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Opinions in us-lexis Volume 1891

delivered the opinion of the court. These .two actions are in the nature of actions on the case for the continuance of a nuisance to the plaintiff’s «se and enjoyment of its house of public worship, by the noise, smoke, cinders, ashes and vapors from the defendant’s adjoining-engine house, repair shop and locomotive engines, and by the *569 obstruction of access to the plainti...
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delivered the opinion of the court. In computing the two years after the entry of a final judgment, decree or order, sought to be reviewed in this court, within which the writ of error must be brought or the appeal taken, the day of the entry of such judgment, decree or order should be excluded. Credit Co. v. Arkansas Central Railway Co., 128 U. S. 258. The motion to dismiss the appeal in...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the Southern District of New York, by the Ellithorpe Air Brake Company, an Illinois corporation, against Henry B. Sire. The plaintiff is engaged in the business of constructing elevators and putting them into buildings. The complaint sets forth a contract between the plaintif...
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delivered the opinion of the court. This case has been before us on two former occasions; in October term, 1884, (Ayers v. Watson, 113 U. S. 594,) and in October term, 1889 (Ayers v. Watson, 132 U. S. 394). It has had six trials by jury,-in three of which the juries disagreed, and in the other three verdicts were found for the plaintiff. The case comes...
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after stating the case, delivered the opinion of the court. By the defendants it was contended below in substance, and the contention is renewed here, that the bonds being placed with them on special deposit for safe-keeping, without any reward, promised or implied, they were gratuitous bailees, and were not chargeable for the loss of the bonds, unless the same resulted from their gross ne...
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after stating the case, delivered the- opinion of the court. The transcript of the record may be filed at any day during the term succeeding the taking of an appeal or the bringing of a writ of. error, if. appellee or defendant in error has not in the meantime had the cause docketed and dismissed. But this cannot be done after the expiration of the term, because the writ of error has then becom...
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after stating the case, delivered the opinion of the court. The Supreme Court of Michigan held that the information charged the respondent with the crime of embezzlement; that the defendant was called upon to plead to this charge when arraigned; that' he pleaded guilty of embezzlement, and doubtedly understood when he made his plea that he was pleading guilty to the felony charged; that this co...
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delivered the opinion of the court. This was an action of trespass to try title, brought by Need-ham and others against the Eed Eiver Cattle Company in the Circuit Court of the United States for the Northern District of Texas. The petition alleged the land to be of the reasonable value of $4400. Defendant pleaded not guilty and the statute of limitations. A verdict was rendered in favor of pl...
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delivered the opinion of the court. This is a writ of error to the Supreme Court of the District of Columbia, to reverse a judgment of that court dismissing the relator’s petition for a peremptory writ of mandamus against the respondent, William Windom, Secretary of the Treasury, commanding him to deliver to the relator a Treasury draft for $ 12,536 which had been lawfully assigned to the ...
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delivered the opinion of the court. It has been decided, at the present term, that the Guano Islands Act of August 18, 1856, c. 164, (11 Stat. 119,) reenacted in Title 72 of the Revised Statutes, is constitutional and valid; and that under that act, and by the action of the President, as appearing in documents of the Department of *651 State, and of which this court is bound to take judicial ...
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137 U.S. 654 11 S.Ct. 231 34 L.Ed. 822 EGANv.CLASBEY. January 19, 1891. This was an action at law, brought in one of the territorial courts of Utah territory, by Edward D. Egan against James T. Clasbey, to recover the value of 1,475 shares of stock of the Bannock Gold & Silver Mining Company, a corporation organized under the laws of that territory, which, it was all...
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after stating the case as above reported, déliyered the opinion of the court. The question presented is, whether the patent of the United States, describing the eastern boundary of the land as comT mencing at a point on the rimer, which was on the right and west bank, and running southerly on its m,arg'm, embraces the island within it, or whether, notwithstanding the terms of apparent limit...
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after stating the ease, delivered the opinion of the court. It is contended that the sentence of dismissal was a nullity because it does not' sufficiently appear from the record of, the court-martial proceedings and the endorsements thereon that the findings and sentence were approved by the President. The 65th. Article of War, act of April 10, 1806, 2 Stat. 367, c. 20, which was in force at ...
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after stating the case, delivered the opinion of the Court. *684 The appellant, George H. Oope, who is admitted to be the illegitimate child of Thomas Cope, by Margaret Cope, his polygamous wife claims the right to inherit a share of his father’s estate under a Territorial statute of Utah, enacted in 1852, which provided as follows: “ Section 25. Illegitimate children and their mothers inheri...
