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All Reporters → U.S. (United States Reports) → Volume 138

Opinions in U.S. (United States Reports) Volume 138

after stating the case as above reported, delivered the opinion of the court. It is contended by the appellants that the Circuit Court erred (1) in holding that the covenant on the part of the County company, to permit other railroads to use it's right of way between the park and the terminus of its line in the city, was binding on the Kansas City company, and gave to the Colorado company ...
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after stating the case, delivered the opinion of the court. The motion to dismiss is predicated upon two grounds: First. Because the writ of error was not allowed, nor the citation signed, by the Chief Justice of the Supreme Court of the State of Colorado. Second. Because no Federal question was involved in the case, or appeared or was raised upon the record. It is essential to the exercise b...
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after stating the case, delivered the opinion of the court. The right of claimant, as informer, depends on th¿ act of Í866. Before final adjustment of the claim made against Stout, the. act of 1866 was repealed. Unless, therefore, prior to this repeal some right was vested, the claimant has no standing in court. But the act of 1866 explicitly declared, that no right accrued to an informer until...
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delivered the opinion of the Supreme Court January 19, 1891....
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delivered the opinion of the court. This is an action on bonds issued by the plaintiff in error under the authority of an act of the legislature of Ohio, of April 9, 1880. (77 Ohio Laws, pages 157 and following. 1 ) The single question for consideration is the constitutionality of that statute. .For if the act is unconstitutional, the bonds *69 were issued without a...
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delivered the opinion of the court. William Rebman was tried and convicted before a justice of the peace in Norfolk, Virginia, “ a city of fifteen thousand inhabitants or more,” of the offence of having wrongfully, unlawfully,1 and knowingly sold and offered for sale “eight-teen pounds of fresh meat, to wit, fresh, uncured beef, the same being the property of Armour & Co., citizens of the ...
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delivered the opinion of the court. .. This-is an appeal from tfye-Court of Claims. The claimant,, the Central Pacific Railroad Company, filed a petition October 31,1887, to recover from the United States the sum of $804,-094.31y alleged to be due for Services rendered to the War,, *85 Post Office, and other departments, and the sum of $321,-. 157.72, alleged to have been exac...
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delivered the opinion of the court. (1) Claimant’s right to retained pay depends upon Rev. Stat. § 1281, which reads as follows: “ To the rates of pay stated in the preceding section one dollar per month shall be added for the third year of enlistment, one dollar more per month for the fourth year, and one dollar more per month for the fifth year, making in all three dollars increase per month ...
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after stating the case, delivered the opinion of the court. (1.) In support of its demurrer founded upon the alleged want of jurisdiction in the Circuit Court, the plaintiff in error insists that the plaintiffs below obtained their right to bring suit upon this order by assignment from S. K. Felton & Co., who are not alleged to be citizens of any other State than Nebraska, and hence that t...
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after stating the case,-delivered the. opinion of the court. The Supreme Court of ff>wa, iQ /view of section 1090,-held, ‘that the city.pf Sioux'City, by granting the authority to construct and operate the railway on the condition of paving between the rails, did nob limit its authority to make and enforce other regulations and requirements, as authorized by section 1090; that, although," ...
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after stating the case, delivered the opinion of the court. Many assignments of error and many questions are presented by the counsel for plaintiffs in error. Ve notice those which seem to be substantial. It is alleged, first, that there was error in refusing to transfer the law action, to, the ' equity docket. This was-an action at law, brought by certain mortgagees to recover the value o...
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delivered the opinion of the court. This is an appeal from a judgment of the Supreme Court of the Territory of New Mexico. The opinion of that court is reported as Bent v. Thompson, 23 Pac. Rep. 234. In connection therewith, that court made and filed a statement of facts in substance as follows: Alfred Bent died on the 9th of December, 1865, leaving as his only heirs at law his widow, G-u...
