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Opinions in l-ed Volume 52

■ after making. the. foregoing statement, delivered the opinion of the court- • The first question is, whether the plaintiff can maintain this' suit in equity without a prior adjudication in an action at law of its legal title. The bill alleges ownership and possession. It supported this allegation by patents from the United' States of the first four claims mentioned in the bill, and prove...
Views: 13
after making the foregoing statement of facts, delivered the opinion of the courtl The claim that the action of the state board of equalization . in making the assessment under consideration was the action of the State, and if carried out would violate the provisions of the Fourteenth Amendment to the Constitution of the United States, by taking property of the appellee without due process...
Views: 30
delivered the opinion of the court. These cases involve the same principle as that already decided in No. 115, ante, p. 20, and although the facts .differ somewhat in the various cases, yet they present substantially the same questions, and the judgment in each case is therefore Affirmed. ...
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after making the foregoing statement, delivered the opinion of the court. In the disposition of -this case we are somewhat embarrassed by our ignorance of the reasons which controlled the decision of the highest court of the State- The opinion of the surro *47 gate was very brief. His judgment was affirmed upon appeal successively by the Supreme Court and the Court of Appeals ...
Views: 23
delivered the opinion of the court. These cases arise out of the proceedings subsequent to the decision of this court in First National Bank of Chicago v. Chicago Title & Trust Co., 198 U. S. 280. In that case the Trust Company, as receiver, subsequently trustee, in bankruptcy, filed a petition in the District Court alleging possession of certain property and asking f...
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delivered the opinion of the court. The plaintiffs in error were convicted in the Court of Quarter Sessions of Cumberland County, New Jersey, at the May term, 1903, of the offense of -unlawfully dredging upon certain oyster beds for the purpose of catching oysters, contrary to the statute enacted in that State. This judgment was affirmed in the Court of Errors and Appeals of New Jersey and this...
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delivered the opinion of the court. The question in' this case is the constitutionality.of section 2 of an act of the State of South Carolina, approved February 23, 1903 (24 Stat. 81), which reads: “ Sec. 2. That every claim for loss of or damage to property while in the possession of such common carrier shall be adjusted and paid within forty days, in case of .shipments wholly...
Views: 18
delivered the opinion of the court. This was a complaint against the plaintiff in error for refusing to sell tickets for the transportation of pupils to and from' the public schools at one-half the regular fare charged by it, as required by Mass. Rev. Laws, c. 112, § 72. At. the trial the Railway Company admitted the fact, but set up that the statute was unconstitutional, in that it denied...
Views: 27
after making the foregoing statement, delivered the opinion of the court. The motion to dismiss was'rested on two grounds: .(1)- That appellant had failed to comply with clause 3 of general order in bankruptcy XXXVI; (2) That the case was not appealable to this court. Clause 3 of general order XXXVI reads as follows: “In every case in which either party is entitled by the act to ...
Views: 7
delivered the opinion of the court. -This is an action upon judgments obtained in Missouri by the plaintiff in error against the defendant in error, hereafter called respectively plaintiff and defendant. The defendant, not denying the judgments, pleaded four pleas in set-off. The first was for money had and received, interest, and upon an account .stated. The second was upon an alleged con...
Views: 13
delivered the opinion of the court. This writ, of error brings up for review a final judgment of the Supreme Court of Illinois in a case of habeas corpus arising under that clause of the Constitution providing that “ a person charged in any State with treason, felony, or other crime; who shall flee from justice and be found in another State, shall, on demand of the executive aut...
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delivered the opinion of the court. Whether the Supreme Court of Porto Rico erred in affirming the conviction and sentence of the plaintiff in error of a crime held to. constitute embezzlement, is the question presented by this record. Twenty-seven errors are assigned. At the thresh *114 old we are concerned with our right to consider them. Our jurisdiction arises from the thirty-fifth sectio...
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delivered the opinion of the court. The first of these cases comes up on certiorari to review a judgment of the Circuit Court of Appeals for the Second Circuit, affirming a conviction of the petitioner under the Immigration Act of March 3,1903, c. 1012, § 18, 32 Stat. 1213,1217. 1 That section makes it the duty of any officer in charge of any *124 vessel bringing an alien to the United Stat...
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delivered'the opinion of the court. These cases are writs of error to the Supreme Court of the State of Georgia, in suits brought to enjoin the collection of certain taxes. In the view we take of them they may be considered together. Actions were begun by the plaintiffs in error, in the Superior Court of Fulton County, to enjoin the enforcement of executions in the hands of the sherif...
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delivered the opinion of the court. This is a writ of error directed to the Supreme Court of the State of Ohio. The plaintiff in error is the widow of Henry E. Chambers, who, while in. the employ of the defendant iri error as a locomotive engineer and engaged in the performance of his duty, received injuries from which he shortly afterwards died. Both husband and wife were at the time of the injur...
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after making the foregoing statement of the case, delivered the opinion of the court. The plaintiffs in error seek a reversal of. the judgment of the Supreme Court of Pennsylvania, which affirmed a decree of a lower court, directing the consolidation of the cities of Pittsburgh and Allegheny. This decree was entered by.authority of an act of the General Assembly of that State, after procee...
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207 U.S. 181 28 S.Ct. 108 52 L.Ed. 160 WEBSTER COAL & COKE COMPANY, Petitioner,v.A. J. CASSATT, John B. Thayer, Charles E. Pugh, et al. No. 283. Argued October 28, 29, 1907. Decided December 2, 1907. The Webster coal & Coke Company commenced an action at law in the circuit court of the United States for the eastern district of Pennsylvania against the Pen...
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after making the foregoing statement, delivered the opinion of the court. The Pennsylvania Railroad Company did not except to the order nor attempt, to prosecute a writ of error therefrom if that were possible; the plaintiffs in error, who were officers of the company, excepted and carried the case up on this writ of error! They were not parties to the case between the Coal Company and the Railroa...
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For the reasons given in thé preceding case the'judgment is reversed, and the cause remanded with a direction to disriiiss the writ of error. ...
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207 U.S. 188 28 S.Ct. 110 52 L.Ed. 163 JOHN T. SHOENER, Piff. in Err.,v.COMMONWEALTH OF PENNSYLVANIA. No. 161. Argued October 28, 1907. Decided December 2, 1907. In a civil action brought by the county of Schuylkill, Pennsylvania, in 1901, against Shoener, the present plaintiff, for the amount of certain fees alleged to have been collected by him, as the clerk of...
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after making the foregoing statement, delivered the opinion of the court. The contention that, by the judgment of the Supreme;Court of Pennsylvania, the plaintiff in error has been deprived of a *195right secured to. him by the Constitution of the United States must be overruled. He has not been twice placed in jeopardy for the.same offense. Upon the hearing of the case arising out of the first in...
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delivered the opinion of the court. This is a suit to restrain'an alleged infringement of-a patent granted June 22, 1897, for the stencil ■ duplicating machine known as the rotary Neostyle. .The plaintiffs below, petitioners here,' represent the entire interest in the patent. There is no claim of any infringement, by using or selling the patented machines, but of-an indirect infringement i...
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delivered the opinion of the court. This was an application by the appellee, the Territory of Arizona, for a mandamus to compel the appellants, the supervisors of Pima County, to levy a tax to pay the interest due on certain bonds. The facts are these: In 1883 an act was passed by the territorial legislature (Laws Ariz., 1883, p. 61),' directing Pima County to exchange its bonds for those of th...
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after making the foregoing statement, delivered the opinion of the court. The points urged at bar on behalf of the petitioners as es-' tablishing that the decrees below should be reversed and the bill of complaint dismissed, and in any event the' injunction be modified and restricted, are the following: “1. The bill of complaint does not state a cause of action, either at law or in eq...
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delivered the opinion of the court.. The United States appeals from a judgment against it (41 C. Cl. 48), for the contract price of paper purchased for use in the public printing office in the Philippine Islands. We summarize from the findings the status of the'Philippine Islands at the time of the contract,’ stating besides the facts concerning, the organization in the War Department of w...
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after making the foregoing statement, delivered the opinion of the court. In making up the account the representative of the Earle estate claimed a credit for the sum of $19,558.05 as part of the proper expenses incurred by or in behalf of defendant in obtaining the appropriations above mentioned. The auditor strhek out $13,058.05 of such claimed credit, leaving $6,500 as a proper credit in fav...
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after making the foregoing statement, delivered the opinion of the court. The validity of this very statute'of Arkansas (at least until Congress legislates upon the subject) has already been affirmed by this court, Woods & Sons v. Carl, 203 U. S. 358, and the validity of statutes of a somewhat similar nature has also been .affirmed in the case of Allen v. ...
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delivered the opinion of the court. This case involves .the'liability of plaintiffs, in error, Bank of Kentucky and National Bank of Kentucky, to be assessed for certáin back taxes imder.the revenue law of the State of *262 Kentucky. That law makes it the duty “of auditor’s agents to cause to be listed for taxation all property omitted, or any pórtíton of property omitted by the assessor, boa...