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delivered the opinion of the court. Our jurisdiction to review this case upon writ of. error depends upon the amount of the judgment, and the sole question is, whether upon the face of this record, the judgment is for five thousand dollars, or for that amount with interest from the date of the verdict. Under the peculiar practice obtaining in Pennsylvania, the judgment ivas not entered up for a...
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after stating the case, delivered the opinion of the court. By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law. Law, in its regular course of administration through courts of justice, is due process, and when secured by the ...
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after stating the case as above reported, 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 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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delivered the opinion of the court. The bill in this case was filed by the Northern Pacific Railroad Company to establish its right to land in odd-nümbered sections, amounting to many thousand acres, situated in the neighborhood of Glyndon, in Minnesota, which it claims under a grant of the United States, made by the act of Congress of *3 July 2, 1864; to “aid in the construct...
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delivered the opinion of the court. The plaintiff, the St. Paul, Minneapolis and Manitoba Railway Company, is a corporation created under the laws of Minnesota. The defendants are citizens of that State; and James Gfreenalgh, the grantee of his co-defendant, Charles W. Greenalgh, who received a patent of the United States, claims title to the land covered by that patent. The controversy in...
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after stating the case as above, delivered the opinion of the court. The principal defence in this case, duly made by the defendant, by formal plea, as well as by objection to the plaintiff’s evidence, and sustained by the Circuit Court, was that the indenture of lease sued on was void in law, because beyond the powers of each of the corporations by and between whom it was made. There...
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delivered the opinion of the court. This was an action of covenant, brought July 36, 1885, by the Central Transportation Company against Pullman’s Palace Car Company to recover the rent or sum of $132,666, due for the first two quarters of the year 1885, under the indenture of lease of February 17,1876, counted on in the other case between the same parties, argued at the same time, and ■ j...
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delivered the opinion of the court. This writ of error brings up for review a judgment of the Court of Appeals of Kentucky, affirming a judgment of the Circuit Court for Logan County, in that Commonwealth, in favor of the defendant in error against the Logan County National Bank, a banking association organized under the act of Congress. The petition states that in June, 1879, the- plaintiff ...
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delivered the opinion of the court. This action was brought by the Pullman Southern Car Company to recover from the Chicago, St. Louis and New Orleans Railroad Company the damages alleged to have been sustained on account of the destruction by fire of two of the plaintiff’s sleeping cars, the Great Northern and the Louisiana, while on the premises of the defendant. There was a verdict and ...
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delivered the opinion of the court. In the year 1872, the Burlington, Cedar Bapids and Minnesota Bail way Company — of which at the .time the intestate George Greene was president, as well as a stockholder, and of which he continued to be president until February, 1875, — had a settlement with the Northwestern Construction Company, of which also Greene was a member, for work done in buildi...
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after stating the case, delivered the opinion of the court. It is the settled doctrine of this court, as well as of the Supreme Court of Missouri, that unpaid subscriptions to the stock of a corporation constitute a trust fund for the benefit of its creditors, which may not be given away or disposed of by it, without consideration or fraudulently, to the prejudice of such creditors. New Albany...
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delivered the opinion-of the court. On the 28th of January, 1886, George T. Bliss and Isaac E. Gates instituted in the court below a suit in equity against the Kentucky Central Railroad Company, a corporation of Ken *129 tucky, for the foreclosure of a mortgage or deed of trust given ,to secure the payment of bonds of that company for a large amount; in which suit a receiver w...
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after stating the case, delivered the opinion of the court. 1. The answer of Philip J. Canova raises an objection to the maintenance of this bill in the fact that sixty per cent in value of the bondholders had not requested action upon the part of the trustee, as required by the trust deed, which, in covenant numbered second, provides in substance that, in case of default *141 ...
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delivered the opinion of the court. This is an action of ejectment to recover the possession of seven lots in Kansas City, Kansas. Defendant rested his .defence on tax deeds for the several lots, and the single question is as to the validity of those tax deeds. A jury being waived, the case was tried by the court; and findings of fact were made, from which the court, as a conclusion of law, held *...
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delivered the opinion of the court. This is a bill in equity, filed in the Circuit Court of the United States for the Northern District of New York, by George K. Johnson, a citizen of Michigan, in behalf of himself and of all other persons interested in the administration of the assets of Nelson P. Stewart, late of Detroit in the county of Wayne and State of Michigan, against several persons, citi...
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delivered the opinion of the court. This action was brought to recover the amount due on a' promissory note executed November 10,1884, by King for the sum of $7118.50, and made payable to the plaintiff Doane or his order one year after date, with interest at the rate, of seven per cent per annum from date until paid. By direction of the court the jury returned a verdict in favor of the pla...