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delivered the opinion of the court. This is a suit in equity, brought in the Circuit Court of the United States for the Western District of Pennsylvania, by the Consolidated Poller Mill Company against P, P. Walker, for the infringement of claim 1 of letters patent No. 228,525, granted June 8, 1880, on an application filed May 2, 1879, to William D. Gray, for an improvement in roller-grind...
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delivered the opinion of the court. This is an action' for the possession of a parcel of land of about eighty acres in the county of San Joaquin, California, being substantially the south half of the southeast quarter of section 11, in township 1, of that county. The plaintiff in the court below, and in error here, asserted title to the premises under a patent of the United States issued to h...
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The facts set forth in the bill of the plaintiff clearly show that be has a plain, adequate and complete remedy at law for the injuries of which he complains. He alleges that he is the owner in fee, as trustee, of certain, described lands in Iowaj and his injuries consist in this: that the defendants are in the possession and enjoyment of the property, claiming title under certain documents purpo...
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delivered the opinion of the court. The plaintiffs in error, with others, were indicted in the court below at its October term, 1889, and were convicted and sentenced to suffer death, for the crime of murder alleged to have been committed on the 25th day of July, 1888, in that part of the United States designated in numerous public documents as the Public Land Strip, but conraionly called ...
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after stating the case, delivered the opinion of the court. The written contract between the parties in this case does not materially differ from the one before this court in Martinsburg & Potomac Railroad Co. v. March, 114 U. S. 549, 553. *193 In that case the contractor did not allege in his declaration that the engineer ever certified in wri...
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delivered the opinion of the court. "We are entirely satisfied with the conclusion of the Circuit Court, upon the evidence, that all the matters in controversy. between the parties had been fully compromised and settled. The litigation was being prosecuted upon two bills and two cross-bills when the negotiations commenced, and involved the claims of the company against Coburn and Ewing and...
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delivered the opinion of the court. On or about the 14th of April, 1887, Mrs. Irene Clark, of Milford, New Haven County, Connecticut, died, leaving a will which contained the following provisions: (1) She gave to her husband, Bela Clark, all of her household furniture, including beds and bedding, pictures and silver-plated ware; (2) She gave to her grandniece, Martha A. Buckingham, and to five ...
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after stating the case, delivered the opinion of the court. The general question involved in the- case is, whether the land in disputéis a part of surveys 149 to. 156, inclusive, in the common fields of Prairie du Pont, with the accretion thereto, situate on the Illinois side of the Mississippi River, in St. Clair County, Illinois, and is owned by the plaintiff, or whether it is owned by the su...
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after stating the case as above, delivered the opinion of the court. Every patent issued under the laws of the United States for an invention or discovery contains “ a grant to the patentee, his heirs and assigns, for the term of seventeen years, of the exclusive right to make, use and vend the invention or discovery throughout the United States and the Territories thereof.” Eev. Stat. § 4...
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after stating the casaas above reported, delivered the opinion of the court. The first and principal question in this case arises on the contract of January 1, 1882. By the appellant it is claimed that this is a mere executory contract, an agreement to sell; by the appellee, that it is an executed contract, a sale with reservation of security. The distinction is obvious, and the significance im...
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after making the foregoing statement, delivered the opinion of the court. There are thirty-two assignments of error found in the' record, which it is not.necessary to discuss in detail. We are of opinion that the findings of fact by the District Court, taken in connection with the verdict of the jqry upon the sole issue submitted to it, entitled the appellee to the equitable relief so...
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delivered the opinion, of the court. This case is before us upon a motion to dismiss the writ of error for want of jurisdiction in this court to reexamine the judgment below;. or, if this court has jurisdiction, to affirm the judgment upon the ground that the question on which our right of review depends is too frivolous to require argument upon it. Certain provisions of the statutes of' Texa...
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after stating the case, delivered the opinion of the court. The defendant in error, the plaintiff below, moves in the alternative to dismiss the appeal on the ground that the judgment recovered is not final, or to affirm the judgment on the ground of the manifest insufficiency of the errors assigned. The essential points of contention in the case related to the necessity of the property fo...
