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Opinions in l-ed Volume 34

after stating the case as above, delivered the opinion of the court. If it be true, as stated in the order of the court discharging the prisoner, that he was held “ in custody for an act done in pursuance of a law of the United States, and in custody in violation of the Constitution and laws of the United States,” there does not seem to be any doubt that, under the statute on that subject, he was ...
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135 U.S. 167 (1890) MACKALL v. MACKALL. No. 159. Supreme Court of United States. Argued April 1, 2, 1890. Decided April 21, 1890. APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. *168 Mr. S.S. Henkle (with whom was Mr. R.M. Newton on the brief) for appellants. Mr. Jeremiah M. Wilson and Mr. J.S.C. Blackburn for Brooke Mackall, appellee. Mr. W. Willoughby filed a brief for same. Mr. Robe...
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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. Northern District of‘Illinois, on the 11th of. December, 1882, by the' Commercial Manufacture ing Company,. Consolidated, a New York corporation, and The National Dairy Company, an Ohio corporation, against the Fairbank Canning Company, an Illinois corporation, for the infrin...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the Western District of Louisiana, by *196 Robert N. Smith, Elizabeth A. Smith (wife of Marine Duval, joined, authorized and assisted by her husband), William L. Smith, Elizabeth W. Smith, (widow of James F. Smith,) citizens of Kentucky, and John S. Smith, a citi...
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delivered the opinion of the court. The relator, Charles B. Miller, applied for a peremptory mandamus against the respondent', Green B. Baum, Commissioner of Pensions, to command him to reissue the relator’s pension certificate, with the rates of . $25 per month from June 6, 1866; $31.25 per month from June 4, 1872;. $50 per month •from June 4, 1874; and $72 per month from June 17, 1878 ; . and...
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delivered the opinion of the court. ' ■ This is an original application to this court for a writ of habeas corpus. ■ Leave to file the petition having been given, a rule was granted against the warden of the State Penitentiary at Columbus, Ohio,.in which the petitioner was imprisoned, requiring;him to show cause why the writ should not be *264 issued. The return to that rule shows that the ...
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delivered the opinion of the court. In. 1885 Meyer & Dickinson were merchants in the city of Philadelphia, and John F. Hartranft was collector of customs for that district. .They imported various lots of matelassé cloth. This cloth was composed partly of silk, partly of cotton and partly of wool, silk being the component material of chief value, and the proportion in value of wo...
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delivered the opinion of the court. These are' writs of error from the same judgment. The action wasibrought by the United States, October 15, 1883, to recover from John D. Sanborn the sum of $7334, on account of.moneys alleged to have been received by him from the government without authority of law and without . right thereto,, with interest on that sum from August 16, 1873. A jury was waived...
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delivered the opinion of the court. This was an indictment on the act of Congress of July 12, 1876, chapter 186, found and returned in the District Court, and remitted, pursuant to section 1037 of the Revised Statutes, to the court below, charging that on the twenty-fifth day of January, 1876, at North Attleborough, in the District of Massachusetts, “ Leslie G-. Chase did unlawfully and knowing...
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delivered the opinion of the court. On' March 31, 1883, the plaintiff in error, who had been for years theretofore a lieutenant of-the police force of the District of Columbia, was removed from office by the commissioners of the District. ' This removal was without any written charges preferred against him, or any notice or hearing. Challenging the validity of such, remo val, he brought his act...
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after stating the casé, delivered the opinion of the court. This case falls within the familiar rule that the .application of an old process, or machine or apparatus to a similar, or ...
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delivered the opinion of the court. On the 3d of'May, 1854, one Carrie executed and delivered to Elijah D. Robertson, a white man, a warranty deed of a'lot of land in Augusta, Georgia, 82 feet 6 inches in width by 200 feet in depth. Thé consideration expressed in the deed was $600, and it conveyed to Robertson, his heirs and assigns, forever, the lot in question, in trust, nevertheless, to...
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after stating the case, delivered' . the opinion of the court. *108The power vested in Congress “ to regulate commerce with foreign nations, and among the several States, and with the Indian tribes,” is the power to prescribe the rule by which that commerce is to be governed, and is a power complete in itself, acknowledging no limitations other tb.an those prescribed in the Constitution. It is co-...
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delivered the opinion of the court. . Under the statute in question, which is entitled “ An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous or intoxicating liquors and malt, brewed *166 or fermented liquors or vinous liquors in this State, and to repeal all acts or parts of ...
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delivered the opinion of the court. *235 It will be perceived that the decree did not identify the particular property to be delivered nor specify the amount of money to be paid or collected. The court had found that Lodge and Beaumont had sold part of the Original property and realized therefrom about twenty-five hundred dollars, but the exact amount was not determined by the dec...
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135 U.S. 286 (1890) IRON SILVER MINING COMPANY v. CAMPBELL. No. 22. Supreme Court of United States. Argued March 25, 26, 1890. Decided April 28, 1890. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. *287 Mr. Ashley Pond and Mr. L.S. Dixon for plaintiff in error. Mr. T.M. Patterson (with whom was Mr. C.S. Thomas on the brief) for defendants in error. MR. JUSTICE MILLE...
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delivered the opinion of the court. This is an action .in the nature of ejectment. It was brought by the plaintiff in- error, December 24, 1879, to recover from the defendant in error the possession of a tract of land in Henderson County, Illinois, containing ten acres more or less, and.upon whiph was a distillery. The plea was, not guilty of unlawfully withholding the. premises described ...
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deliyéred the opinion of the court. This is a suit in equity, brought January 29, 1879, in' the' Circuit Court of the ITmted States for the District of Massachusetts, by the Yalef Lock Manufacturing Company, a Con■necticut corporation, and James Sargent and Halbert S. Greenleaf, composing the firm of Sargent & Greenleaf, against the Berkshire National Bank, a national banking co...
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delivered the opinion of the court. The special master reported that there was no sufficient evidence to establish misconduct or negligence upon the part either of the plaintiffs or of the defendants. This report having beeh confirmed, it is assigned for error «that the court below did not dismiss the bill; and, that if a case was made for the dissolution of the partnership, it was error t...
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delivered the opinion of the court. Rich and others, the appellees, owned a tract of wild land in Upshur County, West Yirginia, the exterior boundaries of which are supposed to contain 100,000 acres, and it was assessed for taxation ,for the year 1883 as containing 100,000' acres, at four dollars per acre. The owners, considering this assessment too high, applied to the county court of Ups...
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delivered the opinion of the court. On August 2, 1883, Evan Randolph, the testator of complainants, filed his bill in equity in the Circuit Court of the United States for the District of Rhode Island, for the purpose of establishing his title to 4022 shares of the capital stock of the Quidnick Company, claiming to have purchased these shares on execution sales in March, 1883, for $275. The...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court for the Eastern District of Louisiana. Weiler v. Dreyfus, 26 Fed. Rep. 824. The facts are these:,On October 30, 1883, appellants, creditors of Joseph Dreyfus, commenced an action at law against their debtor, to recover the sum of' $19,000; and sequestered certain goods in.the warehouse of Me...
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delivered tbe opinion of the court. On June 8, 1883, two judgments were rendered in the Circuit Court .of the United States for the Northern District-of Texas, in favor of Sam. -H.-Milliken and- against the Société Fonciére et Agricole des États Unis. On August 7, 1883, September 4, 1883, and. April 1, 1884, a large number of lots ánd a body of lands, were sold in satisfaction of an execution...
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after stating the case as above, delivered the opinion of the court. . This action is brought by a mortgagee against the executrix of the grantee nanqed in, and who has accepted, a deed executed by the mortgagor only, expressed to be “ subject to the mortgage,” and by the terms of which .the grantee “ assumes and Covenants to pay, satisfy and discharge” the mortgage debt. After issue joine...
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delivered the opinion of the court. This, is an action at law, brought in the Circuit Court of the United States-for the Eastern District of Missouri, by Herman Eoyer against The Schultz Belting Company, a Missouri corporation, for the infringement-of letters patent No. 77,920', granted May 12, 1868, to Herman Eoyer and Louis Eoyer, as inventors, for “ an improved machine for treating raw hide....
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after stating the case, delivered the opinion of the court: The contention of plaintiff in error seems to be that the right to remove the suit into the Circuit Court of the United States for the District of Minnesota, under the act of March 3, 1875, was specialty set up or claimed by it; that the decision was against the right so set up or claimed; and that, therefore, this court has jurisdicti...
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delivered the opinion of the court. This is a petition by Charles’ Mason Lane, addressed to the original jurisdiction of this court, for a writ of habeas corpus. Upon the filing of the petition a rule was issued upon .Charles Ii. Case, warden of the penitentiary of the State of Kansas, who, it was alleged, held the petitioner in unlawful imprisonment. Case made a return to this rule, in which...