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after making the above statement, delivered the opinion of the court. The case will be considered in the two aspects in which it is presented in behalf of the appellant. The first one is, that at the time Edward F. Stockmeyer entered into the agreement of the 25th day of January, 1884, before the notary, he ivas in a condition of great mental weakness; that there was gross inadequacy of co...
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delivered the opinion of the court. These cases are brought here by writ of error to the Supreme Court of Appeals of the State of Yirginia, except Dillard v. Moorman, No. 1638, which is a writ of error to the Corporation Court for the city of Lynchburg. A motion is now made by plaintiff in error to advance, and a-motion to dismiss on behalf of defendant in error. It appears .fro...
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after stating the.case, delivered the opinion of the court. The errors assigned are as follows: “ (1) There was error in sustaining the exception to that part of defendants’ plea which sought the recovery of profits, and in rejecting defendants’ offer of evidence in support of the plea. (2) 'The court erred in overruling the defendants’ motion to suppress the deposition of Odell.” We ...
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delivered the opinion of the court. This was an action of assumpsit by D. B. Wiggins and Jane M. Wiggins, his wife, citizens of New York, against S.' G. Bayne, J. M. Fuller and T. J. Melvin, citizens of Pennsylvania. The declaration alleged that on' November 21, 1883, Mrs. Wiggins sold, and the defendants agreed to buy, a tract of land, owned by her, and situated in Lafayette township...
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139 U.S. 216 (1891) NORTHWESTERN FUEL COMPANY v. BROCK. No. 1159. Supreme Court of United States. Submitted March 2, 1891. Decided March 16, 1891. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. *218 Mr. David B. Henderson and Mr. Francis B. Daniels for plaintiff in error. Mr. Charles A. Clark for defendants in error. MR. JUSTICE FIELD, after stating the case, d...
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139 U.S. 222 (1891) BRITISH QUEEN MINING COMPANY v. BAKER SILVER MINING COMPANY. No. 169. Supreme Court of United States. Argued March 13, 1891. Decided March 16, 1891. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. Mr. James B. Reilly for plaintiff in error. Mr. A.H. Wintersteen and Mr. Wayne McVeagh filed a brief for defendant in error. Mr. E.T. Wells, Mr. R.T. Mc...
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delivered the opinion of the court. This case was tried by the Circuit Court, without a jury, and under §§ 649 and 700, Rev. Stat., the finding must be “ either general or special.” It cannot be both. Here there was a general finding. The record contains a bill of exceptions, but no exceptions to the rulings of the court in the progress of the trial of the cause were thereby duly presented, a...
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after stating the case as above, delivered the opinion of the court. *232 At the very foundation of this action lies the objection of the defendant that the plaintiffs could not acquire or enforce any rights under or by virtue of the contracts of insurance made by them within the State of Arkansas, because they had not complied with the statute of Arkansas of April 4, 1887, c. 135...
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after stating the case, delivered the opinion of the court. The principal contentions in this court on the part of the defendant are that, although Massachusetts, if an independent nation, could have enacted a statute like the one in question, which her own courts would have enforced and which other nations would have recognized, yet when-she became one of the United States, she surrendere...
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delivered the opinion of the court. The plaintiff in error was deputy United States marshal for the Southern District of Iowa. Into his hands was placed a Avrit of attachment, issued out of the Circuit Court of the United States for that district, in the case of Marshall, Field & Co. v. George W. Hamilton. Under that Avrit he levied upon the major portion o...
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delivered the opinion of the court. This is an indictment against three persons, found in the Circuit Court of the United States for the Western District of Tennessee, under section 5515 of the Bevised Statutes. That section, with its punctuation, as published in the second edition of the Bevised Statutes, is as follows: “ Sec. 5515. Every officer of an election at which any Bepresent...
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delivered the opinion of the court. This case is submitted on a motion to dismiss or affirm. The facts are these: The State of Tennessee in 1847 (Acts of 1847-48, page 195) granted a charter of incorporation to the East Tennessee and Virginia Eailroad Company. In 1869,' this corporation was consolidated with the East Tennessee and Georgia Eailroad Company, under the name of the East Tennessee...
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after stating the case, delivered the opinion of the court. It is well settled by a long series of adjudications that, to give this court jurisdiction by writ of error to a state court, it must appear affirmatively, not only that a federal question was presented for decision to the highest court of the State having jurisdiction, but that its decision was necessary to the determination of the ca...
