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Opinions in s-ct Volume 3

delivered the opinion of the court. The indictment against the defendants in this case was for misconduct as election officers at an election held in Florida for a representative to Congress, in stuffing the ballot-box with fraudulent tickets, and abstracting tickets which had been voted. In empanelling the grand jury which found the indictment, four persons, otherwise competent, were excl...
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delivered the opinion of the court. These motions are denied. Rule 32 applies only to writs of error and appeals brought to this court under the provisions of section five of the act of March 3,1875; that is to say, to writs of error and appeals from orders, of the circuit courts remanding causes which have been removed from a State court, and from orders dismissing suits because they do not re...
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delivered the opinion of the court. The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580, we decided the precise...
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delivered the opinion of the court. A grain of wheat may be described generally as follows: It consists of a pellicle or outside covering known as bran, an inner envelop consisting of cells and their contents of gluten and phosphates, the most nutritious' portion of the berry, and an interior whitp mass composed mainly of starch and albuminoid matter, extending to the heart of the berry.' At on...
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109 U.S. 3 (1883) UNITED STATES v. STANLEY. UNITED STATES v. RYAN. UNITED STATES v. NICHOLS. UNITED STATES v. SINGLETON. ROBINSON & Wife v. MEMPHIS AND CHARLESTON RAILROAD COMPANY. Supreme Court of United States. Submitted October Term, 1882. Decided October 15th, 1883. ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. IN E...
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delivered the opinion of the court. This is an action by the assignee in bankruptcy of S. B. W. Gill to recover the • purchase money of land of the bankrupt, sold by the plaintiff to the defendant. In the; case stated hy the parties the following facts were agreed: On the 28th of November, 1877, Gill, upon petition of his creditors, was adjudged a bankrupt by the District. Court of th...
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delivered the opinion of the court. After reciting the facts in the above language, he continued. Various questions are presented'by the record and have been discussed in argument, but there is one which goes to the foundation of the suit, and upon which our views are such as to make it unnecessary to consider any other. The court charged the jury that the interest of Morgan in the patent ...
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delivered the opinion of the court. By the act making appropriation's for sundry civil expenses of the government for the fiscal year.ending June 30, 1884, c. 143, 22 Stat. 631, the clerk of this court is required to pay into' the treasury the fees and emoluments of his office over and above his own compensation- as fixed by law, and his necessary clerk hire, and incidental expenses. It is prop...
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delivered the opinion of the court. Counsel for appellant states the theory of the bill to be that Campbell was not the bona fide purchaser of the lots described, or of either of them, although he holds them by conveyances absolute upon their face ; that he was only the broker of Burgess; and that the conveyances were made to him in that capacity, for the purpose of enabling him to raise mone...
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delivered the' opinion of the court.. .Nearly every point in this case has already been decided by this court in the cases of County of Callaway v. Foster, 93 U. S. 567; County of Scotland v. Thomas, 94 U. S. 682; County of Henry v. Nicolay, 95 U. S. 619; County of Schuyler v. Thomas, 98 U. S. 169; ...
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delivered the opinion of the court. The action below was brought originally upon 119 interest coupons cut from 24 bonds of the city of Opelika. The bonds were in the aggregate for $24,000, and the amount claimed to be due on the coupons was more than $5,000. At first a demurrer was filed to the complaint. This being overruled, the validity of the bonds was put in issue by various pleas. Before ...
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delivered the opinion of the court. We have no jurisdiction in this- case. „The appellee has not appeared and has never been served with a citation. The decree was entered oh the 14th of June, 1879, and at the foot of the entry is the following: “ Petitioner prays an appeal, which is granted upon bond and security being given, according to law, within thirty days.” A copy of what purports to be...
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delivered the opinion of the court. This appeal is from a decree dismissing the complainant’s bill, and the record discloses the following as the facts material to the determination of the controversy. The appellees, in 1870, being British subjects,, were owners of letters patent of the United States, bearing date January 4th, 1870,. granted to one Dennett, for the term of seventeen y...
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109 U.S. 110 (1883) THE TORNADO. GOOD INTENT TOW-BOAT COMPANY & Others v. ATLANTIC MUTUAL INSURANCE COMPANY & Others. ATLANTIC MUTUAL INSURANCE COMPANY & Others. v. GOOD INTENT TOW-BOAT COMPANY & Others. Supreme Court of United States. Argued October 22d, 1883. Decided November 5th, 1883. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. *115 W.J.P....
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delivered the opinion of the court. After stating the facts as above set forth, he continued:, The sole question to be considered on the appeal of the appellants is, whether the amounts which the circuit court awarded to them severally, as owners of the three steam-tugs, shoukí'be increased.- The errors' assigned by the appellants are (1) that the circuit court held that the contract for pumping o...
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delivered the opinion, of the court. We are unable to distinguish this case in principle from Ex parte Hagar, 104 U. S. 520, where it was held "on the authority of Ex pante Gordon, id. 515, that as the admiralty court had-jurisdiction of the vessel sued, and the subject-matter of the suit, it could not be restrained by a-writ of prohibition from deciding all questions properly arising in th...
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delivered the opinion of the court. We are of opinion that the patent of complainant does not déscribe a patentable invention. The claim is for an article of manufacture, ■ to wit, a bale of plasterers’ hair consisting of several bundles enclosed in bags, and. compressed and secured to form a'package. It is evident that the patent does not cover any improvement in the quality of the hair. Its...