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delivered the opinion of the court. This is a suit brought by the defendant in error, hereafter called the plaintiff, for the failure, of the railroad company, hereafter called the defendant, to deliver cotton in accordance with the terms of bills of lading issued by the railroad and held by the plaintiff as indorsee. The cotton in question was purchased by the Alphin & Lake Cotton Company...
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delivered the opinion of the court. This was an action brought by the plaintiff in error to recover for the death of his intestate in a collision upon the defendant’s railroad in Illinois. The action was begun in a court of the State and the defendants forthwith filed a petition for the removal of the cause to the United States Circuit Court. The petition averred, among other things, that ...
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after making the foregoing statement, delivered the opinion of the court. This case involves important questions under the copyright laws of the United States, upon which there ha...
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delivered the opinion of the court. This is a writ of error to the Court of Appeals'of the District of Columbia. The. plaintiff in error brought an action to recover damages for personal injuries which she alleged were suffered by her through the negligence of the" defendant in error, a corporation operating an electric street railway. The defendant pleaded in abatement that the plaintiff ...
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after making the foregoing statement, delivered the opinion of the court. ' The Mutual Reserve Fund Association of New York (hereinafter called the Association) was originally incorporated under Chap. 267 of the Laws of New York of 1875. The certificate *321 of incorporation stated the purposes of the Association to be to provide “benefits for families and others dependent . . . by means of v...
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after making the foregoing statement, delivered the' opinion of the court. The questions of the validity of state statutes and orders of state railroad commissions, directing the stoppage of through interstate trains, have frequently, within late years, been before this court. The last case is that of Mississippi Railroad Commission v. Illinois Central Railroad Company, ...
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after making the foregoing statement of the case, delivered the opinion of the court. It appears from the evidence that the statute which is assailed by appellants was one, among others, passed to prevent the adulteration of articles or to provide for the publication of their composition. ’ That both purposes are within the com-. petency of the State can hardly be denied. A discrimination is, h...
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delivered the opinion of the court. This action was commenced by the defendant in error in the Circuit Court of St. Joseph County, Indiana, to compel the Terre Haute and Logansport Railway .Company to open its tracks and yards within Calvert street in South 'Bend, -to *363 make the roadbed conform to the street grade, to plank the crossing, of the same, and to make that crossing safe and conv...
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delivered the opinion of the court. The plaintiff in error was convicted of falsification of documents, under Article 300, clauses 4, 7 of the Philippine Penal Code. He brings the case here as one in which a. statute of the United States is involved, under the act of July 1, 1902, c. 1369, § 10, 32 Stat. 695. By the article mentioned a public official is subjected to imprisonment and fine ...
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delivered the opinion of the court. • The plaintiff in error was convicted of a criminal attempt against an agent of the authorities by striking one Feliciano *374 Celimin, a policeman, who was trying to arrest him, and by using vile, abusive and threatening language to the. same officer, contrary to Article -249,- clause 2, of the Penal Code of the Philippines. He was sentenced under Article...
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delivered the opinion of the court. This case was argued and submitted with American Tobacco Company v. Werckmeister, decided December 2, 1907, ante, p. 284. The present action was brought to recover, under § 4965, Revised Statutes, relating to copyright (3 U. S. Compiled Stat. 3414), the penalties of $10 each, for 1,196 sheets of the allege...
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after making the foregoing statement, delivered the opinion of the court. ■ . The Circuit Court assumed that Ordinance No. 402 was in terms exclusive and was intended to be made so by the city. We shall assume the same thing.' Indeed, it would be impossible to decide otherwise. .It recites that the Hutchinson Water, Light and Power Company “is the owner of certain exclusive, franchises and...
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delivered the opinion of the court. This is a proceeding for the limitation of liability of the steamship Hamilton in. respect of a collision on the high seas with the steamship Saginaw, in which the Saginaw was sunk and her chief mate and some of’ her crew and passengers were drowned. It is found, and not disputed, that both vessels were to blame. Both vessels belonged to corporations of ...
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after making the foregoing statement, delivered the opinion of the court. The plaintiff alleges in her petition that the land is worth $100,000. It appears that she has never been in Oklahoma; that neither she nor her husband eyer entered upon or cultivated the land, and yet she asks the court to give- her'this valuable property, taking it away from those who, at least by their presence and occ...
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after making the foregoing statement, delivered the opinion of the court. By the action of the Supreme Court of the State the judgment of the Court of Civil Appeals became the judgment of the highest court in the State to which the case could be taken, and hence the writ of error properly ran to that court. The constitutional question, although not raised theretofore, was distinctly presen...
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delivered the opinion of the court. This writ of error to review a criminal conviction is prosecuted directly from this court upon the assumption, that rights under1 the Constitution are involved. The errors assigned', 'however, relate not only to. such question but also to many other subjects. If there be a constitutional question adequate to the exercise of jurisdiction, the duty exists ...
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delivered the opinion of the court.1 To dispose of these cases it is necessary to decide a fundamental question which is equally decisive as to both. They were argued at the bar together, and because of their unity have been considered at the same time. As stated in the declarations as finally amended, recovery was sought in each case of damages occasioned by the death of the respective intestates...
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after making the foregoing statement, delivered the opinion of the court. We take the findings of fact by the state court as conclusive upon us. It therein appears that the company was duly served with a notice (which was in substance a substitute for a subpoena duces tecum) to produce books and papers required, and that they had not been destroyed, but were 'then under its control and custod...
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delivered the opinion of the court-. This is an action for $27,000 for drawbacks on corks imported from Spain and used by claimant in bottling its beer, and entered for the benefit of drawback upon exportation under §25 of the act of Congress, entitled “An act to reduce the revenue and equalize duties on imports and for other purposes/' *559 approved October 1, 1890. 26 Stat. 567, 617. The se...
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after making the foregoing statement, delivered, the opinion of the court. A question of jurisdiction is presented by. the United States. Five of the defendants named in 'the bill failed to answer and a decree pro confesso was taken against them. The other defendants, appellants here, after the affirmance by the Circuit Court of Appeals of the interlocutory injunction,' filed a ...
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Judgment affirmed. Nealy v. Henkel, 180 U. S. 109; Pearcy v. Stranahan, 205 U. S. 257, and cases Cited. See opinion below, 40 C. Cl. 495....
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Motion for leave to file petition for writ of mandamus denied....
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Dismissed for the want of jurisdiction. New Orleans Waterworks Company v. Louisiana, 185 U. S. 336; Newburyport Water Company v. Newburyport, 193 U. S. 561; and see Thomas v. Provident Loan and Trust Company, 138 Fed. Rep. 348; S. C., 200 U. S. 618. Case below, 87 Pac. Rep. 916....
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Dismissed for the want of jurisdiction. Oxley Stave Company v. Butler County, 166 U. S. 648; Hulbert v. Chicago, 202 U. S. 275; Miller v. Cornwall Railroad Company, 168 U. S. 134; Mutual Life Insurance Company v. McGrew, 188 U. S. 291; Howard v. Fleming, 191 U. S. 126; New Orleans Waterworks Company v. Louisiana, 185 U. S. 336....
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Dismissed for the want of jurisdiction. Blythe v. Hinckley, 84 Fed. Rep. 228; Blythe Company v. Blythe, 172 U. S. 644; Blythe Company v. Hinckley, 111 Fed. Rep. 827; Blythe Company v. Hinckley, 184 U. S. 701; Blythe v. Hinckley, 180 U. S. 333; Dupaneur v. Rochereau, 21 Wall. 130; Metcalf v. Watertown, 153 U. S. 671; Blythe Company v. Bankers’ Investment Company, 147 California, 82; Missouri Pacifi...
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Mr. John W. Blackwood for plaintiff* in error. Mr. John B. Jones and Mr. William L. Terry for defendant in error. Judgment affirmed with costs. Soper v. Lawrence Bros., 201 U. S. 359; Turner v. New York, 168 U. S. 90; Lumber Company v. Hardin, 78 Arkansas, 95; Towson v. Denson, 74 Arkanas, 302....
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Judgment reversed and cause remanded with a direction to sustain the motion in arrest of judgment, on- the authority of Hodges v. United States, 203 U. S. 1....
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Judgment affirmed. United States v. Rickert, 188 U. S. 432; McKay v. Kalyton, 204 U. S. 458....
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Dismissed for the want of jurisdiction. Foster v. Rowe, 128 Wisconsin, 326; S. C., 111 N. W. Rep. 688; Eustis v. Bolles, 150 U. S. 361; Indiana Manufacturing Company v. Koehne, 186 U. S. 681; State Railroad Tax Cases, 92 U. S. 575....
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Writ of error dismissed for the want of jurisdiction. Code D. C., § 233; Walker v. United States, 4 Wall. 163; Thompson v. Butler, 95 17. S. 694; District of Columbia v. Gannon, 130 U. S. 229; Baltimore & Potomac Railroad Company v. Hopkins, 130 U. S. 210; United States ex rel. Lisle v. Lynch, 137 U. S. 280; United States ex rel. Taylor v. Taft, Secretary, 203 U. S. 461....