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delivered the. opinion of the court. This action is based upon a certificate of life insurance. There was a verdict and judgment in favor of the plaintiff, the beneficiary in the contract of insurance. The' refusal of the court to direct a verdict for the defendant and its rulings upon questions of law occurring at the trial constitute the general grounds upon which a reversal of the judgment i...
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after stating the case, delivered the opinion of the court. The writ of mandamus cannot issue in a case where its effect is to direct or control the head of an executive department in the discharge of an executive duty involving the exercise of judgment or discretion. United States ex rel. Redfield v. Windom, 137 U. S. 636, 644. When by special statute, or otherwise, a mere ministerial duty...
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delivered the opinion of the court. The essence of the Hoff patent consists in his method of manufacture, by taking a blank sheet of metal of the proper size and shape, folding it in the form of a cone, and then crimping the smaller end to form the bottom, which is thus made much thicker and more durable than the sides. The bottom shown in his drawings is composed of a series of concentric ring...
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delivered the opinion of the court. This is. a libel in admiralty, in rem, filed on the 23d of July, 1883, in the District Court of the United States for the'Southern District of New York, by the Providence Washington Insurance Company, of Providence, Rhode Island, and the Security. Insurance Company, of New Haven, Connecticut, against the steam canal-boat Sydney and the canal-b...
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delivered the opinion of the court. This'is an action brought in the Circuit Court' of the United States for the District of Massachusetts by R. E. Robbins and others, copartners as Robbins, Appleton & Co., against Roland Worthington, collector of customs for the revenue district of Boston and Charlestown, to recover an alleged excess of duties* paid under protest, on importatio...
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after stating the facts as above, delivered the opinion of the court. The bill in equity in this case was based on the judgment at law. That judgment determined the direct liabilities between the parties. It absolved the defendant from any primary obligation of debtor to creditor. It left it chargeable only as trustee of a fund out of which plaintiff’s claim was to be paid. It was like a judgment,...
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delivered the opinion of the court This was an action brought by Margaret C. McElrath, Mary E. McElrath and Linda E. Timmons against the Elyton Land *379 Company in the Circuit Court of the United States for the Northern District of Alabama. The complaint averred “ that Mary E. McElrath is a resident of the State of North Carolina, and that Linda E. Timmons and Margaret Celia McElrath are r...
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delivered the opinion of the court. The facts in this case are these: On March 1, 1838, one Eines Y. Roberson, whose name seems to have been spelled in different- ways, sometimes as above stated, sometimes . as “ Phineas Robertson,” again as “Phiness Y. Robinson,” still again as “Phiness Robinson,” received from the proper authorities of the State of Texas the following land certificate, enti...
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delivered the opinion of the court. These are appeals from final decrees rendered in the Circuit Court of the United States for the Southern District of New York, awarding to Abraham G. Jennings and Warren P. Jennings, complainants, damages against Thomas Dolan, of Philadelphia, and Kibbe, Chaffee, Shreve '& Co., of New York, for the infringement of letters patent No. 218,082 fo...
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delivered the opinion of the court. These cases are supplementary to that of Johnson v. Waters, 111 U. S. 610, decided by this court on appeal from the Circuit Court for the District of Louisiana in October term, 1883. In that case, William Gay, a judgment creditor of Oliver J. Morgan, deceased, to the amount of $33,250, besides interest, filed a bill on behalf of himself and all other cred...
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139 U.S. 417 (1891) HANDLEY v. STUTZ. No. 1516. Supreme Court of United States. Submitted January 12, 1891. Decided March 30, 1891. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE. *421 Mr. Edward H. East and Mr. James Stuart Pilcher for appellants. *422 Mr. Walter Evans and Mr. James R. MacFarlane for appellees. MR. JUSTICE BROWN delivered the opinion of t...
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delivered the opinion, of the court. This case was submitted to the District Court of the Second Judicial District of Montana Territory, on the following agreed statement of facts: “ 1. That the First National Bank of Butte is now and. was during all of the year 1 S8o and before that time a corporation duly created under and by virtue of the laws of the United States relating to natio...
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delivered the opinion of the court. By section 1, Article V,. of the constitution of Texas, the judicial power of the State ivas vested “ in one Supreme Court, in a Court of Appeals, in District Courts, in county courts, in commissioners’ courts, in courts of justices, of the peace and in such other courts as may be established by law.” By section 3, the jurisdiction of the Supreme Co...
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after stating'the case, delivered the opinion of the court. It must be regarded as settled that a petition for a writ of error forms no part of the record upon which action here is taken; Manning v. French, 133 U. S. 186; Clark v. Pennsylvania, 128 U. S. 395; Warfield v. Chaffe, 91 U. S. 690; Butler v. Gage, 138 U. S. 52: That to give this court jurisdiction to review the judgment o...