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delivered the opinion of the court. After reciting the facts as above stated, he continued: The provisions of. the law which govern the case aré contained in section 2504 Revised Statutes, being schedule A, cotton and cotton goods, and are as follows : “ 1. Sec. 2504. On all manufactures of cotton (except jeans, denims, ■ drillings, bed-tickings, ginghams, plaids, cottonades, pantaloon stuf...
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delivered the opinion of the court. This is an action on bonds and interest coupons thereto attached, signed by the trustees of Brown township, payable to the Springfield, Mt. Yernon and Pittsburgh Railroad Com-' pany, or its assigns, on the first day of October, 1871, and dated April 20th, 1853. The plaintiff says she is the owner and holder of the bonds and coupons, and in explanati...
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deliyered the opinion of the" court. After stating the facts as above recited, he continued: The construction of the statute and the rule of computation, adopted by the .collector, proceed upon the supposition that the rate of duty to be charged’ and collected upon washed wool is to be double that charged and collected upon the same weight and value of unwashed wool. Hence, because 3,294 poun...
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delivered the opinion of the court. This is an action brought on the 9th of June, 1879, in the Circuit Court of the United States for the Southern District of New York by John G. Broughton, a citizen of Bloomfield, in the State of New Jersey, against a corporation established in the city and State of New York, upon a policy of insurance in the sum of $10,000 on the life of Israel Ferguson,...
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delivered the opinion of the court. The gist of the invention set forth in the descriptive part of *120 the specification, so far as the first claim is concerned, is to cut the two penetrating ends of the wire diagonally, and in such a way that, while the staple is being driven, the cut faces will both of them be on the lower side, and the two penetrating ends will both of them incline upward...
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109 U.S. 168 (1883) INDIANA SOUTHERN RAILROAD COMPANY v. LIVERPOOL, LONDON & GLOBE INSURANCE COMPANY. Supreme Court of United States. Argued October 15th, 1883. Decided November 5th, 1883. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. *169 Mr. A.L. Roache and Mr. S.A. Huff, for the appellants. Mr. George Hoadly and Mr. B. Harrison, for the appellee. MR. CHIEF...
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in delivering the opinion of the court in that case, said: The petition of Guión was for leave to appeal from a decree in a suit to which hé was not a party. ' We decided in Ex parte Cutting, 94 U. S. 14, that such an appeal could not be taken. He had applied for leave to become a party, but this leave ivas not given. So .he is not a party to the decree from which he appeals. But if he is, he...
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delivered the opinion of the court. These are appeals from a final decree in a suit brought by the Liverpool, London & Globe Insurance Company to foreclose a mortgage given by the' Indiana Southern Railroad Company to William H. Swift and Samuel J. Tilden, trastees, to secure an issue of bonds, fifteen hundred of which, amounting in the aggregate to $1,500,000, are held by the insurance company. T...
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delivered the opinion of the court. This is a motion to dismiss an appeal because the decree appealed from is not a final decree. The motion papers show that the appellees, Meeker, Brown, and Brooks, a minority of the stockholders of the Winthrop Iron Company, on or about the 12th of November, 1881, filed a bill in equity in the Circuit Court of the United States for the Western District of Mic...
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delivered the opinion of the court. This is a motion for a writ of supersedeas to stay the execution of a writ of assistance issued by the circuit court, after an appeal to this court, to put the appellee in possession of a part of the property involved in the litigation below. The material facts affecting the motion, as found and determined by the circuit court, or otherwise shown by the ...
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delivered the opinion of the court. After stating the facts as above, he continued: In our opinion the court of claims committed no error in ..allowing the claim of the contractor. The language of the specifications is, perhaps, susceptible of two meanings. According to one, it is as if it read that.“ the foundations and the brick walls now standing;” so far as they “ were uninjured by the ...
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delivered the opinion of the court. In this case a verdict was rendered against the .plaintiff in error for $6,610, and a judgment. entered thereon December 9th, 1819. In the verdict was included, for. damages $600, attorney’s fees $500, and interest $510, in all $1,610; The next day, December 10th, 1819, the defendants in error appeared in open court and “entered a remittitur” of these-amounts...
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delivered the opinion of the court. *206 This was an action of ejectment brought by the defendant in error against the plaintiffs in error to recover the title and- possession of a tract of land in Grundy County, Illinois, described as the northeast quarter of section twenty-nine (29), in township thirty-two (32) north of the base line, and in range eight (8) east of the third pri...
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delivered the opinion of the court. After reciting the facts above stated, he continued: The whole case turned on the trial in the local State1 court, as it did on the writ of error in the Supreme Court, which affirmed the judgment of the lower court, on the question of the validity of the -writ .of attachment in the hands of the marshal, and its sufficiency to protect him if the property seize...
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delivered the opinion of the court. James C. Mead, in his lifetime, filed with a register in bankruptcy proof of his claim against the estate of Abraham Mead, a bankrupt. Mary E. Travis, a creditor of the bankrupt, applied for a re-examination, and upon consideration the claim was rejected by the district court. Pending the proceedings James O. Mead died, and the petitioner, his executrix, appe...
