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All Reporters → U.S. (United States Reports) → Volume 110

Opinions in U.S. (United States Reports) Volume 110

delivered the opinion of the court. The Colorado Mortgage and Investment Company of London (Limited), a corporation organized under the laws of the United Kingdom of Great Britain and- Ireland, brought this action against Harrisoh Goodwin and Elizabeth Goodwin, his wife, to recover the possession of certain real estate in Colorado, and damages for withholding the same. In conformity with a writ...
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delivered tbe opinion of the court. This is an appeal from a decree in two suits in equity commenced in óne of the courts of the State of Missouri and thence removed' into the Circuit Court of the United States for the Western - District' of that State, where, by consent, they were consolidated for final hearing. The question presented is whether the appellant, the Daviess County Savi...
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delivered the,opinion of the court. This is a suit in 'equity to quiet the title of the plaintiff to certain real property in Nebraska as against the claim of the defendant to an adverse estate in the premises. It is founded upon a statute of that State which provides: “ That an action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether ...
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delivered the opinion of the court. The defendants are in possession of the land in'controversy in each case under a purchase from the United States with a patent from the government, and the plaintiff, the railroad company, asserts a superior title, either legal or equitable, under certain land grants by act of Congress to aid in building railroads. The first of these acts is that of May 15th,...
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delivered the opinion of the court. Laura J. Bemiss, widow of John Bemiss, having a claim against the United States pending before the commission commonly called the Southern Claims Commission, under the act of March 3d, 1871, employed George Taylor and F. C. Wood, attorneys-at-law, residing in Washington city,. to prosecute said claim, and by an instrument in writing agreed to give them f...
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delivered the opinion of the court. 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 judgment in each of these cases was rendered after a trial by jury on- the 17th of March, 1880, during the November term, 1879, although it was not signed until May 20th, 1880. On the 19th of May, 1880, which was at the April term of that year, the district judge who presided at the trial signed a bill of exceptions, which sets forth that on the tria...
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delivered the opinion of the court. The judgment in this case is for $1,215.16, but it appears *53 affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below. Such being the case, we have no ju...
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delivered the opinion of the court. Upon the additional fact found in this case it is insisted: 1. That if the registration act was applicable to the bonds now in question, it impaired the obligation of the contract of subscription, and is therefore, so far as such application is concerned, • in contravention of art. I., sec. 10, clause 1, of the Constitution of the United States; and...
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delivered the opinion of the court. : The Susquehanna Boom Company was incorporated by the General Assembly of Pennsylvania on the 26th of March, 1846, and as early as 1849 erected, under its charter, a boom in the West Branch of the Susquehanna River, at Williamsport, for the .purpose of securing logs and other lumber floating, in tihe river. Its charter did not purport to confer upon it any ¿...
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delivered the opinion of tlie court. This is a writ of error brought under sec. 5 of the act of March 3d, 1875, ch. 137,18 Stat. 470, to review an order of the Circuit Court remanding a cause which had been removed from a State court. The facts are as follows: The suit was begun in the State court- on the 19th of July, ■ 1879, by Chambers, as plaintiff, against C. M. Swope and Joseph B. Holla...
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delivered the opinion of the court. This is an appeal from an order remanding a cause which had been removed from a State court. The case is as follows: Isaac Foreman, a citizen of Illinois, died on the 28th of October, 1878, leaving a will by which, after devising certain property to his wife. Rebecca Foreman for life, he appointed John J. Thomas, Frederick H. Pieper, and Theophilus Harrison...
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delivered the opinion of the court. If we understand correctly the positions assumed by the different counsel for the relators, they are: 1. That the awards under the convention vested in the several claimants an absolute right to the amounts awarded them respectively, and that this right was property which neither *71 the United States alone, nor the United States and Mexico together, coul...
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delivered the opinion of the court. 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. These actions were tried in the court below at the same time, before the same jury, and, by stipulation of parties, were heard in this court upon one record, the issues and questions in them respectively being the same. They were originally commenced'in the District Court’of .the State of Minnesota for the County of, Ramsey, the plaintiffs in error ...
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delivered the opinion of the court. It appears from the bill of exceptions found in the record that the withdrawal entry of the packages on which the duty occasioning this controversy arose, was made October 23d, 1878. The local appraiser made and reported to the collector his appraisement of the goods. The importers being dissatisfied therewith, demanded a reappraisement according to law,...