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delivered the opinion of the court. The object of this action is to recover damages for injuries, in person and property, alleged to have been sustained by the defendant in error (who was the plaintiif below) in consequence of the negligent manner in which the cars of the plaintiff in error were .operated on the occasion when such injuries were *470 received. The jury returned...
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delivered the opinion of the court. The present action was brought April SO, 1SS5, in the Superior Court of Suffolk County, Massachusetts, by Marie R. Liebsch, administratrix of the estate of Francis J. Liebsch, her deceased husband, against the plaintiffs in error, administrators of' the estate of C. Brown Snyder. Its object was to recover the sum of five thousand dollars alleged to have bee...
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delivered the opinion of the court. This is a bill in equity, filed in the Circuit Court of the: United States for the District of Massachusetts, on' the 1st of May, 1SS4, by the Electric Gas-Lighting Company, a Maine’ *482 corporation, against the Boston Electric Company, a Massachusetts corporation, for the alleged infringement of claims 2, 4 and 5 of reissued letters patent...
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139 U.S. 503 11 S.Ct. 594 35 L.Ed. 261 ELECTRIC GAS LIGHTING CO.v.TILLOTSON et al. No. 235. April 6, 1891. Edwin H. Brown, for appellant E. N. Dickerson, for appellees. BLATCHFORD, J. 1 This suit is founded upon the same reissue, No. 9,743, considered in Electric Gas-Lighting Co. v. Boston Electric Co., ante, 586, (just decided.) The...
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delivered the opinion of the court. This was a writ of error to review a judgment of the Supreme Court of the State of Wisconsin, denying to Patrick Manning a writ of habeas corpnts to discharge him froni the *505 custody of the warden of the state prison under a sentence of the municipal court for Ashland County. 76 Wisconsin, 365. The case was this: ...
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after stating the case, delivered the opinion of the court. The record in stating the judgment below does not show any findings of fact by the court, which tried the case without the intervention of a jury. The order for the judgment necessarily implies that the facts were found by the court upon which the order was made, but, like a verdict of a jury, the findings should properly appear i...
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delivered the opinion of the court. The machine described in this patent is designed for burnishing the edges of the sole of a boot or shoe after it has been trimmed by a cutter to the desired shape, and consists of a combination of three elements : 1. A tool for burnishing sole edges; 2. -A lip or guard, which forms part of the tool: 3. A finger-rest. After the sole is...
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delivered the opinion of the court. The general proposition is well established that words which are merely descriptive of the character, qualities or composition of an article, or of the place where it is manufactured or produced, cannot be monopolized as a trade mark; Canal Company v. Clark, 13 Wall. 311; Manufacturing Company v. Trainer, 101 U...
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This is an application for a writ of error made to the court in session, under the apprehension on the part of counsel that it was directed to be so presented. We have, therefore, considered it, with the result that the writ must be denied. Dale Tile Mfg. Co. v. Hyatt, 125 U. S. 46; Walter A. Wood Co. v. Skinner, ante, 293. We wish it to be distinctly .understood that in future no •such...
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delivered the opinion of the court. Fowler, deceased, claimed as having by assignment become the owner of all the interest of one. McClosky in the subject *550 matter of this suit, and in certain letters patent, in respect to which the bill herein was filed by McClosky against Hamill. A decree dismissing the bill was entered in the Circuit Court on April 21,1883. Judgment for costs was render...
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delivered the opinion of the court. This was an action brought March 11, 1884, by Tolson against the Inland and Seaboard Coasting Company to recover damages for the crushing of his foot by the negligent management of a steamboat of the defendant. The plaintiff recovered a verdict for $8000, judgment on which was affirmed in general term. 6 Mackey, 39. The defendant sued out this writ of er...
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delivered the opinion of the court. The plaintiff, the Selma, Rome and Dalton Railroad Company, seeks in this action to recover the sum of $5915.80, which *561 is alleged, to be the balance due on a written contract executed July 10th, 1858, between the United States and the Alabama and Tennessee Rivers Railroad Company, an Alabama corporation, whereby that corporation was to receive for tran...
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delivered the opinion of the court. This is a suit in equity, brought by the Interstate Land Company, a Colorado corporation, against the Maxwell Land Grant Company, a corporation organized under the laws of the Kingdom of the Netherlands, and doing business in Colorado, pursuant to the laws of that State, to establish its title to a large tract of land in Las Animas County, Colorado, for ...