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delivered the opinion of the court. In United States v. County of Clark, 96 U. S. 211, it was decided, at the October term, 1877, that bonds of the character of those involved in the present suits were debts of the county, and that for any balance remaining due on account of princi *230 pal or interest after the application of the proceeds of the special tax of one-twentieth of one per ce...
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delivered the opinion of the court. After reciting the facts as above stated, he continued: It is quite clear that the bill in equity was -rightly dismissed, because it; contains no allegation that Oragin- did not know, before the judgment against him in the suit at law, that the plaintiff in that suit alleged that' he was a citizen of Louisiana. If he-did then know it, he should have appeared ...
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delivered the opinion of the court.. An award against the United States of nearly $200,000 having been made to one A. R. McDonald, a British subject, by the mixed commission appointed under the treaty of 1871, his bankrupt assignee, - Thomas J. Phelps, filed a bill in the Supreme Court of the District of Columbia to restrain him from collecting the money, and to have it made subject to his...
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delivered the opinion of the court. This appeal presents the following case: Prior to the year 1820 disputes had arisen between the city of New Orleans and certain proprietors of riparian estates, as to the ownership of the batture or alluvion in front of the city *222 on the Mississippi River. In comproxnise of these disputes the proprietors surrendered to the city all t...
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delivered the opinion of the court. This case was decided at the last term of this court, and is reported in 106 U. S., 181. We there held that a steam gristmill was not a work of internal improvement, within the meaning of the statute of Nebraska, approved February 15, 1869, authorizing counties, cities, and precincts of organized counties “ to issue bonds to aid in the construction of any rai...
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delivered the opinion of the court. It is contended on behalf of the- United States that, by the appropriation acts which cover the period for which the appellee claims compensation, Congress* expressed its purpose to suspend the operation of section 2070 of the Revised Statutes, and to reduce for that period the salaries of the appellee and other interpreters of the same class from $400 to $30...
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delivered the opinion-of the court. The act of .June 17th, 1870, entitled “ An Act to regulate the salaries of Chief justices and associate justices in the Territories,” 16 Stat. 152; Rev. St. § 1879, provided as follows: “ The salaries of the chief justices and associate justices of the Territories of New Mexico, Washington, Wyoming, etc., shall be three thousand dollars .each per annum.” ...
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delivered the opinion of the court. After reciting the facts,.he said: The sole object of the suit is to restrain the collection of a tax which purports to have been assessed -under the internal revenue laws. A decree adjudging the tax to be void as against the appellant is sought for only as preliminary to relief by injunction, and would be futile for any purpose of this suit unless foEow...
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delivered the opinion of the court. It is conceded by counsel for complainant that the original mortgage made by Tucker Brothers, dated February 24th, 1860, and the decree rendered thereon in favor'-of the Bank of New Orleans by the District Court of the Parish of La Fourche, in June, 1867, were both extinguished by the sale, of the mortgaged premises to Cummings on September 7th, 1867. ...
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delivered the opinion of the court. After reciting the facts as stated above, he said: We are of opinion that the plaintiff was not liable to this tax, because he did not carry on or do, an “ express business,” within the meaning of ¿the statute. Although he carried goods between New York and Brooklyn, and from one place to another in either city, he did so solely on call'- and at special req...
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delivered the opinion of the court. The appellee, who was the plaintiff below, seeks to recover from the executor of Gazaway B. 'Lamar a-sum of money, on the allegation that the testator received that money from the United States, as the proceeds of 136 bales of upland cotton, which belonged to the assignor of the plaintiff. Lamar recovered in the court of claims, on the 1st of June, 1873, a ju...
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delivered the opinion of the court. These cases as they stand on our docket are cross-appeals from the decree of the Circuit Court of the United States for the Western District of Texas, in a suit wherein. William Preston was plaintiff, and William C. Walsh, in his character of commissioner of the general land office of the State of Texas, was defendant. The suit was commenced origina...
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit. Denied....
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delivered the opinion of the court. This action was brought May 8th, 1879, by.the plaintiffs in error in the Supreme Court of New York, to recover money alleged to have been illegally exacted by the collector for customs duties, and was removed by the defendant by writ of certiorari to the Circuit Court of the United States for that district. Oh the trial it appeared that the several amount...
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delivered the opinion of the court. The following are no longer open questions in this court: 1. That the grant-of lands to the Territory of Ioiva for the improvement of the Des Moines River, made by the act of August 8th, 1846, c. 103, 9 ¿ at. 11, did not extend above the Raccoon Fork. Dubuque & Sioux City Railroad Company v. Litchfield, 23 How. 66. 2. That...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he said: The exemption from taxation, created by the 18th section of the Internal Improvement Act of Í855, is, in every respect, similar to that which was declared in Morgan v. Louisiana, 93 U. S. 217, to be not assignable. No words of assignability are used by the legislature...
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delivered the opinion of the court. He recited the facts in. the language used above, and then said: So far as regards the time after June 15th, 1877, the fact that Goldman was appointed by the president, by and with the advice and consent of the senate, a second lieutenant in the 5th cavalry, in the place of the appellant, from June 15th 1877, and was commissioned as such, and accepted and h...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of Tennessee. The question presented is whether the statute of the State under which the defendant assessed a license tax of $250 against plaintiff in error is void, because it violates the contract found in the charter of the company. This charter was enacted November 20th, 1851, and, after giving t...