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Writ of error dismissed for the want of jurisdiction. Walter v. Loomis, 197 U. S. 619; Coloin v. Jacksonville, 157 U. S. 368; Chappell v. United States, 160 U. S. 499; Spencer v. Duplan Silk Company, 191 U. S. 526; Muse v. Arlington Hotel Company, 168 U. S. 430; Budzisz v. Illinois Steel Company, 170 U. S. 41; Jones v. United States, 137 U. S. 212....
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Writ of error dismissed for the want of jurisdiction. Jacobi v. Alabama, 187 U. S. 133, 386; Railway Company v. McGuire, 196 U. S. 128; Cox v. Texas, 202 U. S. 446; West v. Louisiana, 194 U. S. 258; Chapin v. Fye, 179 U. S. 127; Louisiana v. Deffele, 44 La. Ann. 581, and cases cited; Louisiana v. Hennessy, 44 La. Ann. 805....
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• Judgment affirmed with, costs. Natal v. Louisiana, 139 U. S. 623; Wilson v. North Carolina, 169 U. S. 586; Hamblin v. Western Land Company, 147 U. S. 531....
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Appeal dismissed for the want of jurisdiction. Schlosser v. Hemphill, 198 U. S. 173; Boom Company v. United States, 202 *585U. S. 613; California Consolidated Mining Company v. Manley, 203 U. S. 579. Certiorari denied. Chicago and Northwestern Railway Company v. Osborne, 146 U. S. 354; McLish v. Roff, 141 U. S. 661; Forsythe v. Hammond, 166 U. S. 506. Mr. John L. Webster and Mr. Carl C. Wright for...
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Writ of error dismissed for the want of jurisdiction. California Powder Works v. Davis, 151 U. S. 389; Dower v. Richards, 151 U. S. 658; Sayward v. Denny, 158 U. S. 180; Michigan Sugar Company v. Michigan, 185 U. S. 112; Mutual Life Insurance Company v. McGrew, 188 U. S. 291. See opinion below, 118 Mo. App. 152....
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Judgment affirmed with costs. Gold Washing and Water Company v. Keyes, 96 U. S. 199; Chesapeake and Ohio Railway Company v. Dixon, 179 U. S. 134; Kansas City Suburban Belt Railway Company v. Herman, 187 U. S. 63; Alabama Great Southern Railway Company v. Thompson, 200 U. S. 206; Morris v. Gilmer, 129 U. S. 328; Offner v. Railroad Company, 148 Fed. Rep. 201; Knuth v. Railway Company, 148 Fed.,Rep. ...
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*583Decree affirmed with costs....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for^a writ of certiorari to the United States Circuit Court of Appeals for thé Ninth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari, to the United States Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit granted.....
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Petition for writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of' Appeals for the Fourth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the United States Circuit *590Court of Appeals for the Eighth Circuit denied. Mr. James S. Botsford, and Mr. William B. Horner for petitioner. Mr. L. C. Boyle and Mr. W. F. Guthrie for respondent....
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Petition for writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of *593Appeals for the Seventh Circuit denied. Mr. Henry W'. Leman for petitioners. Mr. Frank H. Scott and Mr. Edgar A. Bancroft for respondents....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Ap*592peals for the Eighth Circuit denied. Mr. W. H. H. Miller, Mr. John B. Jones, Mr. Augustin Boice, Mr. U. M. Bose, Mr. G. B. Bose, Mr. W. E. Hemingway and Mr. Herbert B. Marlatt for petitioners. Mr. C. C. Calhoun for respondent....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a *596writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit granted. Mr. Charles A. Moore' for petitioner. The. Attorney General for respondent....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of' certiorari to the United States Circuit Court of Appeals for the First Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit denied....
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Petitions for writs of certiorari to the United States Circuit Court of Appeals for the Sixth .Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for writs of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the ■ United States Circuit Court of Appeals for the Second Circuit denied....
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Petitions for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Dismissed on motion of Mr. L. T. Michener for the plaintiff in error....
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Dismissed with costs, on motion of counsel for plaintiffs in error....
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Dismissed with costs, on motion of Mr. C. A. Magaw, the case having abated by-reason of death of plaintiff in error....
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Dismissed with costs, pursuant to ^ the fifteenth rule, on motion of Mr. George H. Lamar in behalf of counsel for the appellees....
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Dismissed, per stipulation....
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Dismissed, per stipulation....
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Dismissed with costs, on motion of counsel for the appellant....
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Dismissed, per stipulation....
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Dismissed on motion of Mr. Attorney-General Bonaparte for the plaintiff in error. The Attorney General for plaintiff in error....
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Docketed, and 'dismissed with costs on motion of Mr. H. Prescott Gatley for the defendant in error....
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Docketed and dismissed with costs, on motion of Mr. John Sidney Webb for the defendants in error....
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Dis*600missed with costs, per stipulation, on motion of Mr, Dana Malone for- the defendant in error. Mr. Junius Parker for plaintiff in error. Mr. Dana Malone for defendant in error....
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Dismissed with costs, on motion of Mr. C. A. Magaw for the plaintiff in error....
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Dismissed, pursuant to the tei’rth rule....
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Dismissed, per stipulation....
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Docketed and dismissed with costs on motion of Mr. Henry M. Hoyt for appellees....
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Dismissed with costs, pursuant to the tenth rule....
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Dismissed with costs, on motion of counsel for appellant....
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Dismissed, per stipulation....
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Dismissed without costs to either party, per stipulation, on motion of...
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Dismissed with costs, on motion of counsel for the appellant, and mandate granted....
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Dismissed, per stipulation....
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Dismissed with costs, pursuant to the tenth rule....
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Dismissed, pursuant to the twenty-eighth rule....
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delivered the opinion of the court. The plaintiff in error was convicted in the Court of First Instance, and, on appeal, by the Supreme Court of the Philippine Islands, of the crime of falsification of a public document by a public official. He brings the case here by writ of error, setting up rights under the Constitution. and statutes of the United States that were denied by the decision belo...
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delivered the opinion of the court. This is a petition for habeas corpus by a Chinese person, alleging that he is detained unlawfully by the General Manager of the Pacific Mail Steamship Company on the ground that he is not entitled to enter the United States. The petition alleges that the petitioner is a resident and citizen of the United *11 States, born in San Fr...
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after making the foregoing statement, delivered the opinion of the court. It is the contention of the plaintiff in error that the assessment upon $94,617.93, made upon office furniture, cash on hand and in bank and the amount receivable upon bills and .accounts payable, is void, except as to the item of office furniture, because of the protection afforded by the Constitution of the United ...
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delivered the opinion of the court. This case originated in an action brought to quiet title to a certain mining claim called the- Slap Jack Mine situated in Tuolumne County, California. The case was twice in the Supreme Court of California. Jn the first trial the Superior Court of Tuolumne County gave judgment in favor of the then defendant McWhirter; on appeal this judgment was reversed....
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delivered the opinion of the court. This case is an action in the Court of Claims brought by William G. Miller, a lieutenant in the Navy, and who served as flag lieutenant on the personal staff of Rear Admiral Kautz from July 1, 1899, to March 2, 1900, for which period he claims that he is entitled to recover pay at the additional rate of $200 a year, as an aid to the rear admiral, and, secondl...
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delivered the opinion of the court. In 1862 the Toledo and Wabash Railway Company owned . and operated a railroad in Ohio and Indiana, and was incorporated under the laws of both States. That part of the property situated in Ohio was then incumbered by two mortgages, one to. the Farmers’ Loan and Trust Company for $900,000, and one to Edwin D. Morgan, Trustee, for $1,000,000. That part of ...
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delivered the opinion of the court. This is a writ of error to the Court of Appeals of the District, of Columbia. The case under review is a proceeding for the condemnation of land needed for the approach to the Union Station in Washington. The plaintiffs in error were the owners of a lot of unimproved land containing ninety acres. It was of irregular shape and one of its shorter boundary lines...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of the State of Florida. . The plaintiffs in error were judgment creditors of Miles C. Jones, the intestate of the defendant in error. The creditors sought to enforce the judgment by a levy of execution. The question in the case is whether Jones was discharged from the debt by a discharge in bankruptcy granted...
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after making the foregoing statement, delivered the opinion of the court. ' . This case depends upon the construction to be given to § 452, Rev. Stat. If Prosseris original entry was forbidden by the above statute,-then nothing stood in the way of that entry béing canceled by order of the Secretary of the Interior in a .proceeding that directly involved its validity. On the other hand, if he ac...
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after making the foregoing statement, delivered the opinion of the court. We have seen that before the execution of the deed of trust, under which the plaintiff claims, taxes to the amount of $4,000 had accrued to the United States against the distiller Stephens, which he neglected, upon demand, to.pay. What were the rights of th.e United States after such demand and failure to pay? This q...
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after making the foregoing statement, delivered the opinion of the court. The petitioners base their application for relief in this court upon the contention that the Circuit Court had no jurisdiction in the case brought by the Pennsylvania Steel Company, and others,- against the New York City Railway Company, to appoint receivers, or to grant any relief asked for in the bill of complaint ...