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delivered the opinion of the court. The question whether, even if the act under which the tax in question was imposed were unconstitutional and the tax void, complainant on behalf of the express company was •entitled to the relief accorded, meets us on the threshold. It was ruled in Dows v. Chicago, 11 Wall. 108, 112, that a suit in equity will not lie to restrai...
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delivered the opinion of the court. The invention covered by this patent consists in the use in a telegraph key of a flat strip of metal supported at either end upon posts by means of adjustable screws and to the centre of which the lever is fastened. The torsional action of this piece of metal serves as a spring support for the lever. The main object of the invention is the substitution of thi...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the Northern District of Illinois, in August, 1888, by John Y. Farwell and others, copartners as John Y. Farwell & Co., against Anthony F. Seeberger, collector of customs for the port and district of Chicago, to recover an alleged excess of duties, paid under protest, in that...
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139 U.S. 612 (1891) MAGONE v. LUCKEMEYER. No. 880. Supreme Court of United States. Argued March 30, 31, 1891. Decided April 13, 1891. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Mr. Solicitor General for plaintiff in error. Mr. Francis Lynde Stetson for defendants in error. MR. JUSTICE BLATCHFORD delivered the opinion of the court. This case involves the...
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delivered the opinion of the court. This is an action at law, brought in the Circuit Court of the United States for the District of Colorado, by William S. Everett and James M. Robinson, against William J. Wilson, •to recover the sum of $65,000, for alleged services performed *617 by the plaintiffs at tbe request of the defendant, between June 1, 1883, and November 1, 1885, in and about the s...
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delivered the opinion of the court. The plaintiffs in error were severally complained of, tried, convicted and sentenced in a recorder’s court in the city of New Orleans for keeping a private market within six squares of a public market, in violation of § J of an ordinance of the city, copied in the margin, 1 and passed under the authority conferred by the statute of Louisiana o...
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after stating the case as above, delivered the opinion of the court. The ruling below was in accordance with decisions in other circuits. Biddle v. Hartranft, 29 Fed. Rep. 90; Lloyd v. McWilliams, 31 Fed. Rep. 261. But it appears to us to have proceeded upon an erroneous view of the statute, as applied to the case before the court. The general scope of the similitude clause in the cus...
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delivered the opinion of the court. This action involves the title to a certain stock of goods seized under attachments sued out against the property of H. P. Lane from the Circuit Court of the United States for the Northern District of Iowa, and directed to the marshal of that district for execution. The goods, when seized, were in the possession of the plaintiff in error, who claimed the...
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after stating the case, delivered the Opinion of the court. By the Code of Oregon the findings of the court in an . equity case of this kind are as conclusive as similar findings would be in an action at law. Hill’s Annotated Laws of Oregon, sec. 397. They must therefore be taken as correct in the disposition of the question before us, they not having been set aside or qualified by any sub...
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delivered the opinion of the court. Plaintiff in error was indicted by the grand jury of Tarrant County, Texas, for that, in that county, on July 6, a.d. 1889, he “ with force and arms, did, unlawfully and with his express malice aforethought, kill and murder one B. C. Evans with a pistol, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of ...
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delivered the opinion of the court. These were bills filed in the Circuit Court of the United States for the Middle District of Tennessee against the comptroller of that State, for an injunction restraining him from the collection from complainant o certain privilege taxes or license fees for the years 1881, 1888 and 1889, under laws of the State of Tennessee in that behalf, whi...
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after stating the case, delivered the opinion of the court. Two questions are presented by the record in this case. First, whether the defendant lost the power to take possession of its right of way by its failure to construct its road within the time limited by the acts of Congress. And second, whether it is estopped to claim that it took nothing under its deed from the plaintiff, and may...
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delivered the opinion of the court. This is a bill- in equity, filed on the 9th of June, 1883, in the Circuit Court of the United States for the District of Nebraska, by the county of . Boone, a municipal corporation of the State of Nebraska, against the Burlington and Missouri' River Railroad Company in Nebraska, a Nebraska corporation, and Horatio H. Hunnewell, a citizen of Massachusetts...
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delivered the opinion of the court. This suit was brought by George F. ~W. Bartels and others in the New York Supreme Court, November 12,1863, against Bed-field, then late collector of the port of New York, to recover back the sum of fifteen hundred dollars duties at the rate of forty per cent under Schedule B of the act of July 30, 1846, 9 Stat. 42, c. 74, that had been unlawfully assessed o...
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aftér making the foregoing statement, delivered the opinion of the court. • The contention of the complainant below was, that the act of 1887, under which the defendants below assumed to act, in 'the matter of the cancellation of his certificates of sale, was ■ ‘in violation of section 10, article I, of the Constitution of the • ¡United States, in that it impaired the obligation of the con...