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delivered the opinion of the court. After reciting the foregoing facts, he continued: It is insisted by the defendant in error that the value of the matter really in dispute here is less than the amount requisite to give this court jurisdiction. Upon this ground a motion to dismiss was - here» tofore made, and was denied. To that ruling we adhere. Upon the pleadings it is apparent that the...
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delivered the opinion of the court. In November, 1875, one John F. Tracy, now deceased, executed to the defendant, Thomas F. "Withrow, a deed of a large amount of property, r§al and personal, of great value, situated in Iowa.' It is alleged that this deed, though absolute in form, was made in trust for one Thusie M. Allen, also now deceased, and the present suit is brought by her heirs-at-...
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delivered the opinion of the court. ' This is a suit in equity brought in the Circuit Court of the United States for the Eastern District of Missouri, by Esek Bussey and Charles A. McLeod against the Excelsior Manufacturing Company of St. Louis, a corporation, for the infringement of three several letters patent, being (1) reissue No. 3,815, granted to the1 plaintiffs, February 1st, 1870, for a...
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delivered the opinion of the court. After reciting the above stated facts he continued: We think that this case is governed by the rulings of this court in United States v. Taylor, 104 U. S. 216. In that case the land sold for the non-payment of the tax was sold to a person who paid the purchase money to the United States, and the surplus proceeds were in the treasury. It was held that the pr...
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delivered the opinion of the court. This is a writ of error sued out by Edmond J. Hart, a citizen of Louisiana, to reverse a judgment rendered against him in the Circuit Court of the United States for the Northern District of Texas, in an action brought by him against Marion Sansom and the heirs at law of Thomas M. League, citizens of Texas, to recover a tract of land in Johnson County in that ...
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delivered the opinion of the court. This is a writ of error to reverse a judgment of the Circuit Court of the United States for the District of Nebraska, deny *157 ing a peremptory writ of mandamus to command the county commissioners of the county of Dodge, in the State of Nebraska, to levy a special tax upon the .taxable property within Fremont Precinct, a local subdivision of that county, t...
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delivered the' opinion of the court. After stating the above recited facts he continued : The plaintiff in error contends that this judgment, is erroneous on several grounds, which we proceed to considér in their order. 1. It is claimed, in the first place, that the defence is not sufficient, because the signature of the. county clerk is not essential to the validity of the bonds, nor...
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delivered the opinion of the court. . This action was begun on December 30th, 1854, in the Supreme Court of New York by the defendant in. error to recover from the collector of the port of New York money-alleged to have been illegally exacted by him for customs dues and paid Under protest. It . was’ removed by certiorari to the Circuit Court of the United' States for the Souther...
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delivered the opinion of the court. The record discloses the following facts: George M. Bacon & Co. were a firm dealing in barley and other brewers’ supplies in Cincinnati, Ohio. They purchased barley at Toronto, Canada, and advanced a part of the price of the barley purchased. When a shipment was made a draft was drawn upon them by the consignor for the balance remaining unpaid...
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110 U.S. 178 (1884) QUEBEC BANK OF TORONTO v. HELLMAN, Assignee. Supreme Court of United States. Argued January 4th, 7th, and 8th, 1884. Decided January 21st, 1884. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. *179 Mr. Joseph Wilby for appellant. Mr. John F. Follett for appellee. MR. JUSTICE WOODS delivered the opinion of the court. The record discloses th...
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delivered the opinion of the court. The first assignment of error which we shall notice is, that the Circuit Court erred in not declaring the judgment recovered by Joseph R. Crow against the Brittenstine Silver Mining Company void, first, because fraudulently obtained, and, secondly,. because the court was -without jurisdiction to render it. We have been unable to find in the record any suppo...
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delivered the opinion of the court. ' This is an appeal from a decree in the Circuit Court of the United States for the Southern District of. Illinois, dismissing a bill in equity filed by the city of Jonesboro, in that State, *193 against the Cairo & St. Louis Railroad Company, an Illinois corporation, the auditor of State, the county clerk and sheriff of Union County, Illino...
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delivered the opinion of the court. This writ was brought by Zane and Koach, as assignees of one Nathaniel Jenkins, against the defendant, Soffe, for infringing (as charged) certain letters patent granted to said Jenkins, June 22d, 1865, for an improvement in self-acting cocks or faucets. The general features of the invention patented, so far as material to be considered, may be described' as...