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delivered the opinion of the court. The judicial power of the United States extends to “áll cases affecting ambassadors, other public ministers, and consuls.” Const. Art. III, sec. 2. By section 687 of the Revised Statutes, it is provided that the Supreme Court “ shall hate exclusively all such jurisdiction of. suits or proceedings against ambassadors, or other. public ministers, or t...
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after stating the case as above, delivered the opinion of the court. The law of the State of New York, as declared by the Court of Appeals, appears to be as follows: An elevated railroad erected in and over a street pursuant to the statutes of the State, and with due compensation to the owners of property taken for the purpose, is a lawful structure. The owners of lands abutting on a ...
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after making the foregoing statement, delivered the opinion of. the court. A motion was" filed in this case to dismiss the writ of error on the ground that the general term of the court below never acquired jurisdiction-of the case, and that, as a consequence thereof, this court is also without jurisdiction. In-connection with, the motion to dismiss there was also a motion to strike out th...
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delivered the opinion of the court. This is an appeal ftíbm a decree of the Circuit Court of the United States for the Southern District of Iowa, dismissing the intervention by appellant in a large and more important suit involving the sale of a railroad owned by the Des Moines and Northwestern Railway Company. As the petition of intervention is the first paper found in the record of the c...
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delivered the. opinion of the court. John Churchill held title to certain lands in Mississippi, as trustee for Mary M. Clark, whose husband, M. L. Clark, in 1881, employed J. H. D. Bowmar, of Yicksburg, to sell the property, which he did, to A. B. Pittman, also a resident of that city, and on the 16th of March, 1882, Churchill as trustee, and Mr. and Mrs. Clark, all residing in Louisville,...
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delivered the opinion of the court, . This- is an appeal from the Circuit Court of the United States for the Western District of Louisiana, dismissing the bill filed by appellants, complainants below. The facts are these: ' . . . Complainants are the heirs at law of W. D. King, who diets intestate in the State of Louisiana, September 5, 1877. Upon his death and on October 6, 1877, Ben...
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having stated the* case as above reported, delivered the opinion of the 'court. The first instruction virtually took the case from the jury, although it appears that, on a prayer by the defendant: to the *520 court to instruct the jury that- the plaintiff had offered no evidence legally sufficient to entitle him to recover, and that their verdict must be for the defendant, the...
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delivered the opinion of the court. This was an action at law brought in the court below by the United States against Luke Yoorhees, to recover the sum of $14,342.52, alleged to have been illegally paid him for carrying the mails. The amended petition, filed on the 13th of July, 1006, alleged substantially as follows: In the year 1878, a contract was entered into .between the Postmaster Gener...
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delivered the opinion of the court. On.November 19, 1883, the defendant in error, while walking on Church Street, in’the city of Detroit, was thrown to the ground and received severe personal injuries in consequence of a defect in the sidewalk. For these injuries she, as a citizen of Ohio, brought her action in the Circuit Court of the United States against the city, and-recovered a verdict and...
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after stating the case as above reported, delivered the opinion of the court. The writ of error is dated the 13th of December, 1886, and was allowed by the district judge, but the allowance bears, no date. The writ bears, the mark of having been filed in the office of the clerk of the Circuit Court on the 13th of December, 1886. The citation bears date the 13th of December, 1886, and. is m...
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after stating the case as above reported, delivered the opinion of the court. Circuit Courts, in deciding causes of admiralty and maritime jurisdiction on the instance side of the court, are required to find the facts and the conclusions of law upon which their judgments and decrees are rendered, stating them separately; and we are limited, in reviewing such judgments and decrees, to a det...
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delivered the opinion of the court. On December 16, 1876, the parties hereto entered into the following contract; “This agreement-made and entered into on this 16th day of December, by and between Joseph Anderson and Hannah Anderson, his wife, of the county of Adams and the State of Nebraska parties of the first part, and Levi Carkins of Adams County, Nebraska, party of the second part, witne...
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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 Ohio, by William' *523 Robinson, in behalf of himself and all the other holders of the second mortgage or income bonds of The Iron Railroad Com: pany, who desire to come in and aid in the prosecution of the suit, and to contribute to the expenses ther...
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after stating the case as above reported, delivered the opinion of the court. Upon the face of the bill, of which the transfer to the complainants' formed a part, we think the latter could maintain the suit if a cause of action existed, and we assume that the demurrer was sustained and the bill dismissed as tiie result of the application of the statute of limitations or t-he doctrine of la...
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delivered the opinion of the court. Nine exceptions were taken in the progress'of the trial, and error is assigned in the giving of each one of the instructions which are shown in the first, second, third, fourth, fifth, sixth, seventh and eighth exceptions, and also in the refusal.of the *592 court to give an instruction, asked for by the plaintiff, as shown in the ninth exception. The first...
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delivered the opinion of the court. This is an appeal from a decree of the District Court of the United States for the Western District of Arkansas. The litigation between the parties arises out of an act of Congress, approved July 4, 1884, entitled “ An act to grant the right of way through the Indian Territory to the Southern Kansas Railway Company, and for other- purposes.” 23 Stat. 73....
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on behalf of the court, prefaced the cases in detail, by a general review of the previous action of the court in this matter. lie said ; These cases, like the Virginia Coupon Cases, decided in April, 1885, and reported in 114 U. S. 269, and like Barry v. Edmunds and other cases argued at the same time, decided in February, 1886, and reported in 110 U. S. 55...
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delivered the opinion of the court. This is a controversy between the State of Indiana and the State of Kentucky growing out of their respective claims to the possession of and jurisdiction over a tract of land nearly five miles in length and over half a mile in width, embracing about two thousand acres, lying on what is now the north side of the- Ohio River. Kentucky alleges that when she be...
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after stating the case as above, delivered the opinion of the court. This is an action brought in this court by the United States against-the State of North Carolina upon bonds issued by the State and held by .the United States. By the case stated, it appears that the' State, some time after the. maturity of the bonds, paid the principal, together with interest thereon to the time when the...
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after stating the case as above, delivered the opinion of thé court. The claim of each plaintiff being for less than-$5000, and the amount in dispute, therefore, insufficient to give this court jurisdiction of the whole case, our jurisdiction is confined to. answering’ the questions of law presented by the certificate of division of’ opinion between the judges before whom the case was hear...
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after stating the case as above, delivered the opinion of the court. The claim of the plaintiff company, being for less than $5000, is insufficient to give this court jurisdiction, and the appeal must therefore be dismissed as to that company. Stewart v. Dunham, 115 U. S. 61; Gibson v. Shufeldt, 122 U. S. 27. But the claim of W. & ...
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after stating the.case in the opinion of the court as above reported, continued: Are the writings in suit to be regarded as promissory notes to be protected, in the hands of bona fide holders for value, according to the rules of general mercantile law as applicable to negotiable instruments, or are they anything more than simple contracts subject, in the hands of transferees, to...
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delivered the opinion of the court. This is an action at law brought in the Circuit Court of Garlan'd County, Arkansas, at its February term, 1883, by Curnel S. Williamson and Fannie-G. Williamson, his wife, against the Hot Springs Railroad Company, a corporation organized • under the laws of that State, to recover damages *122 for alleged injuries done to certain described real estate belong...
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delivered the opinion of the court. This suit Was originally commenced in the Civil District Court for the parish of Orleans, Louisiana, by petition filed by John M. B. Reynolds against John Adden, to restrain him from further prosecuting two certain suits in the same court, or proceeding upon execution therein, and to have the same declared illegal and void. The suits referred to had been...
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delivered, the opinion of the court. This is a suit in equity to compel the defendant, the Boston and Lowell Railroad Corporation, to account for various sums of money alleged to have been received by it and- used for its benefit, to which the' complainant was entitled, and also to charge the defendant Iiosford personally with the amount diverted by him to that corporation. The controversy...
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delivered the opinion of the court. This is a suit in equity, in the nature of an hypothecary action, under the Civil Code of Louisiana, brought in the court below by George D. Cragin, a citizen of New York, against William S. Lovell, a citizen of Mississippi, and Orlando P. Fisk, a citizen of Michigan. Its object was to have a lien declared in favor of the complainant, upon certain real p...
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delivered the opinion of the court. These cases were argued and are considered together, the questions involved being similar, and growing out of the same foreclosure suits. In a general way it may be stated that they arise between á purchaser at foreclosure sales of certain railroad property and intervening creditors. The initial question is as to the right of appellant, the purchaser, to...
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after stating the ease, delivered the ■ opinion of the court. As regards the appeal of the railway company, two principal questions are presented. The first of these is, was there a valid contract that the corporation should not only establish its eastern terminus at Marshall City and put up there,the depot buildings and machine shops, car works, etc., included in the contract, but should ...
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alter stating the case as above reported, ■delivered the opinion of the court. There are three assignments of error which are reducible .to the single proposition that the order under which the plaintiff in error was convicted is repugnant to clause 3 of section 8, article 1, of the Constitution of the,. United States, commonly known as the “ commerce clause ” of the Constitutio...