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delivered the opinion of the court. This is an action to recover longevity pay. under the clause of the act of March 3, 1883, providing that “ all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same...
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delivered the opinion of the court. This was an action commenced in the Circuit Court of Shelby County, Tennessee, by R. S. Daughtry as administrator of John W. Daughtry, deceased, against the Kansas City, Fort Scott and Memphis Railroad Company and the Kansas City, Memphis and Birmingham Railroad Company on the 16th of August, 1888, for the recovery of damages for the death of John-W. Dau...
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after stating the case, delivered the opinion of the court. The only question .for the determination of this court is whether Ames’s discharge in bankruptcy was a bar to the *311 present action; and that question depends upon the inquiry whether the defendant is sued on account of a debt created by fraud within the meaning of the bankruptcy act. It is the settled doctrine of t...
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after stating the case as above, delivered the opinion of the court. 1. In the court below one of the contentions of the appellee Kingsbury — who reached his majority before the final decree, and became a defendant — was, that the guardian had no authority to borrow moneys for the purpose of erecting buildings to be rented, or to mortgage the minor’s property to secure the payment of money...
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delivered the opinion of the court. This was a writ of error sued out under the sixth section of the act of February 6, 1889, 25 Stat. 655, 656, c. 113, § 6, to review a judgment, of the Circuit Court of the United States for the Western District of Arkansas, imposing a sentence of death upon the plaintiff in error for the murder of David C, Steadman “ at the Creek Nation in the...
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delivered the opinion of the court. This was a writ of error sued out under the. sixth section of the act of Congress of February 6, 1889, 25 Stat. 655; 656, c. 113, § 6, to review a.judgment of the Circuit Court of the United States for the Western District of Arkansas, imposing a sentence of death upon the .plaintiff in error for the murder of Sam. M.-Morgan, “at the'Cherokee Nation, in the I...
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after stating the case, delivered the opinion of the court. *375 In regard .to the character of the obligation assumed by Briscoe, we concur with the views of the Supreme Court of Louisiana in its second opinion. By the instrument signed on the 25th of January, 1857, the relation of debtor and creditor was created between Briscoe and the beneficiaries. It was stated expressly that...
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after stating the cáse, delivered the opinion of the court. We cannot give our assent to the proposition that Adams, being a special agent only, was not guilty of a breach of duty in withholding from his principal information of the fact that McComb was willing to take the notes at a discount of eight per cent per annum, that is, for $380,000, provided he could not get them for $350,000. That f...
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after stating the case, delivered the opinion of the court. The main question at issue was the validity of the bonds, and that' involved the levy and collection of taxes for a series of years to pay interest thereon and finally the principal thereof, and not the mere restraining of the tax for a single year. The grievance complained of was common to all the plaintiffs and to all whom they profe...
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delivered the opinion of the court. The contention of the plaintiffs in error is, that by the statutes of the Territory of Montana, above quoted, the alleged assignment by Young to Winchester Avas conclusively fraudulent as to them, for the want of the immediate delivery, followed by an actual and continued change of possession, of the goods assigned; that their right to so treat the assig...
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delivered the opinion of the court. The writ of error in this case was dismissed by plaintiff in error on the 5th of January, and at the same time a motion was made on his behalf for leave to withdraw the transcript of record heretofore filed herein. The transcript has become a part of the records of this court, which we cannot permit to be mutilated or destroyed. Its contents aré accessible he...
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delivered the opinion of the court. This is an application for leave to file a petition for a writ of prohibition to the District Court of the United States for the District of Alaska. The Attorney General being present and expressing a desire to that effect, opportunity was afforded him to be heard in opposition to granting the ieave to file, and this resulted in argument having a much wider r...
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delivered the opinion of the court. The first mortgage had the “ after-acquired property ” clause in it. It is settled that such a clause is valid, and that thereby the mortgage covers not only property then owned by the railroad company, but becomes a lien upon ail property subsequently acquired by it which comes within the description in the mortgage. Pennock v. Coe, ...