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delivered the opinion of the. court; Article 2 of the Tennessee constitution of 1870 provides": “Sec. 28. All property, real, personal or mixed, shall be taxed, but the legislature may except such as may be held by the State, by counties, cities or towns, and used exclusively for public or corporation purposes, and such as m'ay be held or used for purposes purely religious, charitable...
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delivered the opinion of the court. ' Not unmindful that upon this record we- are bound by the findings of fact below made and are confined to determining whether the facts as found sustain the judgment, if there is evidence supporting the findings, and, without departing from that rule, we at the outset refer, in chronological order, to some facts which aré alleged in the pleadings, which are ...
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delivered the opinion of the court. The petitioner is in custody for contempt, he having violated a preliminary. injunction issued by the Circuit Court of the United States. He brings this petition on the ground that the -Circuit Court had no jurisdiction, and that therefore its decree might be disobeyed. The jurisdiction of the Circuit Court over the cause depends on the'allegations ...
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delivered the opinion of the court. This case is here by appeal from the Court of Appeals of the District of Columbia. • The case originated in an action brought against the then Postmaster General (Mr. Payne) to compel him to- enter and transmit. certain publications of the complainants, Houghton, Mifflin & Company, as second class matter instead of third class as ruled by the Postmaster ...
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delivered the opinion of the court. This case involves the constitutionality of certain provisions of the act of Congress of June 1, 1898, 30 Stat. -424, c. 370,-*167concerning carriers engaged in interstate commerce and their employés. By the first section of the act it is provided: “That the provisions of this act shall apply to any common carrier or carriers and their officers, agents, and empl...
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after making the foregoing statement, delivered the opinion of the court.' Speaking generally, the regulation of municipal corporations is a matter peculiarly within the domain of state control. The taxing body, the taxing district and the limits of taxation are determinable' by the legislature of the State. Kelly v. Pittsburgh, 104 U. S. 78; Forsyth v. Hammond, 166 U. S. 506, and cases c...
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after making the foregoing statement, delivered the opinion of the court. Other phases of this controversy have appeared in the courts below and are reported sub nomine United States v. Three Packages of Distilled Spirits, in 125 Fed. Rep. 52, and 129 Fed. Rep. 329. After the reversal of the judgment of forfeiture and the'granting of a new trial by the Circuit Court o...
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after making the foregoing statement, delivered the opinion of the- court. The questions arising on this writ of error are, in some respects,' different in regard to the different railroads who are defendants in error, but as to the matters now to be discussed all occupy the same position. In’ their petition to the Commission the petitioners in that proceeding complained of the rate of transportat...
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delivered the opinion of the court. ■The plaintiff in error brought this action in a District Court of the State of Colorado to recover from the defendants in error the possession of an undivided interest in the Comstock Lode mining claim, situated in that State. Both parties claimed-title under Wilhelmina Gude, who was agreed to have been the owner of the interest in dispute; the defendan...
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delivered the opinion of the court. Within the grants of land made to the Union Pacific Railroad Company and the Sioux City and Pácifie Railroad Company by the act of Congress óf July .l, 1862, c. 120, 12 Stat. 489, ánd the amendatory act of July 2, 1864, c. 216, 13 Stat. 356, some of the land within place limits overlapped. This controversy concerns the title to a forty-acre tract within ...
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delivered the opinion of the court. This case was argued with Missouri Valley Land Co. v. Wiese, No. 101, of this term, just decided, ante, p. 234, and in all essential particulars the two cases are alike., Wrich purchased, his land in 1881 from the Union Pacific Railroad Company and received his deed in 1890.. The land lay within overlap grants to the- Unión Pacific Company and the Sioux...
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delivered the opinion of the court. This action was brought by the defendant in error against plaintiff in error in the District Court of Foster County, State of North Dakota, to recover compensation for injury to his land by the construction and operation of the railroad oí the plaintiff in error. Defendant in error has a patent to the land, and the question is. whether before his se...
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delivered the opinion of the court. This is a suit brought by the appellee, to restrain the infringement of copyright in a book entitled “Webster’s High School Dictionary.” The appellee, a Massachusetts corporation, took out copyrights at the same time in England and here. It published and sold the book in this country with the statutory notice of copyright, and made a contract with Englis...
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delivered the opinion of the court. This suit was brought in the Superior Court of Cook County; Illinois, by the Hall Safe and Lock Company against' the Herring-Hall-Marvin Safe Company, and was removed by the latter to the United States Circuit Court. The bill sought to enjoin the defendant from representing itself to be the successor of the Hall Safe and Lock Company and otherwise, as ne...
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delivered the opinion of the court: This was an action brought in the Circuit Court for the District of Connecticut under § 7 of the Anti-Trust Act of July 2, 1890, c. 647, 26 Stat. 209, claiming threefold damages for injuries inflicted on plaintiffs by a combination or conspiracy declared to be unlawful by the act. Defendants filed a demurrer to the complaint, assigning general and' ...
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delivered the opinion of the court. This was a suit by the receiver of the bank as a judgment creditor in the District Court of the Third Judicial District of the Territory of Arizona, in and for the county of Maricopa, to set aside two deeds executed by Lewis, the debtor,- to his wife, and have the property therein described subjected to the payment of his judgment. The cáse was tried upon a...
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after making the foregoing statement, delivered the opinion of the court. The certificate below included the libel in full and certified four questions; but we are not called upon to answer them seriatim, and must determine the case on our conclusion as to whether the record discloses a maritime tort justifying the exercise of. admiralty jurisdiction. In The Plymouth,...
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.delivered the opinion of the court. .The Düluth and Superior Bridge Company owned and operated a bridge between the cities of Duluth, Minnesota, and Superior, Wisconsin, .over the St. Louis River, a navigable stream. The bridge was equipped with' a swinging span, supported on a.turntable resting on a base of stone and piles driven into the bottom of the river, leaving a space for the pass...
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after making the foregoing statement, delivered the opinion of the court. This is an appeal from a court of bankruptcy, “not within any organized circuit of the United States,” from a judgment adjudging Pascasio Alvarado; a bankrupt under §24a and § 25a of the bankruptcy act, and General Order XXXVI, 3. . The errors assigned in reference to the action of the referee and of the court, ...
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after making the foregoing statement, delivered the opinion of the court. The question is presented at the threshold of the case as to whether or not the proceedings in Ibe Circuit Court of Appeals for the Sixth Circuit and the judgment therein rendered were absolutely void for want of jurisdiction. If' they were .not, this writ of error cannot be maintained, as judgments of the Circuit Co...
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after making the foregoing statement, delivered the opinion of the court. From the above statement it appears: That the lands allotted in severalty to Indians in conformity with the act of February 8, 1887, were- to be held for the period of twenty-five years by the United States in trust for the sole *350 use and benefit of the Indian allottee or his- heirs, when a forma...
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delivered the opinion of the court. The principal question in this case—now before.us upon writ of certiorari' for the review of a final order of the Circuit Court of Appeals for the Ninth Circuit-—is. stated by counsel-to be this: Is a complainant, who has in good faith prosecuted a suit Upon a good cause of action, and upon whose application. the court has- properly appointed a receiver, and ...
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delivered the opinion of the court. •Complaint having been made in due form that the Cosmopolitan Club, a corporation of Virginia, formed to promote social intercourse, athletic and physical culture, and to encourage manly sports, had violated and evaded the laws of that commonwealth regulating the licensing and sale of liquors,.. the corporation court of the city of Norfolk, where the clu...
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delivered the opinion of the coúrt. There was some cfifference of opinion between counsel upon *389 the question whether certain papers, printed by the defendant, constituted any part of the record which this court could examine upon the present writ of error. > While this is not an important matter in view of our conclusion as to the controlling questions in the case it is appropriate t...
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delivered the opinion of the- court. This is a criminal prosecution under an- act of Congess regulating the immigation of aliens into the United States. By the act of March 3, 1875, c. .141, relating to immigation, it was made a felony, punishable by imprisonment not exceeding five years and by fine not exceeding five thousand dollars, for any one knowingly and willfully to import or ...
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after making the foregoing statement, delivered the opinion of the court. A motion is made to dismiss on the ground that the jurisdiction of the Circuit Court was invoked solely on the ground of the diversity of citizenship of the parti.es, and hence the decree of the Circuit Court of Appeals was final. The motion must be overruled. Diversity of citizenship was, it is true, alleged in the ...
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delivered the opinion of the court. On February 19, 1903, the legislature of. the State of Oregon passed an act (Session Laws, 1903, p. 14$), the first section of which is in these words ;■ “Sec. 1. That no female (shall) be employed in any me- . chanical establishment, 6r factory,, or laundry in this State more than ten hours, during any one' day. The hours of work. may be so arranged as to ...