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delivered the opinion of the court. The 16th section of an act of the legislature of the Commonwealth of Pennsylvania, approved June 7, 1879, provides as follows: “ That from and after the first day of July, Anno Domini one thousand eight hundred and seventy-nine, no foreign corporation, except foreign insurance companies, which does not invest and use its capital in this Commonwealth...
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after stating the case, delivered the opinion of the court. In Liverpool Steam Co. v. Phenix Insurance Co., 129 U. S. 397, 438, it is said: “ Collision or stranding is, doubtless, a peril of the seas; and a policy of insurance against perils of the seas covers a loss by stranding or collision, although arising from the negligence of the master or crew, because the ins...
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delivered the opinion of the court. This suit was brought, July 10, 1885, by the appellant, who is the receiver in the casé of Holladay v. Holladay in the Circuit Court of the county of Multnomah, in the State of Oregon. He seeks a decree reforming a policy of insurance issued by the Phenix Insurance Company of Brooklyn, New York, on the 21st day of April, 1884, and w...
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delivered the opinion of the court. This suit involves the title to certain lands in Arkansas, which the appellee, a married woman; claims to constitute her separate estate, and, as such, not liable for the debts of her husband, James M. Hanks. By the laws of Arkansas.in force when the appellee and her husband were married, (Rev. Stat. Ark. 1858; Gould’s Dig. 765, c. Ill,) it was prov...
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after stating the case as above, delivered the opinion of the court. The conditions of the policy in suit clearly and unequivocally manifest the intention and agreement of the parties to the contract of insurance that any difference arising between them as to the amount of loss or damage of the property insured shall be submitted,’ at the request in writing of either party, to.the appraisa...
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delivered the opinion of the court. This is an appeal from the Circuit Court of the United States for the District of California. The plaintiff, Samuel Norris, who is appellant here, brought his suit in the Superior Court of the county of Sacramento, against James B. Ilaggin and Lloyd Tevis, by way of a bill in chancery. The bill gives a very lengthy account of what the plaintiff calls a “ frau...
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having stated the case as above . reported, delivered the opinion of the court. The questions for consideration here fall within a narrow compass, for they can embrace only federal questions.. The Court of Appeals, in its opinion, discussed only two questions, (1) whether Cornell University had power to take and hold property of the value of'more than $3,000,000 ; and (2) if it had no such power, ...
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after stating the-facts, as above reported, delivered the opinion of the court. No question is made in this case, as in view of the decisions of this court and the statutes of Michigan there could not properly be, in respect to the right of the United States, by purchase, to acquire the premises in dispute for the purposes of fortification and garrison expressed .in the act of Juty 8, 1886...
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delivered’ the opinion of the court. Henry E. Barber, the appellee, was convicted before a justice of the peace in Bamsey County, Minnesota,. of ’ the offence of having wrongfully and unlawfully offered and ' exposed for sale, and of having sold, for human food, one hundred pounds of fresh un cured beef, part of an animal • slaughtered in the State of Illinois, but which had not been inspe...
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delivered the opinion of the court. This is an appeal by William J. Stevens from an order of the Circuit Court of the United States for the District of *469 Massachusetts, refusing to discharge him from custody on a writ of habeas corpus. The following are the material facts: William G-. Fuller having recovered a judgment against Stevens, in the Circuit Court of the United States for the Di...
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delivered the opinion of the court. By section 12, of Article II, of the convention between the United States and the kingdom of Spain, for the extradition of criminals, concluded January 5, 1877, and proclaimed February 21, 1877, (19 Stat. 650,) it was provided, that persons should be delivered up according to the provisions of the convention, who should have been charged with, or convicted of...
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delivered the'opinion of the court. This is an action on contract brought in the Circuit Court of the United States for the Eastern District of Louisiana, by Simon Bloch, a subject of the Emperor of Germany, against Bertrand Saloy, a citizen of Louisiana, to recover the sum of $6266.23, with interest and costs, alleged to be due from Saloy to the plaintiff. In his petition the plaintiff avers...
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delivered the opinion of the court. Early in the evening of December 6,1881, the defendant in error, while passing on the sidewalk near the north entrance *451 of the Biggs House on G Street, in the city of Washington, fell into a hole, whereby he sustained personal injuries of a serious charactei’. Claiming that the sidewalk was. not in a safe condition for use by the public,...
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after stating the case, delivered the ■opinion of the court. The principal questions raised are, first, as to the power of Congress to repeal the charter of the Church of Jesus Christ of' Latter-Day Saints; and, secondly, as to the power of Congress and the courts to seize the property of said corporation and to hold the same for the purposes mentioned in the' decree. The power of Con...
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delivered the opinion of the court. This is an application by Thomas E. Burrus to this cpurt, in the exercise of its original jurisdiction, for a writ of habeascorpus to relieve him from the custody and unlawful'imprisonment, as he declares, in which he is held by Brad. D. Slaughter, United States marshal of the. State of Nebraska, in the jail at’ Omaha in said State, by virtue ...
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after stating the case as above, delivered the opinion of the court. Upon the record before us, thé final order dismissing the writ of habeas corpus, and remanding the prisoner to the custody of the marshal, appears to have been a decision of the • Circuit Court at a stated term, and therefore clearly subject to an appeal, to this court, under the act of March 3, 1885, c. 353.' ...
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delivered the opinion of the' court: .This is an application for a writ of error to bring up for .review a judgment of the Supreme Court of the State of New York, affirming an order of the county judge of Cayuga County, remanding the relator to the custody of the warden of the .State Prison at Auburn, upon a hearing upon habeas corpus. The judgment of the Supreme Court was enter...
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after stating the case as above, delivered the opinion of the court. The question presented by the claims made in the bill and answer, and by the arguments of counsel, is whether the two hundred and eighty new shares of stock in the Washington Gaslight Company are to be treated as dividends, to the whole or part of the principal of which the plaintiff is entitled under the will, or are to ...
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after stating the case as above, delivered the opinion of the court. In the consideration and decision of this case, we have been greatly aided by the able and exhaustive opinions delivered in the court below. The principal question is whether the orphans’ court, with the approval of the Circuit Court of the United States of the District of Columbia sitting in chancery, had jurisdicti...
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136 U.S. 572 (1890) INLAND AND SEABOARD COASTING COMPANY v. TOLSON. No. 532. Supreme Court of United States. Submitted December 23, 1889. Decided January 6, 1890. ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. *578 Mr. Nathaniel Wilson for plaintiff in error. Mr. Arthur A. Birney and Mr. Charles C. Cole for defendant in error. PER CURIAM. (January 6, 1890): The motion to rescind the judg...
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(January 6, 1890): The motion to rescind the judgment of dismissal, entered November 4, 1889; to restore the cause to the docket; and to amend the writ of error herein by inserting therein, as plaintiffs in error, the names of Henry A. Willard, John W. Thompson, Samuel Norment and J. H. Baxter is Grcmted and case returned to the docket. ...
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The judgment of the court below is Reversed with costs, on the authority of the decision of this court in the case of Hartranft v. Oliver, (No. 190 of October term, 1887), 125 U. S. 525, and the cause is rem,amded with directions to^enter judgment for the flavntiffs. ...
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It is conceded by counsel for plaintiff in error that this case is governed by Wright v. Roseberry, 121 U. S. 488, and the judgment is, therefore, upon the authority of that case, Affirmed. ...
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(May 19,1890): The motion for leave to amend the writ of error, citation and bond ih this canse is denied, and the writ of error is Dismissed: ...
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The judgment in this case is affirmed on the authority of Glenn v. Fant, 134 U. S. 398 ; Raimond v. Terrebonne Parish, 132 U. S. 192; Andes v. Slauson, 130 U. S. 435; and Bond v. Dustin, 112 U. S. 604, and cases cited. Affirmed. ...
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Petitioner alleges that he is detained by the United States marshal for the Southern District of New York, by virtue of an order purporting to be an order of the Circuit Court of the United States for the District of Colorado. The motion for leave to file a petition for the writ of habeas corpus is denied upon the authority of Ex parte Mirzan, 119 U. S. 584, and cases cited. Denied. ...
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after stating the case as above reported, delivered the opinion of the court. The only questions .presented to us by the counsel for the libellants for consideration are as to what constitutes a deviation from the voyage, and what a custom or usage binding upon the libellants. No question of fact is open, because we are concluded by the facts found by the Circuit Court. The Gazelle, 128 U. S....
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This is an appeal from the decree of the Supreme Court of the District of Columbia dismissing the bill of *63 complaint filed by appellant therein, the object of the bill having been to restrain the defendants from selling, or attempting to sell, certain property of complainant, on account of certain assessments for street improvements, and also to cancel and annul two tax lien certificates the...
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after stating the case as above reported, delivered the opinion of the court. The suspender-end of the appellant’s patent is a button-loop of flat cord or strip of fibrous material “ bent edgewise upon itself and sewed together at the meeting edges, leaving an opening for the button-hole at the bend,” as described in the instance of cloak-button loops made of flat braid. It appears from the' ...