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dedvered the opinion of the court. After stating the facts in the above language, he said: The charge, in connection with the opinion delivered by the learned judge who presided at the trial, indicates that, in his judgment, the words in the eighth clause — “ It is a part of this contract that any person, other than the assured, who may have procured the insurance to be taken by this ...
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delivered the opinion of the court. The relators are the holders of two judgments against the city of New Orleans, one for $26,850, the other for $2,000. Both were recovered in the courts of Louisiana; the first in June, 1877, by the relators; the second in June, 1874, by parties who assigned it to them. Both judgments were for damages done to the property of the plaintiffs therein by a mob or rio...
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delivered the opinion of the court. . The ■ plaintiff in error having recovered a judgment for $9,056.12 against Alfred Patterson, in the Circuit Court of the United States, for the Western District of Pennsylvania, caused an execution attachment to be issued against the Fayette County Bailroad Company and Samuel H. Jacobus, the defendant in error, attaching, as the property of Patterson, certa...
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delivered the opinion of the court. After reviewing the principal facts, he said: This extension of the time of payment of the mortgage debt was made without any consent thereto on the part of the appellants. It is claimed on their behalf that, as owners of the estate mortgaged by the testatrix to secure the debt of her husband, they are in a position of sureties, and that the extensi...
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delivered the opinion of the court. This suit was commenced in May, 1876, to restrain the erection of the suspension bridge, then under construction, over. East River, in the State of New York, between the cities of New York and Brooklyn, at the height of 135 feet above the river at high-water mark, which was .the proposed elevation of the structure. As the bridge has since been completed, if t...
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delivered the opinion of the court. This suit in equity ivas brought for the infringement of three several letters, patent. The first is reissue No. 1,527, granted to John Richards, August 25th, 1863, for a “ guide and support for scroll-saws,” the original patent, No. 35,390, having been granted to him May 27th, 1862, for an “ improved guide and support for scroll-saws.” The specification...
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delivered the opinion of the court. These are appeals by a township in New Jersey from decrees of the Circuit Court of the United States for the District of New Jersey, upon bills in equity by the .appellees for relief against the accidental omission of seals on its bonds. The facts, appearing by the record,, are as follows: By the general laws of New Jersey, the inhabitants of each t...
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delivered the opinion of the court. The only question arising upon the record is whether the declaration presents a cause which entitles the plaintiffs to recover in this action. This was the question considered by the court below, and upon what it deemed the insufficiency of that declaration its judgment was based. The sufficiency of the pleas and'rejoinder were not considered, for, if th...
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delivered the opinion of the court. This action was brought by Struble, the defendant in error, to recover damages for an alleged breach of a written contract entered into between him and the Terre Haute and Indianapolis Railroad Company. A verdict and judgment Avere rendered in favor of plaintiff for the sum of $10,440. The defendant moved for a new trial and iii arrest of judgment, and both m...
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delivered the opinion of the court. After reciting the facts he continued : It is contended, on behalf of appellants, that the power of attorney executed in 1869 to Godeffroy — upon the authority of *436 which alone was payment made to hhn — was, under the laws of the United States, absolutely null and void; consequently, no payment under it could bind the claimants or discharge the governmen...
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delivered the opinion of the court. The first question presented by the record is, whether it was competent for the administrator de bonis non of the estate of Ames to sue on the bond of the principal administrator to recover money collected by him from the United States and not paid over or accounted for. It is well settled at common law that “ the title of an administrato...
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delivered the opinion of the court. It is insisted, by the plaintiff in error, that the special findings of the court, are fatally defective; because they do not find the contract by which the suit was brought or fix the . date when the cause of action accrued, and that for this reason the judgment of - the circuit court should be reversed. We might dismiss this assignment of error on the ...
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delivered the opinion of the court. The action of the circuit court in the removal of the cause from the State court is assigned for error, and is first to be considered. The suit was pending in the State court, but was not,at issue when the removal act of March 3d, 1875, took effect, and the right of removal is regulated by its provisions. The ground of the removal was that the ...
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delivered the opinion of the court,. Previous to the legislation of Congress in 1866, mining claims upon the public lands of the United States were held under rules framed b3r miners themselves in different localities. These rules prescribed the extent of ground which miners could severally appropriate for mining, and the conditions upon which such ground could be acquired and held. They bore a...
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delivered the opinion of the court. The Union Canal Company of Pennsylvania, a corporation of the State of Pennsylvania, issued, in 1853, a series of bonds for the payment of money, amounting in the aggregate to $2,500,000, with coupons for semi-annual interest attached. These bonds and coupons were secured by a mortgage to trustees on the property of the company. Prior to 1862 the company be...
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delivered the opinion of the court. After reciting the foregoing facts, he said: This suit divides itself into two branches — the case of The assignee, and that of the marshal and his deputies.. The assignee was not a party to the trespass suit., The, plaintiffs in that suit, abandoning all pursuit of the goods and- all action against the assignee, brought and' continued their suit for dam...