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after stating the case, delivered the opinion of the court. A preliminary question in the first case requires notice : Is the amount in controversy sufficient to give this court jurisdiction of this appeal? What is the subject matter of the controversy? Evidently the leasehold interests held by the Coal and Coke Company. What is the value of those interests ? The pleadings in the intervent...
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delivered the opinion of the court. In the year 1879, William Hill, the testator of the defendants in error, obtained a judgment in the court below against the county of Scotland, Missouri, for the sum of $46,944, the amount of certain coupons of bonds bearing date September 1, 1870, and issued to the Missouri, Iowa and Nebraska Rail-, way Coinpany, a corporation created by the consolidation of...
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The decree of the Circuit Court is affirmed upon the authority of Leach v. The People, 122 Illinois, 420; Harter v. Kernochan, 103 U. S. 562; Bonham v. Needles, 103 U. S. 648. Affirmed,. ...
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No assignment of errors accompanies the transcript of record in this case, nor is there any specification of the errors relied on in the brief of counsel for plaintiff in error. Moreover, the record presents no question of law calling for the exercise of our right of review. Fishburn v. Railway Co., 137 U . S. 60; Pacific Express Co. v. Malin, 132 U. S. 531, 538. The judgment is Affirm...
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This was an action brought under sections 3961 and 4057 of the Revised Statutes. There was evidence tending to establish the issues on plaintiff’s part, within the rule laid down in United States v. Barlow, 132 U. S. 271. The court took the case away from the jury and in that committed error. The judgment is reversed, o/rtd the cause remanded with a direction to award a new trial. ...
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The only exceptions properly preserved were to the refusal of the court to give defendant’s first, second and seventh instructions to the effect that there could be no recovery under the first or under the second count of the declaration, (and there were but two,) and that the verdict must be for the defendant. We are- of opinion that the case was clearly, under each count, for the consideration a...
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delivered the opinion of the court. This is a suit in equity to compel a transfer to the complainant of certain shares of the capital stock of the Chicago and Evanston Railroad Company, and for other relief. It is brought against numerous defendants, who are alleged to be interested more or less in the several contracts and transactions out of which the claim of the complainant arises. ...
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delivered the opinion of. the court. Prior to the invention of Dr. Richmond, the only method of supplying an artificial for a natural crown, in case the tooth had decayed or broken off, was by what is called a peg tooth. This was made by drilling the nerve canal larger; then a porcelain tooth with a hole in it was ground to fit the root, and the two were connected together by a wooden or m...
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delivered the opinion of the court. The Illinois Grand Trunk Railway Company was incorporated in 1S67, under a special charter granted by the legis *66 lature of the State of Illinois.' On June 25,. 1870, the town of Lamoille voted to subscribe 'to the capital stock of the railway company to the amount of thirty thousand dollars, and to issue in payment therefor its bonds, pay...
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Appeal from the Circuit Court of the United States for the Northern District of Illinois, submitted March 24, 1891, presents the same questions, and the decree in that case alsq will be affirmed. The Chief Justice did not participate in the consideration and decision of this pase....
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after making the foregoing statement of the case, delivered the opinion of the court. A preliminary question of pleading raised by the defendant meets us at the threshold of our investigations. It is urged that, as the answer was verified by the oath of the defendant, and as the reply was not verified by any oath of the plaintiff, therefore the verified answer must be taken as true, under secti...
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delivered the opinion *82 The chief difficulty in the way óf a connected review of this case lies in the great number of errors assigned by the plaintiff. in error, embracing exceptions to the admission of evidence during the progress of the trial, and to the charge of the court, and also to refusals to charge as requested. They are sixty-six in number, covering ten pages of the printed recor...
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delivered the opinion of the court. On the 16th of January, 1881, Lewis H. McDade brought an action at law in the Supreme Court of the District of Columbia against the Washington and Georgetown Railroad Company, to recover damages for personal injuries alleged to have been inflicted upon him in consequence of the negligence of the employes of the company, and of the unfit character and con...
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after stating the case as above, delivered the opinion of the court. It has been necessary to state the facts at length in order to make the case intelligible. But the questions of law lie within a narrow compass. The scope and effect of the contract in question depended wholly upon written correspondence, and in no degree upon extrinsic circumstances, and were, therefore, to be deter...
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after stating the case, delivered the opinion of the court. This is a suit in equity to subject the property of the defendants to the payment of a .simple contract debt of one of them, in advance of. any proceedings at law, either to establish the validity and amount of the debt, or to enforce its collection. It is'- founded upon sections 1843 and 1845 of the Code of *109 Mississippi of 1880,...