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delivered the opinion of the court. By a decree óf the Circuit Court of the United States for the District of Massachusetts, James D. Colt was appointed receiver of the property and assets of the Haight & Freese Company, a New York corporation, then ostensibly engaged in business as stockbrokers in New York, Boston, Philadelphia and other cities. Subsequently, and on May 9, 1905, in the Ci...
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delivered the opinion of the court. In a contest in a Hawaiian court of probate certain documents were held not to have been executed under undue influence, and were admitted to probate as the last will and testament and. codicils thereto of Charles Notley. . On appeal to the Circuit Court, in term, upon motion of the contestants, a jury was impanelled to try issues of fact embodied in two ques...
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delivered the opinion of the court. At the time of the death of Francisco Gonzalez de la Fuente he was the owner of an undivided half interest in a piéce of real estate known as No. 69 on the Escolta, Manila, of an undivided half interest in a house known as No. 97 Calle Palacio, Province of Mamarines, Philippine Islands, and likewise of an undivided half interest in a certain hacienda. Besides...
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delivered the opinion of the court. The act of Congress, commonly referred to as the Hepburn law, was enacted June 29, 1906. 34 Stat., chap. 3591, p. 584. In November, 1906, in a District Court of the United States for Minnesota, the Great Northern Railway Company and several of its officials were indicted for violations of the act of February 19, 1903, commonly known as the Elkins act. 32...
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after making the foregoing statement, delivered the opinion of the court. The .plaintiff in error asserts, that a. license, tax, such as is provided in this ordinance, is a tax upon the seller of the goods under the license, and therefore a tax upon the goods themselves (Kehrer v. Stewart, 197 U. S. 60), and as they were brought into the State from another • State the...
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delivered the opinion of the court. This is an appeal from a judgment of . the Circuit Court of the United States for the Southern District of Alabama, sustaining-the demurrer of the City of Mobile to a bill filed by the appellants, and dismissing the same. It appears that the appellants sought to obtain- an injunction to restrain the city from collecting the amount of the license tax 'imposed ...
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after making the foregoing statement,. delivered the opinion of the court. An act providing for an indeterminate sentence was first passed in Michigan on July 1, 1889, No. 228, p. 337, and was declared unconstitutional by the Supreme Court of that State. People v. Cummings, 88 Michigan, 249. A constitutional amendment was subsequently adopted (1901), which authorized ...
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after making,the foregoing statement, delivered the. opinion of the court. The appellant insists that, the Circuit Court had no jurisdiction of this suit, because all the parties are citizens of Tennessee. We think, however, that jurisdiction existed, because the case is one arising under the Constitution of the United Státes, the complainant insisting that' under such Constitution the law...
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after stating the case as above, delivered the opinion of the court. The assignment of errors attacks the decree of the Supreme Court because (1) the court decided or assumed that the defendant was in contempt for not complying with the order for temporary alimony. (2) In so holding or deciding, though defendant had not been cited to show cause why he should not be adjudged in contempt for not ...
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delivered the opinion of the court. This is an action of ejectment for certain mining ground in the Territory of New -Mexico.. Plaintiffs in. error claimed title by virtue of a sheriff’s sale in proceedings against Dye, one of the *516 defendants in error, reinforced by certain declarations of the latter, which, it is contended, constitute an estoppel against him to assert the...
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delivered the opinion of the court. • This writ of error is directed to a judgment sustaining a demurrer to a complaint in an action to recover certain moneys *530 collected by the defendant who is an Indian agent, for timber •cut from plaintiff’s allotment. The cáse comes directly from the Circuit Court as involving the construction of a treaty. The plaintiff is an infan...
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delivered the opinion of the court. This is an action brought by defendant in error against plaintiff in error for $8,000, for the conversion of 410 head of cattle. The case was tried to a jury, which returned a verdict for the sum of $7,436.06. The jury also returned with the general verdict answers to special interrogatories which were submitted at the request of the Commission Company. Judgm...
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delivered the opinion of the court. This suit was brought by the receiver of the Capitol National Bank of Guthrie, Oklahoma Territory, which we shall call the Guthrie Bank, to recover the amount of an alleged deposit in the City National Bank of Kansas City, Missouri, *542 which we shall call the City Bank. At a trial without a jury in tjhe Circuit Court the facts were found a...
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delivered the opinion of the court. This is a complaint ©r bill agáinst the Assessor, -the Treasurer and ex officio Collector, and the District 'Attorney of the County of Bernalillo, New Mexico, to enjoin the.reassessment of-a tax on stock and real estate for the year 1903 upon the plaintiff bank, which the plaintiff is informed and believés the defendants will attempt. The bill alleges that ...
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delivered the opinion of the court. This is the suit referred to in Donnell v. Herring-Hall-Marvin Safe Company, ante, p. 267. It was brought by the petitioner against the respondents to enjoin them from carrying on their business under their present name or any name calculated to make purchasers believe that they are dealing with the establishment founded by Joseph L...
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delivered the opinion of the court. This is a claim for annuities granted by the treaty of July 23, 1851, 10 Stat. 949, but declared forfeited by the act of February 16, 1863, c. 37, 12 Stat. 652, in consequence of a great outbreak and massacre by the Indians. The claim is made *562 under the Indian appropriation act of June 21, 1906, c. 3504, .34 Stat. 325, p. 372, the material part of which...
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delivered the opinion of the court. The Disconto Gesellschaft, a banking corporation of Berlin, Germany, began an action in the Circuit Court of Milwaukee County, Wisconsin, on August 17, 1901, against Gerhard Terlinden and at- the same time garnisheed the' First National Bank of Milwaukee. The bank appeared and admitted an indebtedness to Terlinden of $6,420. The defendant in error Umbrei...
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208 U.S. 583 (1908) NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA ex rel. THE CITY OF DULUTH. No. 92. Supreme Court of United States. Argued December 20, 23, 1907. Decided February 24, 1908. ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. Mr. Charles W. Bunn for plaintiff in error. Mr. Bert Fesler for defendant in error. *587 MR. JUSTICE DAY delivered the opinion of the court. This...
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delivered the opinion of the court. This case comes here from the Supreme Court of Minnesota, to review a judgment of that court affirming a judgment in mandamus of the St. Louis County Court in that State, which required the Northern Pacific Railway Company, plaintiff in error, to repair a certain viaduct in the city of Duluth, carrying the railway company’s tracks over Lake avenue. 98 Mi...
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after making the foregoing statement, delivered the opinion of the court. The condemnation of land in this case has been held by the courts of Virginia to be authorized by the constitution and laws of that State,, and we have no right to review that aspect of the decision. The law of Virginia permits no exercise of the right of eminent domain except for public uses. Fallsburg Power C...
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after making the foregoing statement, delivered the opinion of the court. In the original decision of this cause we treated the proceeding in the state court as one whose sole direct purpose was to procure a sale of the railroad property in satisfaction of the lien which the holders of the equipment bonds asserted against it. We assumed that the judgment of the state court was one for the ...
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Judgments affirmed with costs. Rippey v. Texas, 193 U. S. 504; case below, 70 Kansas, 1, and cases cited....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied....
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Judgments affirmed with costs. Knight v. United Land Association, 142 U. S. 161; San Francisco City and County v. Le Roy, 138 U. S. 656; case below, 139 California, 370....
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Judgment affirmed. Chesebrough v. United States, 192 U. S. 253; United States v. New York and Cuba Mail Steamship Company, 200 U. S. 488....
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Original.Petition for appeal denied for the want of jurisdiction....
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Petition for a .writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for'a writ of certiorari to the United. States-Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit granted....
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Dismissed with costs, pursuant to the tenth rule....
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Dismissed with costs, pursuant to the tenth rule....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States .Circuit Court of Appeals for the Seventh Circuit denied.....
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Petition for a writ of- certiorari- to the United States Circuit .Court of Appeals for the Eighth Circuit denied....
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Dismissed with costs, pursuant to the tenth rule....
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No opinion found. Click here to view source material....
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Dismissed with- costs, pursuant to the. tenth rule....
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concurring specially. In view of the facts and opinions in this country and abroad to which my brother Day has called attention I do not feel *19justified in dissenting from the judgment of the court, but the result is to give to copyright less scope than its rational significance and the ground on which it is granted seem to me £0 demand. Therefore I desire to add a few 'words to what he has said...
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delivered the opinion of the court. The appellants are the proprietors of a mercantile agency which publishes at intervals a copyrighted book of reference containing lists of merchants, manufacturers and traders in the United States and the North American British possessions. The book contains information as to the business, capital and credit rating of those who are enumerated in it. The infor...
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delivered the opinion of the court. The plaintiff in error, a citizen of New York, brought this suit in equity in the Supreme Court of New York against the defendant railroad, a citizen of Minnesota, and the other defendant, its president, also a citizen of Minnesota. The complaint set forth in substance the following facts upon which the right to relief was claimed: The plaintiff was a st...
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delivered the opinion of the court. This case comes up on a writ of error to the United States Circuit Court, after a conviction of the plaintiff in error of murder without capital punishment. The chief error assigned is that the court proceeded without jurisdiction — an objection *37 taken by demurrer and renewed in other forms. The crime was committed upon'land bought by the United States i...