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delivered the opinion of the court. This action was commenced by plaintiff in error in a State court, and removed to the Circuit Court of the United States for the Eastern District of Missouri upon petition of the defendant, on the ground that the plaintiff was an alien and citizen of France and the defendant a citizen of Missouri. The existence of such diverse citizenship at the commencement o...
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137 U.S. 61 11 S.Ct. 5 34 L.Ed. 573 LA CONFIANCE COMPAGNIE D' ASSURANCE CONTRE L' INCENDIEv.HALL. November 3, 1890. John J. McCook and Chas. B. Alexander, for plaintiff in error. Given Campbell, for defendant in error. FULLER, C. J. 1 This action was commenced by plaintiff in error in a state court, and removed to the circuit court of th...
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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 Northern District of Illinois, by Simon Florsheim and Thomas H. Ball against Gustav Schilling, for the alleged infringement' of letters patent Nos. 238,100 and 238,101, the first of which was for an “improvement in corsets,” and the second for an “improvement in elastic go...
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after stating the facts, delivered the opinion of the court. The plaintiff contended in the court below, and renews the contention here, that the. plea of justification interposed by *46 the defendant for the acts complained of, the seizure and sale of the -property, having been stricken out, he is left defenceless in the action. That such would be the effect of the ruling if the declaration ...
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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 Northern District of Illinois, March 28, 1883, by Theodore H. Butler, George W. Earhart and William M. Crawford against George Steckel and Frederick Steckel, to recover for the infringement of letters patent No. 274,264, granted to the plaintiffs March 20, 1883, on an app...
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This is an action for damages brought by plaintiff in error against defendant in error for wrongfully ejecting her from one of its passenger trains, and resulted in a verdict and judgment in favor of defendant in error. In regard to motions for new trial and bills of exceptions, courts of the United States are independent of any statute or *61 practice prevailing in the courts...
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after stating the case as above reported, delivered the opinion of the court. The question discussed in the opinions of Judge Brown and Judge Wallace, and presented to us for decision, is whether *8 the libellant was debarred from the recovery of any sum .of 'money, by reason of the fact that his own negligence contributed to the accident, although there was negligence also in...
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delivered the opinion of the court. This is an.appeal from a judgment of the Court of Claims, dismissing the petition of John G. Williams, administrator de bonis non of Francis Taylor, against the United States. The original petition was filed by George Taylor Jenkins and others, December 8, 1865. After a-traverse-and an-amended petition, an answer was filed to the latter, ...
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137 U.S. 95 (1890) SEEBERGER v. CAHN. No. 47. Supreme Court of United States. Argued November 3, 1890. Decided November 17, 1890. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. *96 Mr. Assistant Attorney General Maury for plaintiff in error. Mr. Edwin B. Smith, (with whom was Mr. Charles Curie on the brief) for defendants in error. MR. JUSTICE GRAY, after s...
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delivered the opinion of the court. This is the second time this case has béen to this court. It came first on demurrer to the bill, and the-decision is reported in 111 U. S. 276. The demurrer, which had been sustained in the Circuit Court, was overruled by this, and the case remanded with instructions to permit answer and proceed to' proof. Obediently thereto answer was filed in the Circuit Co...
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delivered the opinion, of the court. Prior to the act of March 3, 1875, there could be no appeal or writ of error from an order of a Circuit Court remanding a suit, which had been removed, because such an order was not a final judgment or decree in the sense which authorized an appeal or writ of error. Railroad Co. v. Wiswall, 23 Wall. 507. But it was provided by that...
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delivered the opinion of the court. *146 Assuming, as we must do, the total value to have been $6057, the matter in dispute in this court is the' difference-between that value and the decree, namely, $3028.50. ¥e-have, therefore, no jurisdiction. Dows v. Johnson, 110 U. S. 223. On the argument it was urged with much earnestness-on behalf of appellants, that it is within our power, upon th...
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after stating the case as above reported, delivered the opinion of the court. I was conceded by the District and the Supreme Courts that the service upon the defendant in St. Louis was a nullity, and gave the District Court no jurisdiction; but it was held that, under the peculiar statutes of the State of Texas, the appearance for the purpose of pleading to the jurisdiction was a voluntary...
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after stating the facts as above reported, delivered the opinion of the court. It may be assumed, for the purposes of the present case, that upon the tender to Chittenden’s agent, on the 27th of June, 1882,.of the full amount Bacon had agreed to pay for the lands in controversy,- Hennessy, as the assignee of Bacon, became entitled to a sufficient deed of general warranty from Chittenden; and th...
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Fuller delivered the opinion of the court. It is contended that the Circuit Court should have refused to proceed with the action if it appeared to its satisfaction that the service upon the defendant was obtained by means of a fraudulent device and trick; and that this question was presented by the plea to the jurisdiction, the motion for a non-suit, the motion to dismiss, and a -request, ...
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after stating the case as above, delivered the opinion of the court. The decision of the Supreme Court of Louisiana was not against the validity of a treaty or statute of, or an authority exercised under, the United States, nor in favor of the validity of a statute of, or an authority exercised under, any State, drawn in question on the ground of repugnancy to the Constitution, treaties or...
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after stating the case as above reported, delivered the opinion of the court. The fourth plea is based upon section 7 of the act of March 3, 1839, c. 88, (in force when the patents were granted,) providing that “every person or corporation, who has or shall have purchased or constructed any newly invented machine, manufacture or composition of matter, prior to the application by the i...
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after stating the case as above, delivered the opinion of the court. It is undoubtedly true that it is the right of every citizen of the United States to pursue any lawful trade or business, under such restrictions as are imposed.upon all persons of' the same age, sex and condition. But the possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by...
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after stating the ease as above reported, delivered the opinion of the court. The objection that the Farmers’ Company could not proceed to a foreclosure and sale to pay the principal as well as the interest of the bonds upon a default in the payment of interest, without averring and proving that the bill had been filed for that purpose by the request of the holders of seventy-five per cent...
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delivered the opinion of the court. John Grimley, the appellee, was, on the 28th day of May, 1888, found guilty by a court-martial of the crime of desertion, and sentenced to be imprisoned six months. While serving out this sentence at Fort Warren, Massachusetts, he sued out *150 a writ of habeas corpus from the District Court of the United States for the District o...
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delivered the opinion of the court. The patents in question were based upon entries made under sections 2347, 2348, 2350 and 2352 of the Revised Statutes, which embody substantially provisions in an act of Congress approved March 3, 1873, entitled “An act to provide for the Sale of the Lands of the United. States containing Coal.” 17 Stat. 607-8, c. 279. These sections are as fo...
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delivered the opinion of the court. This case, appealed from the Circuit Court for the Eastern District of Missouri, presents, like that of Grimley, Petitioner, just decided, a question arising on habeas corpus as to the right of the petitioner, an enlisted soldier, "to be discharged from military custody. An effort was" made to bring this case here by writ of error; ...
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after stating the case, delivered the opinion of the court. Leaf tobacco consists of three classes, “ wrappers,” “ fillers,” and “binders.” “Wrappers” are leaves suitable for the outside finish of a cigar. “ Fillers ” are leaves that make up the main body of the cigar;, and “ binders” are the secondary or inside wrapper, and hold together the loose material which constitutes the filling. Prior ...
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after stating the case as above reported, delivered the opinion of the court. There seems to be no dispute as to any material fact in the case. The note and chattel mortgage sued upon were executed on the 14th of January, 1885, recorded on the 17th of the same month, and became due on the 14th of May, 1885. The action for foreclosure was commenced and the notice of pendency properly recorded wi...
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delivered the opinion of the court. This was a bill exhibited by John Dobson, James Dobson and James Greaves against James Lees and others, for infringement of reissued letters patent No. 10,054, Division A, dated March Y, 1882, in the Circuit Court of the United States for the Eastern District of Pennsylvania, and upon hearing on pleadings and proofs dismissed by the court. The opinion will be...
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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 the Fourth National Bank of the city of New York, a national banking association, against the American Mills Company, (a New York corporation,) Albert J. Graeffe, Mary J. Graeffe, (his wife,) William H.. Garner, and William H. Bowen. Its objec...
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delivered the opinion of the court. The question upon this writ of error is, whether certain provisions of a statute of New York passed in 1885, and relating to sales of land in the city of Brooklyn for taxes, assessments and water rates, are repugnant to the Constitution of the United States. It arose upon a demurrer to the complaint filed by Wheeler against Jackson, as Registrar of Arrears of...
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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 Hamline Q. French against Oliver S. Carter, George Mark, and Milton H. St. John, to recover for the infringement of letters patent No. 244,224, granted to the plaintiff July 12, 1881, for an improvement in “roofs for vaults.” Issue was joined,...
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delivered the opinion of the court. This case presents the same questions that are disposed of in the above opinion. For the reasons therein stated the judgment is Affirmed. ...