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delivered the opinion of the court. The plaintiff' here, plaintiff below, is the receiver of the American National Life and Trust Company of New Haven. This action, originally commenced in the Supreme Court of the city and county of New York, and thence removed to the Circuit Court for the Southern District of New York, is one to recover damages resulting from certain alleged fraudulent acts by...
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delivered the opinion of the court. The first question is as to the admission of the testimony of It. C. Best, a witness for and one of the defendants, as to conversations between them and the plaintiff’s agent Davis, at the time the original contract was signed. The scope of this ■testimony was substantially that they proposed to organize a corporation, .with limited liability, that the purcha...
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delivered the opinion of the court. This was a suit in equity, brought in the Circuit Court of the United States for the Eastern District of Pennsylvania, by ten citizens of Louisiana, two of Mississippi and four of Texas, in their own behalf and in behalf of certain other persons whose names are not known, all of whom claim to bé the legal descendants of Robert M. Simmons, late a citizen ...
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after stating the case, delivered the opinion of the court. It is undoubtedly the general rule that a judgment rendered by a court in a criminal case must conform strictly to the statute, and that any variation from its provisions, either in the character or the^extent of punishment inflicted, fenders the judgment absolutely void; but it seems that under the law of Wisconsin a judgment in a cri...
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delivered the Opinion of the court. This case was before us in October term, 1885, upon a decree dismissing the bill on demurrer. See Clay v. Freeman, 118 U. S. 97. "We reversed that decree, and remanded the cause with instructions to enter a decree in conformity with the opinion of this court, which was done. After various subsequent proceedings in the court below, a...
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delivered the opinion of the court. This was an action brought against a corporation of Great Britain by the widow and daughter of William -J. Bunt, citizens of California, to recover damages, under § 377 of the California Civil Code, for his death by the defendant’s negligence while a workman in its mine. The answer alleged, among other things, that his death was caused by his own neglige...
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.delivered the opinion of the court. - This is a bill in equity,-filed January 27, 1882, in the Circuit Court of the United-States for the Northern District of Texas, by John ~W. Hanner, Jr., James D. Park, and John S. Park, Jr,, against Lewman G. Moulton, M. C. Moulton, C. R. Beaty, Clement R. Johns, ,J. C. Kerby, Elavius Everett, W. Yon Rosenburg, and the corporation of C. R. ...
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delivered the opinion of the court. We are’confronted upon the threshold of this case with the inquiry whether there is a federal question involved; if not, the only disposition we can make of it is to dismiss it for want of jurisdiction. The object of the proceeding is to try the respective titles of the relator and the respondent to the office of sheriff of Buchanan County,' Missouri. Respond...
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delivered the opinion of the court. We think the appeal was properly taken. At the time the order of August 10 was entered, the receiver, was not in possession ; he had surrendered the property more than nine months prior thereto. When he surrendered the property, he closed up his receivership. A decree against him was not personal, but official. It was not the contemplation of the court t...
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delivered the opinion of the court. These cases, being appeals from two decrees of the Circuit Court of the United States for the District of Indiana, making allowances to certain intervenors in railroad foreclosure suits, by stipulation of parties are to be heard together and treated as one case. They were before the court a year ago. Kneeland v. American Loan and Trust C...
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delivered the opinion of the court. The first contention of appellant is, that this action could not be maintained because the State of Nevada was not made party; it holding the legal title; Second, that the Circuit Court erred in finding that there' was fraud or wrong, by which, the title was passed to the State of Nevada; and, *516 Third, that even if there were fraud ...
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delivered the opinion of the court. One proposition alone requires notice. This was an action by a creditor of the State not against- his debtor, but against *528 its debtors, to secure an appropriation of their debts to it to the satisfaction of its obligations to him. It is a proceeding of a garnishee nature. The appearance of the State, voluntarily, its application to be made a party vnte...