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109 U.S. 477 3 S.Ct. 314 27 L.Ed. 1003 SCHOTTv.HUDSON, Assignee, etc. December 10, 1883. Don M. Dickinson, for appellant. H. C. Wisner and W. F. Cogswell, for appellees. BLATCHFORD, J. 1 The facts in this case differ from those in Leroux v. Hudson, herewith decided, [ante, 309,] as set forth in the opinion in that case, only in the follo...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court for the. District of Nebraska, dismissing appellant’s bill for a foreclosure of a railroad mortgage. *523 The mortgage was made by the Brownville, Fort Kearney and Pacific Railroad Company to secure the payment of bonds issued by said company to certain persons who had contracted to build...
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delivered the opinion of-the court. The question presented by the record is the sufficiency of the plaintiffs’ replication, to the defendants’ plea of the seven years’ statute of limitation. ■ The limitation relied on by defendants is that prescribed by article 2765 of the Code of'Tennessee, which is as follows: “No person, or any one claiming under him, shall have any action, ei...
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delivered the opinion of the court. After reciting the facts as above, he said: 1. It is the settled law of this court, that when the evidence given at-the trial, with all inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must b.e set aside, the court is not bound to submit the case to the. ...
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delivered the opinion of the court. The appellants, who were complainants below, are alleged in the bill of complaint to be, respectively, citizens of New York or Missouri, or British subjects and aliens, the defendant being a citizen of Mississippi. It is set forth in the bill that Sarah Ann Dorsey died on July 4th, 1819, seized in fee simple of certain real estate, consisting ...
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delivered the opinion of the court. . This action was brought by the Iron Silver Mining Company, owning a tract of land or mining claim, known as the Wells and Moyer placer claim, described by metes and bounds in the complaint, against Sullivan and others, to recover possession of part of the tract, likewise described, from which it had been ousted by the defendants. The answer originally filed...
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delivered the opinion of the court. If all that _is charged in this bill were true, there could be no doubt of the right of the appellant to the relief she asks, as well on account of the actual as constructive fraud of the appellee. But the answer, which is under oath, is as emphatic and -direct in its denials as the bill is in its charges. There is no disputed question of law. The only controver...
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delivered the opinion of the court. This judgment is affirmed on the authority of Kihlberg v. United States, 91 U. S. 398. It was provided in the contract that payment for the wall was not to be made until some officer of the army, civil engineer, or other agent, to-be designated by the United States, had certified, after inspection, “ that it was in all respects as contracted for.” The o...
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delivered the opinion of the court. In this case the judges holding the circuit court have certified a difference of opinion between them upon the hearing of a motion to set aside the service of summons on the plaintiff in error, being the defendant below. The return, of service is in these words: “ Received the within writ September the- 12th, 1882. I served the within summons on said Townsh...
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delivered the opinion of the court. By an act of Congress passed on the 8th of August, 1846, certain lands were ceded to' Wisconsin to aid in improving the navigation of Eox and Wisconsin rivers, in that State, and in constructing a canal to unite the rivers, and thus form a connection between .the waters of Green Bay, in Lake Michigan, and the waters of the Mississippi. 9 Stat. 83, ch. 110. ...
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delivered tbe opinion of the court. On the 11th of June, 1881, William C. Wilson, the defendant in error, recovered a judgment in' the Circuit Court of the United States for the District of Kansas, against the township of Salamanca, Cherokee county, for $48,920.31. At that timé the office of trustee of the township was vacant, and it has not been filled since. On the 24th of July,-1882, Wilson su...
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delivered the opinion of the court. After stating the facts in the foregoing language, he continued: The facts found by the court leave no ground for the appellant’s case to rest on. Whatever rights, if any, she might have as against Townsend, had he continued the owner of the premises in controversy, she certainly has none against innocent Iona fide incumbrancers and purchasers...
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109 U.S. 527 (1883) CANADA SOUTHERN RAILWAY COMPANY v. GEBHARD and Another, Executors. SAME v. GEBHARD. SAME v. SAME. SAME v. GEBHARD and Another, Executors. Supreme Court of United States. Argued October 24th, 1883. Decided December 10th, 1883. ALL: IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *532 Mr. Joseph H. Choate for the plaintiff in error. Mr. ...
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delivered the opinion of the court. The writ of error in this case brings up for consideration a judgment of the Supreme Judicial Court of Massachusetts rendered in an action brought' by The Hill' Manufacturing Company against the Providence and New York Steamship Company as common carriers, to recover .damages for the loss of certain goods delivered by the plaintiffs to the defendants at ...
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delivered the opinion of the court. The petitioner is'in the custody of the marshal of the United States for the Territory of Dakota, imprisoned in the jail of Lawrence County, in the First Judicial District of that Territory, under sentence of death, adjudged against him by "the district court for that, district, to be carried into execution January 14th, 1884. That judgment was rendered ...
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delivered the opinion of the court. This was an action of ejectment for a parcel of land in the city of Washington, District of Columbia. On the trial the *609 plaintiffs gave in evidence a conveyance of the premises from the United States to one Robert Moore, executed in June, 1800; and then endeavored to trace title from the grantee through a devise in his last will and test...
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delivered the opinion of the court. It is provided by the Revised Statutes.of the Hnited States, relating to the District of Columbia, that “ when any married woman shall be a party executing a deed for the conveyance of real estate or interest therein, and shall only be' relinquishing her right of dower, or when she shall be a party with her husband to any deed, it shall be the duty of the off...