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after stating the case, delivered the opinion of the court. The case presented by the foregoing facts is one not free from difficulties. The government has used .the invention of *346 Mr. Clark and has profited by such use. It was an invention of value. The claimant and appellant is the owner of such patent, and has never consented to its use by the gbvernment. From these facts, standing alon...
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after stating the case as above reported, delivered the opinion of the court. The Maryland Circuit Court arrived at its conclusion upon the ground that the statute of Pennsylvania relied on did not authorize the prothonotary of the Court of Common Pleas of that State to enter the judgment; and the Court of Appeals of Maryland reached the same result upon the ground that the judgment ivas v...
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delivered the opinion of the court. This is an action at law, brought by Clement A. Auffmordt, John F. Degener, William Degener and Adolph William von Kessler, composing the firm of C. A. Auffmordt & Co., against Edward L. Hedden, collector of the port of New York, in the Superior Court of the city of New York, and removed by the defendant into the Circuit Court of the United St...
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delivered the opinion of the court. The plaintiff in error desiring to construct its railroad through a tract of land belonging to the defendants in error, the same being a mining claim known as the Nipper Lode, situated in Silver Bow County, Montana Territory, took appropriate proceedings for the condemnation of a right of way. The appraisers assessed the damages at $1552. From such appra...
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after stating .the case as above reported, delivered the opinion of the court. The defendants below demurred upon two general grounds, one of which involved the construction of the provisions of the bankrupt act of March 2, 1867, and the other, the bar of the statutes of limitation of the State of Tennessee. So far as we are advised, no opinion was given by the Supreme Court of that State, upon...
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It having been reported to this Court that Emanuel H. Pavsner of New York, New York, has been suspended from the practice of law by the Supreme Court of New York, Appellate Division, First Judicial Department, for a period of three years effective March 27, 1972, and until further order of that court, and such order was duly entered March 30, 1972, and this Court by order of November 6, 1972 (ante...
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after stating the case as above reported, delivered the opinion of the court. It is contended for the steamer that she was not guilty of any neglect in going at the rate of speed found. Her full rate of speed was between thirteen and fourteen knots an hour. When she first overhauled the schooner her speed was between six and seven knots an hour, and she kept up the latter speed until she r...
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delivered the opinion of the court. This was an indictment, found in the District Court of the United States for the District of Maryland, and remitted to the ’Circuit Court under Rev. Stat. § 1039, alleging that Henry Jones, late of that district, on September 14, 1889, “at Navassa Island, a place which then and there was under the sole and exclusive jurisdiction of the United States, and...
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delivered the opinion of the court. As the matter in dispute does not reach the jurisdictional sum or value, it is contended that this court has jurisdiction to entertain the writ of error because “ the validity of an authority exercised under the United States” was drawn in question in the case. 23 Stat. 443, c. 355. The claim of the relator arises under the last clause of section 2 ...
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137 U.S. 355 11 S.Ct. 126 34 L.Ed. 703 CENTRAL NAT. BANKv.UNITED STATES. December 8, 1890. This action was brought in the district court of the United States for the southern district of New York to recover certain amounts alleged to be due the United States for taxes on 'profits' made and realized by the Central National Bank from its business for the years 1866, 1867, 1868, a...
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after stating the case as above, delivered the opinion of the court. This is a bill in equity by some, in behalf of all, of the creditors of a corporation, against the corporation and holders of stock therein. The bill is not founded upon any direct liability of the stockholders to the plaintiffs; but upon the theory that, the corporation being insolvent and having no other assets, the sums due...
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after stating the case as above, delivered the opinion of the court. This case resembles in some aspects that of Hamilton v. Liverpool, London & Globe Ins. Co., 136 U. S. 242, decided at the last term, but it is essentially different in important and controlling elements. In that case, the effect of the provisions of the policy, by reason of which it was held tha...
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delivered the opinion of the court. The petitioners were indicted under sections 5508 and 5509 of the Revised Statutes, on the 20th of November, 1890, in the Circuit Court for the Southern ‘District of Georgia, and have been taken into custody. They have not invoked the action of the Circuit Court upon the sufficiency of the indictment by a motion to quash or otherwise, but ask leave to file in...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the Eastern District of Wisconsin, on the 26th of September, 1885, by Sarah May against the county of Eond du Lac, a corporation of the State of Wisconsin, to recover damages for the infringement of letters patent No. 25,662, granted to Edwin May, October 4, 1859, for fourtee...
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delivered the opinion of the court. This was a suit in equity, brought by the Busell Trimmer Company; a New Hampshire corporation, and William D. Orcutt against Frank M. Stevens, Henry B. Cunningham and Samuel N. Corthell, for the alleged infringement of letters patent No. 238,303, issued to Orcutt, March 1, 1881, upon an application filed January 6,1879, for “ improvements in rotary cutte...
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delivered the opinion of the court. On the 2.5th day of May, 1887, a decree was rendered in the Circuit Court of the United States for the Northern District of Illinois, in favor of appellees and against appellant, for $26,585.90. That decree is challenged by this appeal. Two questions are presented; one of right, the other of jurisdic *414 'tion. Ought the bank to be compelle...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of. the United States for the Western District of Wisconsin, by Sarah *409 May against the county of Juneau, a corporation of the'State of Wisconsin, to recover damages for the infringement of letters patent No, 25,662, granted to Edwin May, October 4, 1859, and extended for seven years ...
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Motion papers should contain in themselves so much of the record as. to enable the court to act understandingly, and these are deficient in that regard. We have, however, examined the record, and the writ of error is dismissed upon the authority of Richmond & Danville Railroad v. Thouron et al., 134 U. S. 45. ...
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after stating the case, delivered the opinion of the court. This case comes before us on a motion to dismiss, united with a motion to affirm. Appellee contends that as he recovered for himself, as owner, only the sum of $2544.61, and for the owners of the cargo only the sum of $3023.04, the matter stands as though two separate suits had been brought, and that the amount in controversy in e...
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delivered the opinion of the court. By an indictment returned May 15, 1889, in the District Court of Bedwood County, Minnesota, Clifton Holden was charged with the crime of murder in the first degree, committed in that county on the 23d day of November, 1888. Having been found guilty, and a motion for a new trial having been overruled, he prosecuted an appeal to the Supreme Court of the State. ...
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delivered the opinion of the court. This is a petition of the Pennsylvania Company, a corporation and a citizen of Pennsylvania, for a mandamus- to be directed to the judges of the Circuit Court of the United States for the District of Connecticut, commanding them to *452 reinstate, take jurisdiction of and try and adjudge a certain suit of one Alberto T. Boraback, a citizen o...
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delivered the opinion of the court. This is a suit in equity brought upon a patent for a design by the New York Belting and Packing Company, assignee of *446 George Woffenden, against the New Jersey Oar Spring and Rubber Company. The bill was dismissed upon demurrer, and the case is here on appeal from that decree. The ground for dismissing the bill, as stated by the circuit judge in his opin...
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Mr. Daniel Davenport and Mr. William H. O’Hara for the petitioner. Mr. Lewis E. Stanton opposing. delivered the opinion of the court. This case in all material respects is identical with the case of Ex parte The Pennsylvania Company, just decided, and the same conclusion is reached as in that case. The petition for mandamus is Denied. ...
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137 U.S. 457 11 S.Ct. 143 34 L.Ed. 741 Ex parte PENNSYLVANIA CO. December 8, 1890. Danl. Davenport and William H. O'Hara, for petitioner. Lewis E. Stanton, for respondent. BRADLEY, J. 1 This case in all material respects is identical with the case of Ex parte Pennsylvania Co., ante, 141, (just decided,) and the same conclusion is reached...
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delivered the opinion of the court. This is an action brought to recover an alleged excess of duties charged for the importation of certain goods and chattels in the year 1884. The goods consisted of certain instruments used in the arts, or in laboratories, or for observation and experiment. The plaintiff, Oelschlaeger, who imported the articles, claimed that they were philosophical instruments...
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delivered the opinion of the court. This is an action at law, brought in the District Court of Dubuque County, in the State of Iowa, by James Artery against the Chicago, Milwaukee and St. Paul Railway Company, a Wisconsin corporation, to recover damages for a personal injury, and removed by the defendant into the Circuit Court of the United States for the Northern District of Iowa. Th...
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delivered the opinion of the court. On the 2d of February, 1887, Harvey S. Taft, a citizen of Michigan, presented a petition for a mandamus to the Circuit Court of the United States for the District of Kentucky. ' The petition states that John ~W. Bass, the presiding judge of the county court of Taylor. County, in the State of Kentucky, is a citizen of Kentucky, and' that Taylor...
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after stating the case, delivered the opinion of the court. The principal question raised by the pleadings and discussed at the bar involves actual fraud upon the part of James R. Millner in procuring the release from Hoffman, Lee & Co. "We have seen that, according to the bill, Millner sought such release upon the ground of his “ total inability ” to discharge that claim, and b...