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delivered the opinion of the court. This was an action brought against Hiram Barney to recover back money alleged to have been illegally exacted by him when collector of the port of New York, as duty on certain charges and commissions, and as fees for services rendered in the custom-house in connection with merchandise imported, and was commenced in the Superior Court of New York City by s...
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delivered the opinion of the court. After a careful examination of the evidence in this record, we are satisfied that the conclusions of the Circuit Court upon the facts are substantially correct. While there may be a conflict in some particulars, we regard the defendant’s contention upon all points material to the disposition of the case as clearly sustained by the weight of the evidence,...
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after .stating the case, delivered the opiñion of the court. We have already held in Lawrence Manufacturing Company v. Tennessee Manufacturing Company, ante, 537, that *560 plaintiff is not entitled to the exclusive right to use the letters “LL” as a trademark on sheetings running four yards to the' pound, and that no case was' made there for relief on th...
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delivered the opinion of the court. Apparently in consequence of the decision of this court in Cary v. Curtis, 3 How. 236, to the effect that under the act of March 3, 1839, an action for money had and received would not lie against a collector of customs for duties paid under protest, Congress on February 26, 1845, enacted (5 Stat. 727) that nothing contained in the act of 1839...
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delivered the opinion of the court. This was an action of ejectment in one of the state courts of California, to recover the possession of a tract of one hundred and sixty acres .of land in San Joaquin County in that State, particularly described as the northwest quarter of section 23, township 3 north, range 7 east, Mount Diablo base and meridian. *574 The plaintiff below, w...
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delivered the opinion of the court. By Rev. Stat. sec. 2319, all valuable mineral deposits in lands belonging to the United States are declared to be free and open to exploration and purchase “'by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law.” By sec. 3324, the miners of each mining district may make regulatio...
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delivered the opinion of the court. This is the cáse which was before us in October 'term, 1888, and the decision in which will be found reported in 131 U. S. 191, under the name of New Orleans v. Gaines's Administrator. The suit \\yas commenced in August, 1879, and was' brought against the city of New Orleans to recover the rents, fruits, revenues and profits of 135 ...
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delivered the opinion of the court. The defendant kept this contract for a year' and then repudiated its obligations. The excuse made in its correspondence and alleged in its answer was, that the parol agreement between the': parties, an. agreement authorized by the directors of the defendant company, was a three years’ contract; that the contract prepared .by plaintiff was for five years; and ...
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after making the foregoing statement, delivered the opinion of - the court. The first three assignments of error cover the whole case, and are as follows: The first is, that the court erred in refusing to allow the plaintiff in error to file the several pleas of non est fact am, statutes of limitation, payment and set-off. The reply to this is, that as long ago as Man...
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after stating the case as above reported, delivered the opinion of the court. *651 The rule is settled that to give this court jurisdiction of a writ of error to a state- court it must appear affirmatively, not only that a federal question was presented for decision by the highest court of the State having jurisdiction, but that its decision was necessary to the determination of t...
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after making the above statement, delivered the opinion of the court. It was conceded in the court below that the premises, to remove the cloud from which the present bill is filed, were at the time “ pueblo lands ” of San Francisco; that is, that they were part of the lands claimed by the city as successor of a Mexican pueblo of that name; that they are within the limits of the city of San F...
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after stating the case as above reported, delivered, the opinion, of the court. The decisive question presented by the record in this case is, did the town of Monticello have authority, under, the laws of Indiana, to issue for sale in open market negotiable securities in the forms of the bonds and coupons on which recovery is here sought? Chancellor Kent, in his Commentaries, vol. 2, 298, ...
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after stating the case, delivered, the opinion of the court. Ufider the act of March 3,1875, determining the jurisdiction of Circuit Courts of the United States (18 Stat. 470, 472) the objection to the -jurisdiction upon a denial of the averment of citizenship is,not confined to a plea in abatement or a demurrer, but may be taken in the .answer, and the time at which it may be raised is no...
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