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delivered the opinion of the court. Upon the additional fact found in this case it is insisted: 1. That if the registration act was applicable to the bonds now in question, it impaired the obligation of the contract of subscription, and is therefore, so far as such application is concerned, • in contravention of art. I., sec. 10, clause 1, of the Constitution of the United States; and...
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delivered the opinion of the court. This is a writ of error sued out by the Treasurer of the United *655 States, to reverse a judgment of the Supreme Court of the District of Columbia, ordering a peremptory writ of mandamus to issue against him upon the petition of Eminel P. Halstead, as administrator, appointed in the District, of the estates of John N. Pulliam and John J. Pu...
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delivered-the opinion of the court. A writ of summons was issued out of the Circuit Court of the City of Richmond by the plaintiff in error, who ivas plaintiff below, against the defendant, on May 2d, 1883, service of which was acknowledged by the defendant on the same day. The writ was returnable on the first Monday-in May, which was the seventh day. On that day the plaintiff filed his de...
Views: 9
delivered the opinion of the court. The petitioners sued Charles L. Sharpless in the District Court of the United States for the Eastern District of Pennsylvania to recover certain penalties and forfeitures claimed under the provisions of sec. 4965 of the Revised Statutes, for the infringement of a copyright.' Sharpless' died after issue joined, but before judgment. After his death had been sug...
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delivered the opinion of the court. The judgment in each of these cases was rendered after a trial by jury on- the 17th of March, 1880, during the November term, 1879, although it was not signed until May 20th, 1880. On the 19th of May, 1880, which was at the April term of that year, the district judge who presided at the trial signed a bill of exceptions, which sets forth that on the tria...
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delivered the opinion of the court. The judgment in this case is for $1,215.16, but it appears *53 affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below. Such being the case, we have no ju...
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delivered the opinion of the court. In a suit in equity brought in the Supreme Court of the District of Columbia, by the firm of Langdon, Albright & Company, against Samuel Emery, Senior, and five other persons, *651 that court, in special .term, made a decree setting aside an assigmnent made to two of the defendants, directing tha manner in which receivers in the s...
Views: 0
delivered the opinion of tlie court. This is a writ of error brought under sec. 5 of the act of March 3d, 1875, ch. 137,18 Stat. 470, to review an order of the Circuit Court remanding a cause which had been removed from a State court. The facts are as follows: The suit was begun in the State court- on the 19th of July, ■ 1879, by Chambers, as plaintiff, against C. M. Swope and Joseph B. Holla...
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delivered tbe opinion of the court. This is an appeal from a decree in two suits in equity commenced in óne of the courts of the State of Missouri and thence removed' into the Circuit Court of the United States for the Western - District' of that State, where, by consent, they were consolidated for final hearing. The question presented is whether the appellant, the Daviess County Savi...
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delivered the opinion of the court. The owners of the canal-boat Brilliant and her cargo filed a libel in admiralty, in the District Court of the United States for the Northern District of Illinois, against the steam canal-boat B and C, in a case of collision. The libelalleges that the Brilliant is a vessel of more than 20 tons burden, and was employed, at the time of the collision, in the busi...
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delivered the opinion of the court. We are of opinion that, on the terms of the receipt which expressed the contract between the parties, the appellant or its agents were required to determine, on receiving the wagons, whether they were in good condition and merchantable order, and were at liberty to reject them if not meeting those conditions ; that.the receiving the 21 and proceeding to sell ...
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delivered the opinion of the court. : The Susquehanna Boom Company was incorporated by the General Assembly of Pennsylvania on the 26th of March, 1846, and as early as 1849 erected, under its charter, a boom in the West Branch of the Susquehanna River, at Williamsport, for the .purpose of securing logs and other lumber floating, in tihe river. Its charter did not purport to confer upon it any ¿...
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delivered the opinion of the court. This is an appeal from an order remanding a cause which had been removed from a State court. The case is as follows: Isaac Foreman, a citizen of Illinois, died on the 28th of October, 1878, leaving a will by which, after devising certain property to his wife. Rebecca Foreman for life, he appointed John J. Thomas, Frederick H. Pieper, and Theophilus Harrison...
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delivered the opinion of the court. Laura J. Bemiss, widow of John Bemiss, having a claim against the United States pending before the commission commonly called the Southern Claims Commission, under the act of March 3d, 1871, employed George Taylor and F. C. Wood, attorneys-at-law, residing in Washington city,. to prosecute said claim, and by an instrument in writing agreed to give them f...
Views: 11
delivered the opinion of the court. These two cases were heard together in the court below and in this court. They involve the same questions and depend upon, facts substantially the same, appearing in a single record. The claim of the appellants, who were plaintiffs below, is that, being owners and in possession, in the first case, of square No. 472, and, in the second, of lot No. 13...
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delivered the opinion of the court. If we understand correctly the positions assumed by the different counsel for the relators, they are: 1. That the awards under the convention vested in the several claimants an absolute right to the amounts awarded them respectively, and that this right was property which neither *71 the United States alone, nor the United States and Mexico together, coul...
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delivered the opinion of the court. This was an action in the Territorial Court of, Montana, in. Which a judgment was rendered in favor-of defendant in error against the plaintiffs in error for an injury received , by the *48 upsetting of a stage coach used by the latter as common carriers of passehgers. The plaintiff below founds his action on this contract of carriage, and the negligent m...