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delivered the opinion of the court. This was an action at law, brought by the defendant in error in the Circuit Court of the United States for the South-' ern District of New York. The trial resulted in a judgment in his favor, and the defendant there has brought such judgment here on error. As the case was tried before a jury, contested facts mu^t be accepted to be as alleged by the plain...
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delivered the opinion of the court. On November 23, 1886, the grand jury of the First Judicial District Court of Utah found an indictment for polygamy against the plaintiff in error, charging him with having married one Kate Smith on the 14th day of August, 1884, when his lawful wife, Sarah Ann Williams, was still living and undivorced. Upon trial before a jury a verdict of guilty ivas returned...
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after stating the case, delivered the opinion of the court. The record is silent as to the' citizenship' of Russell, who assigned his interest to the plaintiff; and the defendants below, *482 the plaintiffs in error here, contend that the Circuit Court was therefore excluded by the act'of March 3, 1887, from jurisdiction of the action, it not appearing that he could have prosecuted in the Cir...
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delivered the opinion of the court. This was a suit in equity brought by the St.. Paul, Minneapolis and Manitoba Railway Company, 'a Minnesota corporation,, against Ransom Phelps, to quiet the title to about 80 acres of land in Richland County, North Dakota, particularly described as the east half of the southeast quarter of section .13, township 132, range 48, alleged to belong to the plaintif...
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delivered the opinion of the court. This was an action at law by Donald Oameron and Donald E. Cameron, composing the firm of Cameron & Co., importers, against the collector of the port of New York, to recover certain duties alleged to have been illegally exacted on a cargo of sugar and molasses. The 'only defence that appears to have been pleaded was, that the protest of the importers agai...
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after stating the case, delivered the opinion of the court. Apart from the prayers for process, an account, and for general relief, the specific relief sought is, that the two deeds of B. Mackall, .Sr.., trustee, and Louis Brand, trustee, to Joseph B. Hill be' decreed to be null and void, together with all deeds, written instruments, and claims of title whatever derived through the same, and th...
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after stating the case as above, delivered the opinion of the court. The decision of this case depends upon the true construction of that paragraph in John Tayloe’s will by which he be *526 queathes to four of his daughters the sum of $20,000 each. Neither the. other paragraphs of the will, nor the codicils, appears to us to have any material bearing. The testator begins ...
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delivered the opinion of the court. This was an action at law by Artemus Partridge and Thomas D. Richardson, trading as Partridge & Richardson, against John Cadwalader, collector of customs for the District of Philadelphia, to recover back certain alleged illegal and excessive duties exacted on merchandise imported at that port by them. The only defence set up by the collec...
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delivered the opinion of the court. These .two actions are in the nature of actions on the case for the continuance of a nuisance to the plaintiff’s «se and enjoyment of its house of public worship, by the noise, smoke, cinders, ashes and vapors from the defendant’s adjoining-engine house, repair shop and locomotive engines, and by the *569 obstruction of access to the plainti...
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delivered the opinion of the court. In this cause, trial by jury was waived by agreement of the parties in writing, duly filed, and the case was tried by the court. But the record discloses no finding upon the facts, either general or special, in accordance with the statute, (B.ev. Stat. §§ 649, 7Ó0,) and no questions are therefore open to our revision as an appellate tribunal. As the Circuit...
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after stating the case, delivered the opinion of the court. By the defendants it was contended below in substance, and the contention is renewed here, that the bonds being placed with them on special deposit for safe-keeping, without any reward, promised or implied, they were gratuitous bailees, and were not chargeable for the loss of the bonds, unless the same resulted from their gross ne...
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delivered the opinion of the court. In computing the two years after the entry of a final judgment, decree or order, sought to be reviewed in this court, within which the writ of error must be brought or the appeal taken, the day of the entry of such judgment, decree or order should be excluded. Credit Co. v. Arkansas Central Railway Co., 128 U. S. 258. The motion to dismiss the appeal in...
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after stating the case, delivered the- opinion of the court. The transcript of the record may be filed at any day during the term succeeding the taking of an appeal or the bringing of a writ of. error, if. appellee or defendant in error has not in the meantime had the cause docketed and dismissed. But this cannot be done after the expiration of the term, because the writ of error has then becom...
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after stating the case, delivered the opinion of the court. The Supreme Court of Michigan held that the information charged the respondent with the crime of embezzlement; that the defendant was called upon to plead to this charge when arraigned; that' he pleaded guilty of embezzlement, and doubtedly understood when he made his plea that he was pleading guilty to the felony charged; that this co...
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delivered the opinion of the court. This was an action of trespass to try title, brought by Need-ham and others against the Eed Eiver Cattle Company in the Circuit Court of the United States for the Northern District of Texas. The petition alleged the land to be of the reasonable value of $4400. Defendant pleaded not guilty and the statute of limitations. A verdict was rendered in favor of pl...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the Southern District of New York, by the Ellithorpe Air Brake Company, an Illinois corporation, against Henry B. Sire. The plaintiff is engaged in the business of constructing elevators and putting them into buildings. The complaint sets forth a contract between the plaintif...
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delivered the opinion of the court. This case has been before us on two former occasions; in October term, 1884, (Ayers v. Watson, 113 U. S. 594,) and in October term, 1889 (Ayers v. Watson, 132 U. S. 394). It has had six trials by jury,-in three of which the juries disagreed, and in the other three verdicts were found for the plaintiff. The case comes...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of the District of Columbia, to reverse a judgment of that court dismissing the relator’s petition for a peremptory writ of mandamus against the respondent, William Windom, Secretary of the Treasury, commanding him to deliver to the relator a Treasury draft for $ 12,536 which had been lawfully assigned to the ...
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after stating the case, delivered the opinion of the court. By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law. Law, in its regular course of administration through courts of justice, is due process, and when secured by the ...
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after stating the case as above reported, déliyered the opinion of the court. The question presented is, whether the patent of the United States, describing the eastern boundary of the land as comT mencing at a point on the rimer, which was on the right and west bank, and running southerly on its m,arg'm, embraces the island within it, or whether, notwithstanding the terms of apparent limit...
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137 U.S. 654 11 S.Ct. 231 34 L.Ed. 822 EGANv.CLASBEY. January 19, 1891. This was an action at law, brought in one of the territorial courts of Utah territory, by Edward D. Egan against James T. Clasbey, to recover the value of 1,475 shares of stock of the Bannock Gold & Silver Mining Company, a corporation organized under the laws of that territory, which, it was all...
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delivered the opinion of the court. It has been decided, at the present term, that the Guano Islands Act of August 18, 1856, c. 164, (11 Stat. 119,) reenacted in Title 72 of the Revised Statutes, is constitutional and valid; and that under that act, and by the action of the President, as appearing in documents of the Department of *651 State, and of which this court is bound to take judicial ...
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after stating the ease, delivered the opinion of the court. It is contended that the sentence of dismissal was a nullity because it does not' sufficiently appear from the record of, the court-martial proceedings and the endorsements thereon that the findings and sentence were approved by the President. The 65th. Article of War, act of April 10, 1806, 2 Stat. 367, c. 20, which was in force at ...
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after stating the case, delivered the opinion of the Court. *684 The appellant, George H. Oope, who is admitted to be the illegitimate child of Thomas Cope, by Margaret Cope, his polygamous wife claims the right to inherit a share of his father’s estate under a Territorial statute of Utah, enacted in 1852, which provided as follows: “ Section 25. Illegitimate children and their mothers inheri...
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delivered the opinion of the court. Our jurisdiction to review this case upon writ of. error depends upon the amount of the judgment, and the sole question is, whether upon the face of this record, the judgment is for five thousand dollars, or for that amount with interest from the date of the verdict. Under the peculiar practice obtaining in Pennsylvania, the judgment ivas not entered up for a...
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after stating the case as above reported, delivered the opinion of the court. It is contended by the appellants that the Circuit Court erred (1) in holding that the covenant on the part of the County company, to permit other railroads to use it's right of way between the park and the terminus of its line in the city, was binding on the Kansas City company, and gave to the Colorado company ...
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after stating the case, delivered the opinion of the court. The right of claimant, as informer, depends on th¿ act of Í866. Before final adjustment of the claim made against Stout, the. act of 1866 was repealed. Unless, therefore, prior to this repeal some right was vested, the claimant has no standing in court. But the act of 1866 explicitly declared, that no right accrued to an informer until...
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delivered the opinion of the court. William Rebman was tried and convicted before a justice of the peace in Norfolk, Virginia, “ a city of fifteen thousand inhabitants or more,” of the offence of having wrongfully, unlawfully,1 and knowingly sold and offered for sale “eight-teen pounds of fresh meat, to wit, fresh, uncured beef, the same being the property of Armour & Co., citizens of the ...
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delivered the opinion of the court. This is an action on bonds issued by the plaintiff in error under the authority of an act of the legislature of Ohio, of April 9, 1880. (77 Ohio Laws, pages 157 and following. 1 ) The single question for consideration is the constitutionality of that statute. .For if the act is unconstitutional, the bonds *69 were issued without a...