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delivered the opinion of the court. This was an action brought by the United States against the Sioux City & Pacific Railroad Company to recover certain arrears of taxes alleged to have accrued from November, 1868, to September, 1871, inclusive. The first count of the declaration states that for the elevenmonths ending September 30th, 1868, the gross receipts of the company from passengers...
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delivered tbe opinion of the court. . This suit was'brought to set aside the contract by which the* Ohio and Mississippi Railway Company became the owner of a portion of its road known as the Springfield Division, and to> obtain a decree from the court declaring that the bonds issuedi by the company, and secured by a mortgage upon that division,, are null and void. It was commenced by Dimpfe...
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delivered the opinion of the court. The defendant in error made a contract in writing with the Board of Public "Works of the District of Columbia in 1872 for the paving of parts of certain streets in the city of Washington with the “Miller wood pavement.” In that contract there was the following clause, on which this action is founded on account of its alleged violation by the defendant: “Nin...
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delivered the opinion of the court. This judgment is affirmed. One partner cannot recover his share of a debt due to the partnership in an action at law, prosecuted in his own name alone against the debtor. That is the only question presented by the bill of exceptions in this casé. The refusal of the' court below to grant a new trial is not reviewable here. Affirmed. ...
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delivered the opinion of the court. . The controlling facts in this case are as follows: C. J. Ham-bro & Son, a banking firm in London, England, were the correspondents of the New Orleans National Banking Association, a national bank in New Orleans. The bank kept a running account with the firm, drawing upon them from time to, time as occasion required, and remitting bills to cover its dra...
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delivered tbe opinion of tbe court. Tbe counsel on both sides stipulated in writing'to submit tbis case under Rule 20. Tbe stipulation bears date November 15th, 1883. It was filed.bere on tbe 12tb of December. By its terms tbe counsel for tbe plaintiff in error was to bave until* the 12th of December to serve and file bis printed argument ; tbe counsel for tbe defendant in error until tbe 25th ...
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delivered the opinion of the court. We are unable to distinguish this case in principle from that of United States v. Temple, 105 U. S. 97, in which it was decided that an officer of the navy, who, while engaged in public business, travelled under orders by land or seaj the travel by *220 sea not being in a public vessel of the United States, was entitled, under the...
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delivered the opinion of the court. •This suit was brought by Robert E. Jenkins, as assignee in bankruptcy of Samuel J. Walker, a bankrupt, to recover certain lands conveyed by the bankrupt to Eh Kinney, on the alleged ground that the conveyances, though absolute on their face, were intended as mortgages. Two defences were interposed among others, one that the defendants, who are the present ow...
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delivered tbe opinion of tbe court. ■ We have no jurisdiction in this case. Tbe suit was brought ■by Dows & Co. to recover damages for tbe unlawful conversion of ten thousand bushels of corn, tbe value of which, according to tbe findings, did not exceed $6,000. With interest added to this sum from tbe date of the alleged conversion until tbe judgment, tbe most that could have be...
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delivered the opinion of the court. This motion is granted on the authority of Thompson v. Butler, 95 U. S. 694, and Alabama Gold Life Insurance Company v. Nichols, 109 U. S. 232. Dismissed. ...
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delivered the opinion of the court. . Grant & Co. sued the United States in the Court of Claims on the 2d of December, 1868, and on the 6th of December, 1869, recovered a judgment for $34,225.14. On the 5th of January, 1883, the following act was passed by Congress; “ Be it enacted. . . . That the Court of Claims be, and it is hereby, directed to reopen and readjudieate'the...
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delivered the opinion of'the court. This is an appeal from a decree of the Supreme Court of the .District of Columbia, rendered on the 30th of October, 1882. At the foot of the decree as entered is the following-: “And from this decree the complainant, Samuel A. Peugh, prays an appeal to the Supreme Court of the United States, which is allowed.” No bond of any kind was executed u...
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delivered the opinion of the court. TMs is a suit in equity, brought by the National Car-Brake Shoe Company, a corporation, against the Lake Shore and Michigan Southern Railway Company, in the Circuit Court of the United States for the Northern District of Illinois, for the infringement of letters patent''No. 40,156, granted to James Bing as inventor; October 6th, 1863, for 17 years, for an “im...