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delivered the opinion of the court. The Colorado Mortgage and Investment Company of London (Limited), a corporation organized under the laws of the United Kingdom of Great Britain and- Ireland, brought this action against Harrisoh Goodwin and Elizabeth Goodwin, his wife, to recover the possession of certain real estate in Colorado, and damages for withholding the same. In conformity with a writ...
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delivered the opinion of the court This action was brought in the Superior Court, of the City of New York, by the members .of the firm of Lawson & "Walker against the members of the firm of Bachman Brothers, to recover compensation for services performed under a written agreement between them, dated April 25th, 1871, which recited that the defendants had employed,, and by power ...
Views: 6
delivered the opinion of the court. This is an appeal by James Bendey. and wife from a decree for the foreclosure of a mortgage of land in Michigan, executed' by them at Houghton in that State, on April 30th, 1873, to Samuel S. Smith and William Harris; expressed to be made in consideration of the indorsement by Smith and Harris of sev *666 eral promissory notes of Bendey, therein described, ...
Views: 3
delivered the opinion of the court. The defendants are in possession of the land in'controversy in each case under a purchase from the United States with a patent from the government, and the plaintiff, the railroad company, asserts a superior title, either legal or equitable, under certain land grants by act of Congress to aid in building railroads. The first of these acts is that of May 15th,...
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delivered the,opinion of the court. This is a suit in 'equity to quiet the title of the plaintiff to certain real property in Nebraska as against the claim of the defendant to an adverse estate in the premises. It is founded upon a statute of that State which provides: “ That an action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether ...
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delivered the opinion of the court. The plaintiff in error insists that the facts found by the court show an issue of bonds by the county in excess of the amount authorized by the statute, and that they are therefore void. The defendant in error is found by the circuit court to be a bona fide holder for value. According to repeated decisions of this court, being such, he was not bound to go...
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delivered the opinion of the court. These actions were tried in the court below at the same time, before the same jury, and, by stipulation of parties, were heard in this court upon one record, the issues and questions in them respectively being the same. They were originally commenced'in the District Court’of .the State of Minnesota for the County of, Ramsey, the plaintiffs in error ...
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delivered the opinion of the court. In November, 1875, one John F. Tracy, now deceased, executed to the defendant, Thomas F. "Withrow, a deed of a large amount of property, r§al and personal, of great value, situated in Iowa.' It is alleged that this deed, though absolute in form, was made in trust for one Thusie M. Allen, also now deceased, and the present suit is brought by her heirs-at-...
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delivered the opinion of the court. This is a suit in equity, brought for the infringement of reissued letters patent' No. 6,962, granted to Lewis R.-.Keizer, February 29th,"1816,.for an “improvement in apparatus for cleaning privies,” the.original patent, No. 115,565, having *642 been granted, June 6tli, 1871, to Henry C. Bull and Joseph M. Lowenstein, on tbe invention of said Bull, and tbe ...
Views: 4
delivered the opinion of the court. This is a suit in'equity brought for the infringement of letters patent No. 87,241, .granted February 23d, ,1869, to Biley Burdett, the plaintiff, for 17 years from August 24th, 1868, for an “ improvement in reed organs.” The specification of the patent is in these words: • ' *634 “Figure 1 is aiperspective view of one of my reed...
Views: 4
delivered the opinion of the court. After reciting the foregoing facts, he continued: It is insisted by the defendant in error that the value of the matter really in dispute here is less than the amount requisite to give this court jurisdiction. Upon this ground a motion to dismiss was - here» tofore made, and was denied. To that ruling we adhere. Upon the pleadings it is apparent that the...
Views: 25
delivered the opinion of the court. After reciting the above stated facts he continued: We think that this case is governed by the rulings of this court in United States v. Taylor, 104 U. S. 216. In that case the land sold for the non-payment of the tax was sold to a person who paid the purchase money to the United States, and the surplus proceeds were in the treasury. It was held that the pr...
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delivered the opinion of the court. It appears from the bill of exceptions found in the record that the withdrawal entry of the packages on which the duty occasioning this controversy arose, was made October 23d, 1878. The local appraiser made and reported to the collector his appraisement of the goods. The importers being dissatisfied therewith, demanded a reappraisement according to law,...
Views: 20
delivered the' opinion of the court. After stating the above recited facts he continued : The plaintiff in error contends that this judgment, is erroneous on several grounds, which we proceed to considér in their order. 1. It is claimed, in the first place, that the defence is not sufficient, because the signature of the. county clerk is not essential to the validity of the bonds, nor...
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delivered the opinion of the court. This writ was brought by Zane and Koach, as assignees of one Nathaniel Jenkins, against the defendant, Soffe, for infringing (as charged) certain letters patent granted to said Jenkins, June 22d, 1865, for an improvement in self-acting cocks or faucets. The general features of the invention patented, so far as material to be considered, may be described' as...
Views: 1
delivered the opinion of the court. This was an action brought by the United States against the Sioux City & Pacific Railroad Company to recover certain arrears of taxes alleged to have accrued from November, 1868, to September, 1871, inclusive. The first count of the declaration states that for the elevenmonths ending September 30th, 1868, the gross receipts of the company from passengers...
Views: 0
delivered the opinion of the court. The defendant in error made a contract in writing with the Board of Public "Works of the District of Columbia in 1872 for the paving of parts of certain streets in the city of Washington with the “Miller wood pavement.” In that contract there was the following clause, on which this action is founded on account of its alleged violation by the defendant: “Nin...