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after stating the case, delivered the opinion of the court. The motion to dismiss is predicated upon two grounds: First. Because the writ of error was not allowed, nor the citation signed, by the Chief Justice of the Supreme Court of the State of Colorado. Second. Because no Federal question was involved in the case, or appeared or was raised upon the record. It is essential to the exercise b...
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The facts set forth in the bill of the plaintiff clearly show that be has a plain, adequate and complete remedy at law for the injuries of which he complains. He alleges that he is the owner in fee, as trustee, of certain, described lands in Iowaj and his injuries consist in this: that the defendants are in the possession and enjoyment of the property, claiming title under certain documents purpo...
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delivered the opinion of the court. "We are entirely satisfied with the conclusion of the Circuit Court, upon the evidence, that all the matters in controversy. between the parties had been fully compromised and settled. The litigation was being prosecuted upon two bills and two cross-bills when the negotiations commenced, and involved the claims of the company against Coburn and Ewing and...
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delivered the opinion of the court. This is an action' for the possession of a parcel of land of about eighty acres in the county of San Joaquin, California, being substantially the south half of the southeast quarter of section 11, in township 1, of that county. The plaintiff in the court below, and in error here, asserted title to the premises under a patent of the United States issued to h...
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after stating the case, delivered the opinion of the court. Many assignments of error and many questions are presented by the counsel for plaintiffs in error. Ve notice those which seem to be substantial. It is alleged, first, that there was error in refusing to transfer the law action, to, the ' equity docket. This was-an action at law, brought by certain mortgagees to recover the value o...
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delivered the opinion of the court. .. This-is an appeal from tfye-Court of Claims. The claimant,, the Central Pacific Railroad Company, filed a petition October 31,1887, to recover from the United States the sum of $804,-094.31y alleged to be due for Services rendered to the War,, *85 Post Office, and other departments, and the sum of $321,-. 157.72, alleged to have been exac...
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delivered the opinion of the court. (1) Claimant’s right to retained pay depends upon Rev. Stat. § 1281, which reads as follows: “ To the rates of pay stated in the preceding section one dollar per month shall be added for the third year of enlistment, one dollar more per month for the fourth year, and one dollar more per month for the fifth year, making in all three dollars increase per month ...
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after stating the case,-delivered the. opinion of the court. The Supreme Court of ff>wa, iQ /view of section 1090,-held, ‘that the city.pf Sioux'City, by granting the authority to construct and operate the railway on the condition of paving between the rails, did nob limit its authority to make and enforce other regulations and requirements, as authorized by section 1090; that, although," ...
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delivered the opinion of the court. This is an appeal from a judgment of the Supreme Court of the Territory of New Mexico. The opinion of that court is reported as Bent v. Thompson, 23 Pac. Rep. 234. In connection therewith, that court made and filed a statement of facts in substance as follows: Alfred Bent died on the 9th of December, 1865, leaving as his only heirs at law his widow, G-u...
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delivered the opinion of the court. The plaintiffs in error, with others, were indicted in the court below at its October term, 1889, and were convicted and sentenced to suffer death, for the crime of murder alleged to have been committed on the 25th day of July, 1888, in that part of the United States designated in numerous public documents as the Public Land Strip, but conraionly called ...
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after stating the case, delivered the opinion of the court. (1.) In support of its demurrer founded upon the alleged want of jurisdiction in the Circuit Court, the plaintiff in error insists that the plaintiffs below obtained their right to bring suit upon this order by assignment from S. K. Felton & Co., who are not alleged to be citizens of any other State than Nebraska, and hence that t...
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after stating the case, delivered the opinion of the court. The written contract between the parties in this case does not materially differ from the one before this court in Martinsburg & Potomac Railroad Co. v. March, 114 U. S. 549, 553. *193 In that case the contractor did not allege in his declaration that the engineer ever certified in wri...
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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 Western District of Pennsylvania, by the Consolidated Poller Mill Company against P, P. Walker, for the infringement of claim 1 of letters patent No. 228,525, granted June 8, 1880, on an application filed May 2, 1879, to William D. Gray, for an improvement in roller-grind...
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after stating the case as above, delivered the opinion of the court. Every patent issued under the laws of the United States for an invention or discovery contains “ a grant to the patentee, his heirs and assigns, for the term of seventeen years, of the exclusive right to make, use and vend the invention or discovery throughout the United States and the Territories thereof.” Eev. Stat. § 4...
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after stating the casaas above reported, delivered the opinion of the court. The first and principal question in this case arises on the contract of January 1, 1882. By the appellant it is claimed that this is a mere executory contract, an agreement to sell; by the appellee, that it is an executed contract, a sale with reservation of security. The distinction is obvious, and the significance im...
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after stating the case, delivered the opinion of the court. *375 In regard .to the character of the obligation assumed by Briscoe, we concur with the views of the Supreme Court of Louisiana in its second opinion. By the instrument signed on the 25th of January, 1857, the relation of debtor and creditor was created between Briscoe and the beneficiaries. It was stated expressly that...
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after making the foregoing statement, delivered the opinion of the court. There are thirty-two assignments of error found in the' record, which it is not.necessary to discuss in detail. We are of opinion that the findings of fact by the District Court, taken in connection with the verdict of the jqry upon the sole issue submitted to it, entitled the appellee to the equitable relief so...
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after stating the case, delivered the opinion of the court. The general question involved in the- case is, whether the land in disputéis a part of surveys 149 to. 156, inclusive, in the common fields of Prairie du Pont, with the accretion thereto, situate on the Illinois side of the Mississippi River, in St. Clair County, Illinois, and is owned by the plaintiff, or whether it is owned by the su...
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after stating the case, delivered the opinion of the court. The only question .for the determination of this court is whether Ames’s discharge in bankruptcy was a bar to the *311 present action; and that question depends upon the inquiry whether the defendant is sued on account of a debt created by fraud within the meaning of the bankruptcy act. It is the settled doctrine of t...
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delivered the opinion of the court. This was a writ of error sued out under the sixth section of the act of February 6, 1889, 25 Stat. 655, 656, c. 113, § 6, to review a judgment, of the Circuit Court of the United States for the Western District of Arkansas, imposing a sentence of death upon the plaintiff in error for the murder of David C, Steadman “ at the Creek Nation in the...
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delivered the opinion of the court. This was a writ of error sued out under the. sixth section of the act of Congress of February 6, 1889, 25 Stat. 655; 656, c. 113, § 6, to review a.judgment of the Circuit Court of the United States for the Western District of Arkansas, imposing a sentence of death upon the .plaintiff in error for the murder of Sam. M.-Morgan, “at the'Cherokee Nation, in the I...
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delivered the opinion of the court. This is an action to recover longevity pay. under the clause of the act of March 3, 1883, providing that “ all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same...
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delivered the opinion, of the court. This case is before us upon a motion to dismiss the writ of error for want of jurisdiction in this court to reexamine the judgment below;. or, if this court has jurisdiction, to affirm the judgment upon the ground that the question on which our right of review depends is too frivolous to require argument upon it. Certain provisions of the statutes of' Texa...
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delivered the opinion of the court. This was an action commenced in the Circuit Court of Shelby County, Tennessee, by R. S. Daughtry as administrator of John W. Daughtry, deceased, against the Kansas City, Fort Scott and Memphis Railroad Company and the Kansas City, Memphis and Birmingham Railroad Company on the 16th of August, 1888, for the recovery of damages for the death of John-W. Dau...
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delivered the opinion of the court. On or about the 14th of April, 1887, Mrs. Irene Clark, of Milford, New Haven County, Connecticut, died, leaving a will which contained the following provisions: (1) She gave to her husband, Bela Clark, all of her household furniture, including beds and bedding, pictures and silver-plated ware; (2) She gave to her grandniece, Martha A. Buckingham, and to five ...
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after stating the case, delivered the opinion of the court. The defendant in error, the plaintiff below, moves in the alternative to dismiss the appeal on the ground that the judgment recovered is not final, or to affirm the judgment on the ground of the manifest insufficiency of the errors assigned. The essential points of contention in the case related to the necessity of the property fo...
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after stating the case as above, delivered the opinion of the court. 1. In the court below one of the contentions of the appellee Kingsbury — who reached his majority before the final decree, and became a defendant — was, that the guardian had no authority to borrow moneys for the purpose of erecting buildings to be rented, or to mortgage the minor’s property to secure the payment of money...
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after stating the cáse, delivered the opinion of the court. We cannot give our assent to the proposition that Adams, being a special agent only, was not guilty of a breach of duty in withholding from his principal information of the fact that McComb was willing to take the notes at a discount of eight per cent per annum, that is, for $380,000, provided he could not get them for $350,000. That f...
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after stating the case, delivered the opinion of the court. The main question at issue was the validity of the bonds, and that' involved the levy and collection of taxes for a series of years to pay interest thereon and finally the principal thereof, and not the mere restraining of the tax for a single year. The grievance complained of was common to all the plaintiffs and to all whom they profe...