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delivered the opinion of the court. This is an indictment for soliciting a contribution of money for political purposes from an employé of the United States in a post office-building of the United States occupied by thd *42 ' employ é in the discharge of his duties. By the Civil Service Act of January 16, 1883, c. 27, .§ 12, 22 Stat. 403, 407, “No person shall, in any room or building occup...
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delivered the opinion of the court. This is a writ of error to review a judgment of the District Court dismissing a complaint purporting to be brought under Rev. Stat. § 563, the sixteenth clause of which gives the District Courts jurisdiction “of all suits brought by any alien for a tort ‘ only ’ in violation of the law of nations, or of a treaty of the United States.” 142 Fed. Rep. 858. See 1...
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delivered the opinion of the court. This is an appeal from a judgment on demurrer dismissing the appellant’s complaint. The prayer of the complaint is to have declared and foreclosed a mortgage lien on certain land as against the defendants, who also claim liens upon the same, and is based upon a written agreement set forth. This instrument recites that the appellant and William J. Rainey have ...
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delivered the opinion of the court. These cases are here upon writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. By stipulation there was a single petition for certiorari and the cases in the Circuit Court of Appeals were considered together on the record in the Armour Packing Company case, and, as it is conceded in the brief of the learned counsel for the pe...
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delivered the opinion of the court. The counsel for the petitioner and the Solicitor General for the United States having filed a stipulation in writing in this cause, agreeing to abide the result of the Packing Company cases just decided (Nos. 467, 468, 469 and 470), it is hereby ordered that the judgment of the Circuit Court of Appeals in this case be Affirmed. Mr. Justice Moody took-no part i...
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after making the foregoing statement, delivered the opinion of the court. Plaintiff in error contends: (1) That his right to practice law in the Philippine Islands was expressly guaranteed by Article IX of the Treaty of Paris and recognized by § 13 *96 of the Philippine Code of Civil Procedure; (2) That the Supreme Court of the Philippine Islands had no power, jurisdiction or authority to den...
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making the foregoing statement, delivered the opinion of the court. In Chicago, Burlington & Quincy Railway Co. v. Williams, 205 U. S. 444, 454, we had occasion to consider the scope and meaning of the sixth section of the Judiciary Act of March 3, 1891, authorizing a Circuit Court of Appeals, in every case within its jurisdiction, to certify questions or propositions...
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after making the foregoing statement, delivered the opinion of the court. . It is unnecessary to define the full scope and meaning of the prohibition found in § 3 of the Interstate Commerce Act — or even to determine whether the language is sufficiently definite to make the duties cast on the Interstate Commerce Commission ministerial, and therefore such as may legally be imposed *1...
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209 U.S. 123 (1908) Ex parte YOUNG. No. 10, Original. Supreme Court of United States. Argued December 2, 3, 1907. Decided March 23, 1908. PETITION FOR WRITS OF HABEAS CORPUS AND CERTIORARI. *134 Mr. Thomas D. O'Brien, Mr. Herbert S. Hadley[1] and Mr. Edward T. Young, with whom Mr. Royal A. Stone, Mr. George T. Simpson and Mr. Charles S. Jelly were on the brief, for petitioner. Mr. Charles W. Bunn...
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209 U.S. 205 (1908) HUNTER, SHERIFF OF BUNCOMBE COUNTY, NORTH CAROLINA, v. WOOD. No. 474. Supreme Court of United States. Argued December 18, 19, 1907. Decided March 23, 1908. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA. *208 Mr. E.J. Justice, Mr. J.H. Merrimon and Mr. C.B. Aycock for appellant on the point of whether the remedy of habeas corpus w...
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209 U.S. 211 (1908) GENERAL OIL COMPANY v. CRAIN, INSPECTOR OF COAL OIL. No. 128. Supreme Court of United States. Argued January 23, 1908. Decided March 23, 1908. ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. *216 Mr. H.J. Livingston, Junior, with whom Mr. Thomas B. Turley was on the brief, for plaintiff in error. Mr. Charles T. Cates, Junior, Attorney General of the State of Tennessee, f...
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delivered the opinion of the court. This is an action'for a commission of $2.50 an acre on 10,000 acres of coal land belonging to the defendant, the. plaintiff in error, for which, although not sold, the defendant in error, the plaintiff, says that he furnished a purchaser, satisfying the terms of the understanding on which he was employed. The errors alleged and now insisted upon are the givin...
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delivered the opinion of the court. This is an appeal from a judgment of the Court of Appeals of the District of Columbia. The appellee Carrie L. Munn was *247 the owner of a lot of land, with a dwelling house thereon, situated on Massachusetts avenue, in the city of Washington. The premises adjoining this lot were owned by Stilson Hutchins, one of the appellants. Mrs. Munn’s dwelling house d...
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delivered the opinion of the court. A statute of the State of Kansas makes it a misdemeanor, punishable by fine or imprisonment, or both, for any person to transport into the State cattle from any point south of the south line of the State, except for immediate slaughter, without hav *254 ing first caused them to be inspected and passed as healthy by the proper state officials...
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delivered the opinion of the court.. This is a writ of error by which it is sought to reexamine a judgment of the Supreme Court of the State of- Iowa. The judgment affirms the conviction of the plaintiff in error of the crime of murder in the first degree. The Code of Iowa contains the following provisions: “ (4727) Whoever kills any human being with malice aforethought, either express or i...
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after making the foregoing statement, delivered the opinion of the court. The contention of appellant is that as testatrix could not read, and as the will was not read to her at the time of its execution, it was therefore to be presumed that she did not know the. contents of the will when she executed it, or that the jury ought not to have been allowed to presume from the evidence produced...
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after making the foregoing statement, delivered the opinion of the court. When the plaintiff rested the court overruled a demurrer to the evidence. This ruling, however, cannot avail the defendant, whatever the defects then in the case, for thereafter it proceeded to introduce testimony in its own behalf, and this waived any supposed error. Accident Insurance Company v. Cr...
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delivered the opinion of the court. These several appeals were taken by the various appellants from the same decree. We dispose of them together. The transcript is voluminous and confused. Following the order of the court below and the direction of the counsel for all the appellants, not objected to by the counsel for- the appellee, the transcript contains all the proceedings, all the test...
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after making the foregoing statement, delivered the opinion of the court. The demurrer put in by the plaintiff in error is founded upon an ¿mendment of the above mentioned act, which, it is contended, applies to the case before us. The amendment is set forth in the margin. 1 *312 The record shows that the contract between Flaherty and the United States' was entered into December 10, 1903,...
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after making the foregoing statement, delivered the opinion of the court. The record shows that the defendant company was first incorporated in Vermont in 1848 by act of the legislature, under the name “ National Life Insurance Company of the United *323 States,” but in 1858 the legislature of that State altered the name to “ National Life Insurance Company,” and th...
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after making the foregoing statement, delivered the opinion of the court. The only question before the court is as to the construction *332 of the language of the reinsurance compact. The term “reinsurance ” has a well-known meaning. That kind of a contract has been in force in the commercial world for a long number of years, and it is entirely different from what is termed “d...
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delivered the opinion of the court. The appellee imported into Porto Rico from France thirty cases of red wine, twenty-four bottles to the case, and each bottle containing more than one pint and less than a quart of wine. The wine was classified by appraisers at the port of San Juan under paragraph 296 of the present tariff act and the reciprocity treaty with France of May 30, 1898, a...
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after making the foregoing statement, delivered the opinion of the court. The Court of Appeals of Kentucky opened its opinion in this case by saying that the whole question presented was whether the statute of the State, “imposing a tax on distilled spirits in bonded warehouses,” violated the Federal Constitution, and particularly the Fourteenth Amendment thereof. It was also said that the...
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delivered the opinion of the court. This is an information, alleging that the defendant (the plaintiff in error), under a contract with the City of Bayonne in New Jersey, has laid mains in that city for the purpose of carrying water to Staten Island in the State of New York. By other contracts it is to get the water from th» Passaic River, at Little Falls, where the East Jersey Water Company ha...
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delivered the opinion of the court. The case originated in a bill in equity filed by the Yazoo and Mississippi Valley Railroad Company against the Mayor and Aldermen of the city of Vicksburg, to enjoin the collection of certain municipal taxes on the property of the railroad company assessed for the year 1901. The biil was demurred to; the court below sustained the demurrer and render...
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delivered the opinion of the court. This case comes here upon a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit. The petitioner Richardson brought suit in the District Court of the United States for the Southern District of New York, as trustee in bankruptcy of J. Francis Brown, against John M. Shaw and Alexander Davidson, respondents, to recover cer...
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delivered the opinion of the court. This case was argued and submitted with Henry Richardson, as Trustee in Bankruptcy, v. John. M. Shaw and Alexander Davidson, No. 122, just decided, ante p. 365. To the extent which the case involves the same general questions as to the legal relations of' stockbrokers and customers, we need not repeat the discussion had i...