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delivered tbe opinion of tbe court. - Tbe bill of complaint in this case was filed in January, 1876, in the Circuit Court of tbe United States for tbe District of Minnesota, by Samuel L. M. Barlow, sole surviving executor of tbe last will, and'trustee of tbe estate, of John F. A. Sanford, deceased (bis co-executor and co-trustee, Frederick C. Gebhard, having died in 1867), and tbe widow an...
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delivered tbe opinion' of the court. This is an appeal by the grantee in a deed of trust, from a -decree of the Circuit Court of the United States for the West *265 ern. District-of Tennessee, in favor ol a judgment creditor of the grantor. The undisputed facts of the case, as shown by the pleadings and the documentary evidence, are as follows': ' In January, 1878, t...
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delivered the opinion of the court. After stating the facts in the above language, he continued: It is alleged as error, in the first place, that the court should have treated the appeal rejected for informality as the basis for determining the time within which the suit ought to have been brought. But that appeal was not so treated by the commissioner, who rejected it for mere informality and ...
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delivered the opinion of the court. After reciting the facts in the language above" stated, he continued: ' • According to the law of Indiana, the giving of ’ the delivery bond did not divest the lien óf the attachment upon the goods, *280 which remained, in contemplation of law, in the possession’of the officer, Gass v. Williams, 46 Ind. 253; so tha...
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delivered the opinion of the court. We shall consider the questions raised by-these appeals as presented by the record in the case of William F. Sayles and others v. Robert Garrett & Sons. ' The first contention of the appellants is that the bonds of the American File Company issued in 18T0 were taken by its stockholders in proportion substantially to the sto...
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delivered tbe opinion of tbe court. Tbe suit in tbis case was brought originally in tbe .Chancery Court of Marion County, Tennessee, by Y. A. Gaskill and bis wife, who is now tbe appellant, H. L. Whiteside. Tbe defendants were J. C. Haselton, Tbe Bartow Iron Company, of which be was president, James P. Boyce, in bis own right and also as executor of Ker Boyce, deceased. Tbe princ...
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delivered the opinion of the court. The effect of the judgments in these cases, when here on the former appeals, as reported under the name of the Cawood Patent, 94 U. S. 695, . was to affirm the decrees then appealed from, so far as they charged these appellants respectively with the profits made from the use of the infringing machines known as the “Illinois Central,” the “Ethe...
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delivered the opinion of the court. The judgment in this case was for $5,237.15, but the record shows in many ways that of this amount $727.42 was admitted to be due. A formal tender of that sum was made on the 26th of February, 1883, and the money deposited-in court for Knox, the plaintiff, where it remained until the 14th of March, nine days after the judgment was rendered, when it was withdr...
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delivered the opinion of tbe court. On the 19th of August, 1871, one Allan A. Kennedy died in Franklin County, Missouri, having two policies of insurance on his life, one in the Economical Life Insurance Company, of Providence, R. I, for $5,000, and the other in the'Mutual Life Insurance Company, of New York, the defendant in error, for $10,000. Charles W. Jeffries was appointed administra...
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delivered the opinion of the court. This is an action on the case, brought by Timothy Gruaz against Rudolph Bircher, to recover damages for the speaking and publishing of false, malicious, scandalous and defamatory words, charging the plaintiff with being a thief, and with having stolen the money of the defendant, meaning the crime of larceny. The suit was commenced in a State court of Ill...
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delivered the opinion of the court. Malcolm D. Jones, of whom Francis A. Jones, the appellee, is executor, in Ms lifetime was executor of the last Avill of Drury-Corker, deceased, and testamentary guardian of the person and estate of the testator’s son, Ernest D. Corker, the appellant, one of the devisees, then a minor, who arrived at age since filing the present bill. While acting as such...
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delivered the opinion of the court. The relator having recovered judgments in the Circuit Court of the United States for the Southern District of Illinois upon bonds issued by the city of East St. Louis, a municipal corporation of that State, was awarded in this proceeding a peremptory mandamus. The directions of the judgment are as follows: “ That said defendant,' the- city of East St. Louis...
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delivered the opinion of the court. The act of May 27th, 1872, 17 Stat. 162, under authority of which the abatement of taxes pleaded by defendants was made, ■provides as follows: “That the Secretary of the Treasury be,' and he is hereby, authorized, upon the production of satisfactory proof to him of the actual destruction by accidental fire or other casualty, and without • any fraud, collusi...