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delivered the opinion of the court. The contention of the plaintiffs in error is, that by the statutes of the Territory of Montana, above quoted, the alleged assignment by Young to Winchester Avas conclusively fraudulent as to them, for the want of the immediate delivery, followed by an actual and continued change of possession, of the goods assigned; that their right to so treat the assig...
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delivered the opinion of the court. The writ of error in this case was dismissed by plaintiff in error on the 5th of January, and at the same time a motion was made on his behalf for leave to withdraw the transcript of record heretofore filed herein. The transcript has become a part of the records of this court, which we cannot permit to be mutilated or destroyed. Its contents aré accessible he...
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delivered the opinion of the court. This is an application for leave to file a petition for a writ of prohibition to the District Court of the United States for the District of Alaska. The Attorney General being present and expressing a desire to that effect, opportunity was afforded him to be heard in opposition to granting the ieave to file, and this resulted in argument having a much wider r...
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delivered the opinion of the court. After a careful examination of the evidence in this record, we are satisfied that the conclusions of the Circuit Court upon the facts are substantially correct. While there may be a conflict in some particulars, we regard the defendant’s contention upon all points material to the disposition of the case as clearly sustained by the weight of the evidence,...
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after .stating the case, delivered the opiñion of the court. We have already held in Lawrence Manufacturing Company v. Tennessee Manufacturing Company, ante, 537, that *560 plaintiff is not entitled to the exclusive right to use the letters “LL” as a trademark on sheetings running four yards to the' pound, and that no case was' made there for relief on th...
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delivered the opinion of the court. The plaintiff' here, plaintiff below, is the receiver of the American National Life and Trust Company of New Haven. This action, originally commenced in the Supreme Court of the city and county of New York, and thence removed to the Circuit Court for the Southern District of New York, is one to recover damages resulting from certain alleged fraudulent acts by...
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delivered the opinion of the court. We are’confronted upon the threshold of this case with the inquiry whether there is a federal question involved; if not, the only disposition we can make of it is to dismiss it for want of jurisdiction. The object of the proceeding is to try the respective titles of the relator and the respondent to the office of sheriff of Buchanan County,' Missouri. Respond...
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delivered the opinion of the court. The first mortgage had the “ after-acquired property ” clause in it. It is settled that such a clause is valid, and that thereby the mortgage covers not only property then owned by the railroad company, but becomes a lien upon ail property subsequently acquired by it which comes within the description in the mortgage. Pennock v. Coe, ...
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delivered the opinion of the court. One proposition alone requires notice. This was an action by a creditor of the State not against- his debtor, but against *528 its debtors, to secure an appropriation of their debts to it to the satisfaction of its obligations to him. It is a proceeding of a garnishee nature. The appearance of the State, voluntarily, its application to be made a party vnte...
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delivered the opinion of the court. The first question is as to the admission of the testimony of It. C. Best, a witness for and one of the defendants, as to conversations between them and the plaintiff’s agent Davis, at the time the original contract was signed. The scope of this ■testimony was substantially that they proposed to organize a corporation, .with limited liability, that the purcha...
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delivered the opinion of the court. We think the appeal was properly taken. At the time the order of August 10 was entered, the receiver, was not in possession ; he had surrendered the property more than nine months prior thereto. When he surrendered the property, he closed up his receivership. A decree against him was not personal, but official. It was not the contemplation of the court t...
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delivered the opinion of the court. The first contention of appellant is, that this action could not be maintained because the State of Nevada was not made party; it holding the legal title; Second, that the Circuit Court erred in finding that there' was fraud or wrong, by which, the title was passed to the State of Nevada; and, *516 Third, that even if there were fraud ...
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delivered the opinion of the court. This was an action brought against a corporation of Great Britain by the widow and daughter of William -J. Bunt, citizens of California, to recover damages, under § 377 of the California Civil Code, for his death by the defendant’s negligence while a workman in its mine. The answer alleged, among other things, that his death was caused by his own neglige...
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.delivered the opinion of the court. - This is a bill in equity,-filed January 27, 1882, in the Circuit Court of the United-States for the Northern District of Texas, by John ~W. Hanner, Jr., James D. Park, and John S. Park, Jr,, against Lewman G. Moulton, M. C. Moulton, C. R. Beaty, Clement R. Johns, ,J. C. Kerby, Elavius Everett, W. Yon Rosenburg, and the corporation of C. R. ...
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delivered the opinion of the court. This was an action brought against Hiram Barney to recover back money alleged to have been illegally exacted by him when collector of the port of New York, as duty on certain charges and commissions, and as fees for services rendered in the custom-house in connection with merchandise imported, and was commenced in the Superior Court of New York City by s...
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delivered the opinion of the court. Apparently in consequence of the decision of this court in Cary v. Curtis, 3 How. 236, to the effect that under the act of March 3, 1839, an action for money had and received would not lie against a collector of customs for duties paid under protest, Congress on February 26, 1845, enacted (5 Stat. 727) that nothing contained in the act of 1839...
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delivered the Opinion of the court. This case was before us in October term, 1885, upon a decree dismissing the bill on demurrer. See Clay v. Freeman, 118 U. S. 97. "We reversed that decree, and remanded the cause with instructions to enter a decree in conformity with the opinion of this court, which was done. After various subsequent proceedings in the court below, a...
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after stating the case, delivered the opinion of the court. It is undoubtedly the general rule that a judgment rendered by a court in a criminal case must conform strictly to the statute, and that any variation from its provisions, either in the character or the^extent of punishment inflicted, fenders the judgment absolutely void; but it seems that under the law of Wisconsin a judgment in a cri...
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delivered the opinion of the court. These cases, being appeals from two decrees of the Circuit Court of the United States for the District of Indiana, making allowances to certain intervenors in railroad foreclosure suits, by stipulation of parties are to be heard together and treated as one case. They were before the court a year ago. Kneeland v. American Loan and Trust C...
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delivered the opinion of the court. This was a suit in equity, brought in the Circuit Court of the United States for the Eastern District of Pennsylvania, by ten citizens of Louisiana, two of Mississippi and four of Texas, in their own behalf and in behalf of certain other persons whose names are not known, all of whom claim to bé the legal descendants of Robert M. Simmons, late a citizen ...
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delivered the opinion of the court. This was an action of ejectment in one of the state courts of California, to recover the possession of a tract of one hundred and sixty acres .of land in San Joaquin County in that State, particularly described as the northwest quarter of section 23, township 3 north, range 7 east, Mount Diablo base and meridian. *574 The plaintiff below, w...
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after stating the case as above reported, delivered, the opinion, of the court. The decisive question presented by the record in this case is, did the town of Monticello have authority, under, the laws of Indiana, to issue for sale in open market negotiable securities in the forms of the bonds and coupons on which recovery is here sought? Chancellor Kent, in his Commentaries, vol. 2, 298, ...
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after stating the case, delivered, the opinion of the court. Ufider the act of March 3,1875, determining the jurisdiction of Circuit Courts of the United States (18 Stat. 470, 472) the objection to the -jurisdiction upon a denial of the averment of citizenship is,not confined to a plea in abatement or a demurrer, but may be taken in the .answer, and the time at which it may be raised is no...
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delivered the opinion of the court. The defendant kept this contract for a year' and then repudiated its obligations. The excuse made in its correspondence and alleged in its answer was, that the parol agreement between the': parties, an. agreement authorized by the directors of the defendant company, was a three years’ contract; that the contract prepared .by plaintiff was for five years; and ...
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after making the foregoing statement, delivered the opinion of - the court. The first three assignments of error cover the whole case, and are as follows: The first is, that the court erred in refusing to allow the plaintiff in error to file the several pleas of non est fact am, statutes of limitation, payment and set-off. The reply to this is, that as long ago as Man...
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delivered the opinion of the court. By Rev. Stat. sec. 2319, all valuable mineral deposits in lands belonging to the United States are declared to be free and open to exploration and purchase “'by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law.” By sec. 3324, the miners of each mining district may make regulatio...
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after making the above statement, delivered the opinion of the court. It was conceded in the court below that the premises, to remove the cloud from which the present bill is filed, were at the time “ pueblo lands ” of San Francisco; that is, that they were part of the lands claimed by the city as successor of a Mexican pueblo of that name; that they are within the limits of the city of San F...
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delivered the opinion of the court. This is the cáse which was before us in October 'term, 1888, and the decision in which will be found reported in 131 U. S. 191, under the name of New Orleans v. Gaines's Administrator. The suit \\yas commenced in August, 1879, and was' brought against the city of New Orleans to recover the rents, fruits, revenues and profits of 135 ...
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after stating the case as above reported, delivered the opinion of the court. *651 The rule is settled that to give this court jurisdiction of a writ of error to a state- court it must appear affirmatively, not only that a federal question was presented for decision by the highest court of the State having jurisdiction, but that its decision was necessary to the determination of t...
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