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delivered the opinion of the court. This is a proceeding to review the judgment of the Supreme Court of the Territory of Oklahoma, affirming the judgment of the District Court of Noble County in that Territory, denying a peremptory writ of mandamus to the plaintiff in error, also plaintiff below, seeking to compel the recognition of certain- judgments and the levy of taxes by the city offi...
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delivered the opinion of the court. These cases were submitted together and are in all respects similar, and involve the constitutional validity of subdivision 40 of an. act of the legislature of Alabama imposing license taxfcs, “to better provide for the revenue of the Státe,” General Acts, 1903, p. 207, which reads as follows: “For each person engaged in the business of buying and selling f...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of Michigan. That court rendered judgment for the. defendants in error, who were the original plaintiffs, against the plaintiff in error, who was the original defendant, in an action of ejectment to recover a certain lot of land. The defendant was at one tim§ the owner of the land in dispute, but it was convey...
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delivered the opinion of the court. This is a writ of error to a Surrogates’ Court of the State of Néw York. The judgment brought under review was entered in obedience to a judgment of the Court of Appeals of that State. The judgment imposed a transfer tax upon certain real property devised by the will of Joseph Stickney, deceased. The tax was properly assessed if an act purporting to be passed...
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after making the foregoing statement, delivered the opinion of the court. The Supreme Court of the Territory, in its opinion, discussed only two of the questions urged upon its consideration, to wit (1) the legal power of the Shawnee Compress Company to execute the lease; and (2) the purpose in its execution to secure a monopoly of the business of compressing cotton and to unlawfully restr...
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after making the foregoing statement, delivered the opinion of the court. The motion to remand presented for decision the question whether there v/as in the case a controversy wholly between citizens of different States, to the complete determination of which the State of Nebraska was not an indispensable party. If defendant’s contention was correct, the action could have been originally b...
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delivered the opinion of the court. This is a bill in equity brought by the United States to remove a cloud from its alleged title to two islands, numbered One and Two, in the Sault Ste. Marie, between Lake Huron and Lake Superior. The islands are in the rapids of the river or strait, on the American side of the Canada boundary line, and near to a strip of shore lying between the rapids an...
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delivered the opinion of the court. The plaintiff in error, Liu Hop Fong, on November 23,1904, was arrested upon the sworn complaint of the United States district attorney and brought before a United States commissioner at Omaha, Nebraska, charged with being -unlawfully within the United States of America, living and residing at Omaha, Nebraska, and there pursuing the occupation of a commo...
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delivered the opinion of the court. •There can be no doubt upon this record, confused though it be, as to the real nature of the present case. The substantial facts are these: In December, 1890, one Sweet, claiming to be owner of certain town lots covered by a patent to him from the State of Texas, of date December 10, 1885, conveyed the same by deed (his wife uniting with him) to J. G. Bogar...
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delivered the opinion of the court. .Plaintiff in error was convicted in the Court of Oyer and Terminer of Middlesex County, N. J., of the crime of murder. His conviction was successively affirmed by the Supreme Court of the State and the Court of Errors and Appeals. 68 Atl. Rep. 210. He attacks the judgment on the ground that, he has been deprived of the equal protection of the laws, in violat...
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delivered the opinion of the court. This is a writ of error prosecuted to review a judgment sustaining taxes levied by Jersey City upon lands of the plaintiff in error lying between the middle of New York Bay and its low water line on the New Jersey shore. It is argued that this land, although it belonged to New Jersey until conveyed, is not within its jurisdiction, and cannot be taxed und...
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delivered the opinion of the court. This is an appeal directly from the Circuit Court from a decree dismissing the bill of appellants for want of jurisdiction. The bill sought an injunction against certain acts of the ap-pellee, who is the dairy and food commissioner of the State of Michigan, and who, it is alleged, under cover of his office is injuriously affecting the reputation and...
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209 U.S. 490 (1908) MATTER OF ALBERT N. MOORE, AN INFANT PETITIONER. No. 17, Original. Supreme Court of United States. Argued March 9, 1908. Decided April 20, 1908. PETITION FOR WRIT OF MANDAMUS. *492 Mr. Thomas T. Fauntleroy and Mr. Shepard Barclay, for petitioner, submitted. Mr. Harold R. Small, with whom Mr. Harvey L. Christie and Mr. P. Taylor Bryan were on the brief, for respondent. *495 MR....
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209 U.S. 514 (1908) COMMONWEALTH OF VIRGINIA v. STATE OF WEST VIRGINIA. No. 4. Supreme Court of United States. Submitted April 7, 1908. Form of decree announced May 4, 1908. IN EQUITY. Mr. William A. Anderson, Attorney General of the State of Virginia, and Mr. Randolph Harrison, for complainant. Mr. John G. Carlisle and Mr. John C. Spooner, with whom Mr. C.W. May, Attorney General of the State of...
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In error to the Court of Appeals of the* State of Kentucky. Dismissed for the want of jurisdiction....
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In error to the Court of Criminal Appeals of the State of Texas. Writ of error dismissed for the want of jurisdiction. Leeper v. Texas, 139 U. S. 462; Duncan v. Missouri, 152 U. S. 377, 382; Gibson v. Mississippi, 162 U. S. 565, 590; Allen v. Georgia, 166 U. S. 138; Brown v. New Jersey, 175 U. S. 172; Layton v. Missouri, 187 U. S. 356; Rogers v. Peck, 199 U. S. 425; case below, 96 S. W. Rep. 1079....
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In error to the Supreme Court of the State of New. York. Writ of error dismissed for the want of jurisdiction. Kansas City, Fort Scott & Memphis Railroad Company v. Daughtry, 138 U. S. 303; Fisk v. Henaril, 142 U. S. 459; McDonnell v. Jordan, 178 U. S. 229; Pennsylvania Company v. Bender, 148 U. S. 255; In re Pennsylvania Company, 137 U. S. 451; Wilson v. North Carolina, 169 U. S. 586, 595....
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In error to the Supreme Court of the State of Illinois. Dismissed for the want of jurisdiction....
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In error to the Kansas City Court of Appeals of the State of Missouri. Writ of error dismissed for the want of jurisdiction. Missouri, Kansas & Texas Railway Company v. Elliott, 184 U. S. 530; Sayward v. Denny, 158 U. S. 180; Corkran Oil and Development Company v. Arnaudet, 199 U. S. 182; Life Insurance Company v. McGrew, 188 U. S; 291; City and County of San Francisco v. Itsell, 133 U. S. 65....
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Appeal from the District Court of the United States for the Northern District of West Virginia. Final order affirmed with costs. Fields v. United States, 205 U. S. 292; S. C., 27 App. D. C. 433; In re Eckart, 166 U. S. 481; In re Coy, 127 U. S. 731....
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Motion for leave to file petition for writ of mandamus denied....
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Appeal from the District Court of the United States for the Southern District of Georgia. Final order affirmed....
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Appeal from the United States Circuit Court of Appeals for the Sixth Circuit. Appeal dismissed for the want of jurisdiction. Chapman, trustee, &c., v. Bowen, 207 U. S. 89; and see Bank v. Klug, 186 U. S. 202....
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In error to the Circuit Court of the United States for the Northern District of Ohio. Dismissed for the want of jurisdiction....
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Petition for a writ of certiorari to *543the United States Circuit Court of Appeals for the Ninth Circuit denied. Mr. Charles S. Voorhees and Mr. Reese H. Voor-hees for petitioner. The Attorney General, The Solicitor General and Mr. Assistant Attorney General Sanford for respondent....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petitions for writs of certiorari to the United States Circuit .Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of. certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit granted....
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*543Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit denied....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Petition for a writ of- certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Cir-. cuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. *548No. 684.' Armand Schmoll, Petitioner, v. The United States. April 13, 1908. _ Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. W. Wickham Smith and Mr. John K. Maxwell for petitioner. The Attorney General and The Solici...
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Cir-. cuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of cer-tiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sécond Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari, to the United States Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit granted....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of cerriorari to the United States Circuit Court of Appeals for the First Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit granted....
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In error to the District Co.urt of the United States for Porto Rico. Dismissed with costs on motion of counsel for plaintiff in error....
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Appeal from the Circuit Court of the United States for the Southern District of California. Final order reversed with costs and catise remanded with directions to discharge the petitioner, without prejudice to a renewal of the application to remove, on confession of error and motion of Mr. Solicitor General Hoyt for the appellee....
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Appeal from the United States Circuit Court of Appeals for the Eighth Circuit....
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In error to the Court of Appeals of the State of Kentucky. Dismissed with costs per stipulation....
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In error to the Supreme Court of the State of Georgia. Upon suggestion of death of plaintiff in error by Mr. W. A. Henderson of counsel for plaintiff in error,, case abated and writ of error dismissed....
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In error to the Court of Civil Appeals of the First Supreme Judicial District of the State of Texas. Dismissed with costs on motion of Mr. Solicitor General Hoyt for the plaintiffs in error....
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Appeal from the Court of Claims. Dismissed on motion of Mr. Frederic D. McKenney for appellant....
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Appeal from the Circuit Court of the United States for the District of Kansas. Dismissed with costs on motion of counsel for the appellant....