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delivered the opinion of the court.. . The findings of the Circuit Court show the following facts: The contracts of October 4th, 1861, and of September 30th, 1867, were executed and delivered by the plaintiffs in error, as averred in the declaration; the said Charles Davis and one Thomas S. Taylor had, previous to the execution of the first-mentioned instrument, been trustees of the Cairo ...
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delivered the opinion of the court. Behan, the appellee and claimant, filed a petition in the court below, setting forth that on the 26th of December, 1879, one John Boy entered into a contract with C. W. Howell,' major of engineers of the United States army, to make certain improvements in the harbor of New Orleans (describing the same), and that the claimant and two other pers...
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110 U.S. 347 (1884) SPRING VALLEY WATER WORKS v. SCHOTTLER & Others, Supervisors. Supreme Court of United States. Argued November 20th, 21st, 1883. Decided February 4th, 1884. IN ERROR TO THE SUPREME COURT OF CALIFORNIA. *348 Mr. Charles N. Fox for plaintiff in error. Mr. Francis G. Newlands for same. Mr. A.L. Rhodes for defendants in error. Mr. George F. Edmunds for plaintiff in error. MR. C...
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delivered the opinion of the court. It was conceded on the argument of this case that under the original charter of the Louisiana and Missouri River Railroad Company granted in 1859, Howard County had authority to subscribe to the capital stock of the company without a vote of the people, and that this authority ivas not taken away by the Constitution of 1865. The claim is, however, that the am...
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110 U.S. 385 4 S.Ct. 25 28 L.Ed. 172 Ex parte COTA. February 4, 1884. Asst. Atty. Gen. Maury, for respondent. No brief filed for petitioner. WAITE, C. J. 1 It was decided at the last term in Ex parte Tom Tong, 108 U. S. [S. C. 2 SUP. CT. REP. 871,] that this court could not take jurisdiction of a certificate of division in opinion betwee...
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delivered the opinion of the court. It was decided at the last term in Ex parte Tom Tong, 108 U. S. 556, that this court could not take jurisdiction of a certificate of division in opinion between the judges of a Circuit Court *386 in proceedings under a writ of babeas, corpus until final judgment bad been rendered in accordance with tbe opinion-of tbe presiding justice or judge. Tbis is su...
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delivered the' opinion of the court. ■This is a suit upon an open cargo policy of insurance issued by tbe Buffalo Insurance Company to tbe firm of Webster, Heinicke & Ooglin “on shipments of merchandise to them at St. Louis, . . . they stipulating to report all sucb shipments and modes of transit to tbis office as soon as advised thereof.” Tbe aggregate amount of the company’s liabilities ...
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delivered, the opinion of-the court. This is an appeal from- an order of the Circuit Court remanding a suit removed from a State court. From the confused mass of pleadings, exhibits, proofs, orders, and decrees, making a volume of more than five hundred printed pages, sent here as a transcript of the record below, and the reports of the decisions of the Supreme Court of Illinois in S...
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delivered the opinion of the court. This was a suit brought by Wise, the defendant in er, 'of, against the plaintiffs in error and others to recover the possession of sec. 21, T. 3 N., R. 8 E., Mount Diablo base and meridian, containing 640 acres of land. Tupper answered, denying that he -was in possession of any part of the section except the N. E. i, and to that he set up a pr...
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delivered tbe opinion of the court. This is a motion by Cornebus N. Durie, tbe successor in office of Demarest, tbe defendant in error, to docket and dismiss a case. From the motion papers it appears that Demarest, as collector of tbe township, recovered a judgment against the State, Ruckman prosecutor, in tbe Court of Errors and Appeals *401 of-Ñew Jersey, on the 11th of July, 1806, and that...
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delivered tbe opinion of the court. In this' case the appellants have delivered to the clerk the requisite number of copies of the record in print, and they ask to docket the cause without securing the payment of the fee chargeable under the present rules in connection with the printing. The act of March 3,1883, c. 143, 22 Stat. 631, making appropriations for sundry civil expenses of the gove...
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delivered the opinion of the court. He recited the facts in the foregoing language and continued : It is contended by the appellants that the Circuit Court had no jurisdiction of this suit because the assignee was a citizen of the same State with the plaintiffs. But no relief was granted against him by the final decree, and, although the suit was not formally dismissed as to-him, it is evi...
