinion of the court. He recited the facts in the foregoing language, and continued: The motion is granted on the authority of Seaver v. Bigelows, 5 Wall. 208, and Schwed v. Smith, 106 U. S. 188. The appellees have separate and distinct decrees in their favor depending on separate and distinct claims. If none of the other creditors had intervened, and the decree had been rendered in'...
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