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In error to the Court of Civil Appeals of the Third Supreme Judicial District of the State of Texas. Dismissed with costs on motion of counsel for the plaintiffs in error....
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In error to the Court of Civil Appeals of the First Supreme Judicial District of the State of Texas. Dismissed with costs per stipulation....
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delivered the opinion of the court. With the object of saving them from destruction by the flood which engulfed portions of Kansas City on May 31 and the first week of June, 1903, more than three thousand head of cattle belonging to the petitioners, which were in the Kansas City stock yards, were driven and crowded upon certain overhead viaducts in those yards. Eor about seven days, until ...
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delivered the opinion of the court. Jerry Hickey, having the legal qualifications, in March, 1893, *25 settled upon unsurveyed public land of the United States, situated in the Duluth land district, Minnesota» The land was within the territory in which plaintiff in error, hereafter called the railway company, was entitled to make indemnity selections. This right, however, was ...
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after making the foregoing statement, delivered the opinion of the court. The passage of the lessee’s estate from- Brown, the bankrupt, to Williams, the trustee, as of the date of the adjudication, was by operation of law and not by the act of the bankrupt, nor was it by salé. The condition imposed forfeiture if the lessee assigned the lease or the lessee’s interest should be sold under ex...
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after making the foregoing statement, delivered the opinion of the court. We concur in the decree of the Court of Appeals of the District and the reasoning by which its conclusion is supported, as set forth in the opinion of Wright, J., speaking for the court. Washington Law Rep., v. 35, p. 766. The validity of the contract for $27,000 is attacked on the ground that all contracts for sectaria...
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after making the foregoing statement, delivered the opinion of the court. The Federal question presented is, whether the Michigan courts gave force and effect to the first section of Article IV of the Federal Constitution, which provides that “full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.” That this is a Feder...
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delivered the opinion of the court. On July 4, 1898, in the Atlantic Ocean, about sixty miles off Sable Island, as the result of a collision between the British ship Cromartyshire and the French steamship La Bourgogne, bound from New York to Havre, La Bourgogne was hopelessly injured, sank in a short time, and most of her passengers, her captain, other principal officers, and many of the c...
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delivered the opinion of the court. In the month of February, 1905, James Farrell, plaintiff in error, as owner of the Cliff lode mining claim, situated in the Uintah mining district, Summit County, Utah, made application in the United States land office at Salt Lake City for a patent, and published the notice required by Jaw. The defendant in error, as the administrator' of the estate of John ...
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after making the foregoing statement, delivered the opinion of the court. The assignments of error assailing the action of the Supreme Court of the Territory propound two questions for our consideration : 1. Was it error to hold that, as the appellants were the issue of an adulterous relation between their father and mother at a time when the father was the lawful husband of another, they wer...
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after making the foregoing statement, delivered the opinion of the court. The defendant endeavored in the Circuit Court to raise the jurisdictional question arising from the alleged defectivé form *161 and also from the alleged defective manner of service of the writ. It moved to dismiss the writ on account of its form, and pleaded in abatement that the service of the writ was...
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after making the foregoing statement, delivered the opinion of the court. The sole question in this case arises from the action of the Court of Claims in granting, upon the application of the Government, a new trial, April 13, 1896, more than two years subsequent to the entry of judgment in favor of the claimant on the eleventh day of October, 1892, although the application for such new trial h...
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after making the foregoing statement, delivered the opinion of the court. There is no question of the regularity of the proceedings. The controversy, therefore, is over the statute. Does it afford due process of law? A review of it is necessary to the determination of the question. It provides that upon the petition to the common council of two-thirds of the whole line of lots bordering on any ...
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after making the foregoing statement, delivered the opinion of the court. The defendant railroad companies in their motion to dissolve the temporary injunction urged as grounds thereof, among others, that the injunction imposed a direct and unnecessary burden upon and was an interference with interstate commerce and an interference with the carrying of United States mail. To those grounds ...
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delivered the opinion of the court. This is a bill in equity brought by the petitioner to rescind a sale to it of certain mining rights and land by the defendants’ testator, or in the alternative to recover damages for the sale. The bill was demurred to and the demurrer was sustained. 136 Fed. Rep. 915. Then the bill was amended and again demurred to, and again the demurrer was sustained, ...
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delivered the opinion of the court. This is an action against certain railroads to recover taxes and penalties. The Supremo Court of the State held the penal *224 ties to be void under the state constitution, but upheld the tax. 97 S. W. Rep. 71. The railroads bring the case here mainly on the ground that the law upon which the action is based is an attempt to regulate commerc...
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delivered the opinion of the court. This is an'action upon a Missouri judgment brought in a court of Mississippi. The declaration set forth the record of the judgment. The defendant pleaded that the original cause of action arose in Mississippi out of a .gambling'transactipn in cotton futures; that he declined to pay the loss; that the controversy was submitted to arbitration, the question...
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delivered the opinion of the court. This case is here upon certificate from the Circuit Court of Appeals for the Eighth Circuit. The facts certified are: R. H. Williams had been adjudicated a bankrupt on January 13, 1904, in the District Court of the United States for Colorado. On the seventeenth of May, 1905, it appears that the trustee in bankruptcy (following § 60d) petitioned the ...
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delivered the opinion of the court. These cases were submitted together and involve the effect of certain ordinances of the city of St. Louis, which are alleged to be binding contracts protected by the Federal Constitution. A bill was filed in the Circuit Court of the United States for the Eastern District of Missouri by the United Railways Company of St. Louis and the St. Louis Trans...
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delivered the opinion of the court. The defendant in error, as administratrix of George W. Taylor, brought, in the Circuit Court of the State of Arkansas, this action at law against the plaintiff in error, a corporation owning-and operating a railroad. Damages were sought, for the benefit of Taylor’s widow and next of kin, on account of his injury and death in the course of his employment ...
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after making the foregoing statement, delivered the opinion of the court. This suit was brought under an act of the legislative assembly of Porto Rico, entitled “An act to confer original jurisdiction on the Supreme Court of Porto Rico for the trial and adjudication of certain property claimed by the Roman Catholic Church in Porto Rico,” approved March 10, 1904, as follows: “ Be...
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after making the foregoing statement, delivered the opinion of the court. Soon after the filing of the record in this court the Attorney General of Missouri submitted a motion to dismiss the writ of error or to affirm, and the determination of the motion was postponed until the hearing on the merits. The cause having been *333 argued, the motion to dismiss or affirm must now be disposed of. ...
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delivered the opinion of the court. This is a bill in equity to enjoin the appellant, hereafter called the defendant, from operating its railroad over certain land in Leavenworth, formerly belonging to tlie plaintiffs intestate, until a judgment against the defendant’s predecessor in title for the damages caused by the appropriation of the land should be paid. It appears from the bill, amo...
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delivered the opinion of the court. The complainant in the Circuit Court, appellant here, "the Bobbs-Merrill Company, brought suit against the respondents, appellees here, Isidor Straus and Nathan Straus, partners trading as R. H. Macy & Company, in the Circuit Court of the United States for the Southern District of New York, to restrain the sale of a copyrighted novel, entitled “ The Cast...
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delivered the opinion of the court. These actions were submitted at the same time and admittedly involve the same questions of law. The suits were^ brought, the one by a partnership, as Charles Scribner’s Sons, *353 and the other by a corporation, Charles Scribner’s Sons, incorporated, against R. H. Macy & Company, to restrain the selling at retail of the complainant’s books, ...
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delivered the opinion of the court. This case is here upon writ of error to the Circuit Court of the United States for the District of Massachusetts, upon a question of its jurisdiction to entertain a suit to recover damages for an alleged infringement of- the copyright of a map. The Revised Statutes of the United States, § 711, par. 5, give jurisdiction to the courts of the United. S...
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delivered the opinion of the court. The plaintiff in error brought this action at law against the defendant in error in the Circuit Court for the District of Montana. Jurisdiction was based solely on the diversity of citizenship of the parties. The plaintiff was a citizen of Utah and the defendant a citizen of New York. The judge of,the Circuit Court dismissed the action for want of jurisd...
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delivered the opinion of the court. The plaintiffs in error began this proceeding in a state court of Colorado to relieve lands owned by them from an assessment of a tax for the cost of paving a street upon which the lands abutted. The relief sought was granted by the trial court, but its action was reversed by the Supreme Court of the State, which ordered judgment for the defendants. 33 C...
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after making the foregoing statement, delivered the opinion of the court. The first inquiry must be whether there is jurisdiction of this appeal, which was taken from the Circuit Court directly to this court. Since the passage of the act establishing the Circuit Court of Appeals (26 Stat. 826), appeals in habeas corpus cases from the District and Circuit Courts can only be taken to the Circui...
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after making the foregoing statement, delivered the opinion of the court. The defense of want of invention in the Liddell machine is not urged here, because it is said that the decision of that question depends upon mechanical comparisons, too numerous and complicated to be conveniently made by a bench of judges, and because, though the Liddell patent approaches closely the prior art, it “...
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