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delivered the opinion of the court. On the 22d of November, 1858, John-A. C: Horn, having been appointed by the judge of the Probate Court of Marengo County, Alabama, executor of the last will and testament, of John Horn, executed, with John D. Alexander and W. B. Les-suer, as sureties, a bond or writing obligatory, under seal, to said judge, in the penalty of $100,000,. conditioned that sa...
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110 U.S. 421 (1884) JUILLIARD v. GREENMAN. Supreme Court of United States. Submitted January 22d, 1884. Decided March 3d, 1884. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *422 Mr. George F. Edmunds and Mr. William Allen Butler for plaintiff in error. Mr. Benjamin F. Butler, Mr. Thomas H. Talbot, and Mr. James McKeen for defendant in error. *435 MR. J...
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110 U.S. 471 (1884) IOWA v. McFARLAND, Commissioner. ILLINOIS v. McFARLAND, Commissioner. Supreme Court of United States. Argued November 1st, and 2d, 1883. Decided March 3d, 1884. ORIGINAL. *478 Mr. Allen G. Thurman, Mr. William M. Evarts, Mr. Samuel Shallabarger, Mr. R.P. Lowe and Mr. W.W. Wiltshire for petitioners. Mr. M.L. Woods on behalf of the State of Alabama, also by leave of court filed ...
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delivered the opinion of the court. This is an appeal by the defendant below from a decree against it upon a bill in equity for the infringement of letters *491 patent granted on February 11th, 1862, to Alba F. Smith, for an improvement in trucks for locomotive engines, the specification annexed to which, except the drawings and the letters referring to them and the formal .be...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued: The proposition contained in this charge is that the business of dealing in grain, no matter how much it may be restricted by agreement between the partners, and no matter how it may have been qualified by the actual practice of the firm, necessa. *505 rily authorizes eac...
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dissenting. ' The plaintiff in error, Joseph Hurtado, now under sentence of death pronounced in one of the courts of California, brings this writ of error upon the ground that the proceedings against him are in violation of the Constitution of the United States. The crime charged, and of which he was found guilty, is murder. The prosecution against him is not based upon any presentment or indictme...
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delivered the opinion of the court. The defendant in error contends that the. appeal should be dismissed because the alnount in controversy is less .than $5,000, and therefore not sufficient to give this court jurisdiction. This contention is based on the averments of the original pétition, which showed that the suit was brought to recover only $3,184.39, the balance due for work done unde...
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delivered the opinion of the court. The bill in this case was filed by John W. Ebbinghaus, the appellee, as trustee for the German Calvinist Society arid their legal representatives. His appointment as trustee was brought about in the following manner: On July 16th, 1877, August Sievers, Edward Kolb and Ludwig Ereund, as trustees of thé First German Reformed Church of Washington, D. C., fi...
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delivered the opinion of the court. "We are now required to determine whether the court of original jurisdiction, in its conduct of the last trial, committed any error to the prejudice of the substantial rights of the defendant. 1. The validity of the judgment is questioned “ upon the *576 ground that a part of tbe proceedings in the trial court were conducted in the abse...
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delivered the opinion of the court. This is an appeal from a final decree dismissing a bill filed by John Swann against the executors of John S. Wright and the Alabama Great Southern Railroad Company, a corporation created under the laws of Alabama. Swann was the assignee of Wilder and McMillen, who were the purchasers at the sale in a foreclosure suit' instituted on the 30th of May, 1872, by t...
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delivered the opinion of the court. ¿This case is an outgrowth of a foreclosure suit brought by the trustees in a first mortgage executed by the Alabama & Chattanooga Railroad Company upon its road, property, rights, and franchises, to secure the payment of bonds by it- issued. The history of that suit is given in the opinion just rendered in Swann v. Wright's E...
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delivered the opinion of the court. On the 15th day of April, 1851, the commissioners of Delaware County, Ohio, passed an order submitting to the voters of that county, at a special eleetión to be held on the 17th day of June thereafter, a proposition to subscribe the sum of $50,000 to thercapital stock of the Spriñgfiéld and Mansfield. Ráilroad Company, a corporation creatéd under the law...
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delivered the opinion of the court. The decree appealed from in this case was rendered on the 17th of April, 1878, and the .appeal was not taken' until the 6th of September, 1883. § 1008 of the Revised Statutes declares that “No judgment, decree, or order of a Circuit or District Court in any civil action, at law or in equity, shall be reviewed by the Supreme Court, on writ of error o...