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delivered the opinion of the court. . This action was begun on December 30th, 1854, in the Supreme Court of New York by the defendant in. error to recover from the collector of the port of New York money-alleged to have been illegally exacted by him for customs dues and paid Under protest. It . was’ removed by certiorari to the Circuit Court of the United' States for the Souther...
Views: 14
delivered tbe opinion of the court. . This suit was'brought to set aside the contract by which the* Ohio and Mississippi Railway Company became the owner of a portion of its road known as the Springfield Division, and to> obtain a decree from the court declaring that the bonds issuedi by the company, and secured by a mortgage upon that division,, are null and void. It was commenced by Dimpfe...
Views: 20
delivered the opinion-of the court, The case made by the bill of complaint is based on the will of Samuel Carusi, and upon the deed of trust alleged to have been executed and delivered July 18th, 1872. The contention of'complainant-is that, by the deed Lewis Carusi conveyed to-Samuel Carusi all his real estate in trust to convey the same to such person or persons as the said Lewis Carusi m...
Views: 11
delivered the opinion of the court. This is a writ of error sued out by Edmond J. Hart, a citizen of Louisiana, to reverse a judgment rendered against him in the Circuit Court of the United States for the Northern District of Texas, in an action brought by him against Marion Sansom and the heirs at law of Thomas M. League, citizens of Texas, to recover a tract of land in Johnson County in that ...
Views: 17
delivered the opinion of the court. We are unable to distinguish this case in principle from that of United States v. Temple, 105 U. S. 97, in which it was decided that an officer of the navy, who, while engaged in public business, travelled under orders by land or seaj the travel by *220 sea not being in a public vessel of the United States, was entitled, under the...
Views: 15
delivered the opinion of the court. . The controlling facts in this case are as follows: C. J. Ham-bro & Son, a banking firm in London, England, were the correspondents of the New Orleans National Banking Association, a national bank in New Orleans. The bank kept a running account with the firm, drawing upon them from time to, time as occasion required, and remitting bills to cover its dra...
Views: 4
delivered the opinion of the court. . Grant & Co. sued the United States in the Court of Claims on the 2d of December, 1868, and on the 6th of December, 1869, recovered a judgment for $34,225.14. On the 5th of January, 1883, the following act was passed by Congress; “ Be it enacted. . . . That the Court of Claims be, and it is hereby, directed to reopen and readjudieate'the...
Views: 7
delivered the opinion of the court. This is a writ of error to reverse a judgment of the Circuit Court of the United States for the District of Nebraska, deny *157 ing a peremptory writ of mandamus to command the county commissioners of the county of Dodge, in the State of Nebraska, to levy a special tax upon the .taxable property within Fremont Precinct, a local subdivision of that county, t...
Views: 3
delivered the opinion of the court.. The appellants assign for error— 1. The refusal of the circuit court to dismiss the original -bill and the rendition of the final decree in favor of the Rolling Mill Company and the ordering of the sale of the property of the company to satisfy the same. 2. The finding that the Rolling Mill Company had a lien upon the railroad and property of ...
Views: 13
delivered tbe opinion of tbe court. - Tbe bill of complaint in this case was filed in January, 1876, in the Circuit Court of tbe United States for tbe District of Minnesota, by Samuel L. M. Barlow, sole surviving executor of tbe last will, and'trustee of tbe estate, of John F. A. Sanford, deceased (bis co-executor and co-trustee, Frederick C. Gebhard, having died in 1867), and tbe widow an...
Views: 0
delivered the opinion of the court. •This suit was brought by Robert E. Jenkins, as assignee in bankruptcy of Samuel J. Walker, a bankrupt, to recover certain lands conveyed by the bankrupt to Eh Kinney, on the alleged ground that the conveyances, though absolute on their face, were intended as mortgages. Two defences were interposed among others, one that the defendants, who are the present ow...
Views: 10
delivered the opinion of the court. The judgment in this case was for $5,237.15, but the record shows in many ways that of this amount $727.42 was admitted to be due. A formal tender of that sum was made on the 26th of February, 1883, and the money deposited-in court for Knox, the plaintiff, where it remained until the 14th of March, nine days after the judgment was rendered, when it was withdr...
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delivered tbe opinion of tbe court. Tbe counsel on both sides stipulated in writing'to submit tbis case under Rule 20. Tbe stipulation bears date November 15th, 1883. It was filed.bere on tbe 12tb of December. By its terms tbe counsel for tbe plaintiff in error was to bave until* the 12th of December to serve and file bis printed argument ; tbe counsel for tbe defendant in error until tbe 25th ...
Views: 5
delivered tbe opinion of tbe court. ■ We have no jurisdiction in this case. Tbe suit was brought ■by Dows & Co. to recover damages for tbe unlawful conversion of ten thousand bushels of corn, tbe value of which, according to tbe findings, did not exceed $6,000. With interest added to this sum from tbe date of the alleged conversion until tbe judgment, tbe most that could have be...
Views: 3
delivered the opinion of the court. This motion is granted on the authority of Thompson v. Butler, 95 U. S. 694, and Alabama Gold Life Insurance Company v. Nichols, 109 U. S. 232. Dismissed. ...
Views: 7

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