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delivered the opinion of the court. In March, 1865, the plaintiff purchased for the sum of ...
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dissenting. I cannot agree with my associates in the judgment in this case. I know of no law that was ever enacted in the United States, which would justify a military officer in enforcing the payment to him of a debt due from one loyal citizen to another loyal citizen, neither being in the military service, or residing in a State declared to be in insurrection, of in which the courts of law were ...
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delivered the opinion of the court. This case originates in this court by an application for a wrii of habeas corpus on the part of Jasper Yarbrough and seven other persons, who allege that they are confined by the jailer of Fulton County, in the custody of the United States marshal for the' Northern District of Georgia^ and that the trial, conviction, and sentence in the Circuit Court of the...
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delivered the opinion of the court. After reciting the facts in the foregoing language he continued: The case has been presented by counsel in two aspects: 1. In view of the requirements of the Constitution of Colorado alone; and 2. In view of the constitutional and common-law obligations of railroad companiés in Colorado as common carriers. We will-first consider the r...
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delivered the opinion of the court. It is no longer an open question in this court that bonds issued by counties in Missouri, during the years 1870 and 1871, in payment of subscriptions to the stock of railroad companies without a vote of the people, are valid if the subscription ivas made under authority granted before the adoption of the Constitution of 1865 which did not require such a vote ...
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delivered the opinion of the court. Two general questions are presented by the special verdict in this case: 1. Whether Brindle, the defendant in error, as receiver of public moneys for the district of lands subject to sale at Le-compton, Kansas, is entitled to the .military bounty-land fees received by him during his term of office, over and above the amount required, with his commis...
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delivered the opinion of the court. This case briefly stated js as follows: On the 28th of September, 1850, what is now known as the swamp-land act, c. 8, 9-Stat. 519, was passed by Congress. By sections 1, 2, and 3 swamp lands were defined and a special *696 grant made to the State of Arkansas. Section 4 is in these words: “ That the provisions of this act be extend...
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delivered the opinion of the court. After reciting the facts in the foregoing language, he continued: The true question in this case is, which of the two Sarah A. Claytons was the lawful wife of James W. Clayton at the time of his death, and as such entitled by the statutes of Colorado to inherit one-half of his real estate. Revised Statutes of 1867, ch. 23; General Laws of 1877, ch. 26. In o...
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delivered the opinion of the court. After reciting the facts in the foregoing language he continued: As ground of reversal, it is assigned by the appellant that the proceeds of the sale of the equitable interest of Dodge, the judgment debtor, should have been distributed pro rata between the appellees, and the appellants, instead of having been awarded exclusively to the ap...
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delivered the opinion of the court. The errors assigned are, first, the refusal of the Circuit Court to direct a verdict for the defendant on the ground that the money sued for was lawfully exacted from the defendants in *724 error; and, second, its refusal to give a similar direction on the ground that the action was barred. ¥e think both these assignments are well founded. ...
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delivered the opinion of the court. After stating the facts in the foregoing language, he continued: The grounds on which relief seems to be claimed by the bill, as far as can be gathered from the statements and the argument of counsel, are: First. That the United States is a judgment and execution creditor, whose remedy at law is exhausted, and that the funds in the hands ...
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delivered the'opinion of the court; - This motion is granted on the authority of Wiswall v. Campbell, 93 U. S. 347, in which it was decided that this court has- no jurisdiction to review a judgment of the Circuit .Court, rendered in a proceeding upon an appeal from an order of the. *742 District Court rejecting the claim of a supposed creditor against the estate of the bankrupt, and for t...
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110 U.S. 742 (1884) THE MAMIE. PARCHER & Another v. CUDDY, Administrator. Supreme Court of United States. Submitted March 4th, 1884. Decided March 10th, 1884. ORIGINAL MOTION, ENTITLED IN A CAUSE PENDING ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. *743 Mr. Geo. F. Edmunds, made the motion and filed a brief in support of it. MR. CHIEF JUSTICE WAI...
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delivered the opinion of the court. "Without deciding whether an injunction may be granted under any circumstances by this court to stay proceedings in the State courts during the pendency of an appeal in a suit brought by the owners of a vessel to obtain .the benefit of the limitation of liability provided for by §§ 4283, 4284, 4285, and 4286 of the Revised Statutes, we are all of the opinion tha...
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