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140 U.S. 117 (1891) BIRDSEYE v. SCHAEFFER. No. 920. Supreme Court of United States. Submitted April 20, 1891. Decided April 27, 1891. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. *118 Mr. Philip B. Thompson and Mr. J.M. Vale for the motion. Mr. Bethel Coopwood and Mr. John Hancock opposing. PER CURIAM. The writ of error is dismissed upon the authority of Gurn...
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140 U.S. 117 11 S.Ct. 885 35 L.Ed. 402 BIRDSEYEv.SHAEFFER et al. April 27, 1891. Phil B. Thompson and J. M. Vale, for motion. Bethel Coopwood and John Hancock, opposed. FULLER, C. J. 1 The writ of error is dismissed upon the authority of Gurnee v. County of Patrick, 137 U. S. 141, 11 Sup. Ct. Rep. 34; Railroad Co. v. Thouron, 134 U. S. 4...
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after stating the case, delivered the opinion of the court. The following errors are assigned upon the recoi’d or specified in the briefs of counsel: (1) That the indictment was fatally defective in not alleging when and where the victim died : (2) That the court erred in denying defendants’ motion *127 for separate trials: (3) And in entering a joint judgment against defendan...
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delivered the opinion of the court. This was an action on contract, brought in the Superior Court of the Commonwealth of Massachusetts for the county of Suffolk, by Henry Amy, a citizen of New, York, against Jerome F. Manning, a citizen of Massachusetts, principal defendant, and certain other named defendants who were supposed to have property belonging to Manning in their possession, to r...
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delivered the opinion of the court. The duties of commissioners of the Circuit Court are thus defined in section 1014 of the Revised Statutes: “ For any crime or offence against the .United States, the offender may, by any justice or judge of the United ’§ta ;s, or.-by any commissioner of a Circuit Court to take .bail, .or by any- , '. . justice of the peace or other magi^trateffthf -any State....
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delivered the opinion of the court. No question was made as to petitioner’s appointment as Commissioner and Chief Supervisor, nor as to his account having been duly approved by the court, as required’by the act of Congress of February 22, 1875, 18 Stat. 333, c. 95, and forwarded to the department at Washington. That the services had actually been performed was also admitted by the district atto...
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delivered the opinion of the court. No question is made in regard to the actual performance\\ of the services charged for, but the Attorney General contends that there is no warrant of law for the allowance of the following items: 1. “ Recording and indexing 105 informations, $31.50.” It is not.altogether easy to determine what is meant by “informations,” as used in this connection. The only ...
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delivered the opinion of the court. It was admitted that the petitioner was a commissioner of the Circuit Court; that he actually and necessarily performed the services set forth in his petition; and that his-accounts containing .those charges were duly approved by the District Court,-as required bylaw. Objection was made by the government to the allowance of the following items: • 1. “ Drawing co...
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delivered the opinion of the court. This account consists of ninety-nine separate items, which we proceed to consider in the order in which they appear in the demurrer filed in the court below, and in the opinion of the court. 1. The first series of items embraces the fees charged in forty-five criminal cases, for filing the.papers certified up by the commissioners before whom the examinati...
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delivered the opinion of the court. This case was, submitted upon briefs filed in a prior case between the same parties, United States v. Barber, ante, 164, which, however, did not discuss the points involved, and in the absence of an assignment of errors, the demurrer also being general, we are compelled to look to the disallowances by the first comptroller, and to the opinion of the court...
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delivered the opinion of the court. A large amount of testimony was taken in this case in the Circuit Court, but all that Ave find it necessary to consider *182 lies within á very narrow compass. Stripped of its verbiage, this patent consists simply of a shirt bosom bound at its edges and stitched through its binding to the body of the shirt. The custom of .binding the cut edges of cloth, eit...
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Appeal from the Circuit Court of the United States for the Southern District of New York; No. 175. Argued with No. 174. As this case also turns upon the validity of the same patent the decree of the ...
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after stating the case, delivered the opinion of the court. The defendant contends (1) that the. contract of December 1Y, 18YY, did not bind the plaintiff to grant to the defendant the privilege of manufacturing or selling any number of Starling sulky plows, or of manufacturing or selling them for any length of time, and did not bind the defendant to manufacture or sell any number of them, or t...
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delivered the opinion of the court. Peter J. Claasen, having been indicted under section 5209 of the Revised Statutes, in the Circuit Court of the United States for the Southern District of New York, was, on the 28th of May, 1890, on a trial before the court, held by Judge Benedict,. District Judge for the Eastern District of New York, and a jury, found guilty on five of the counts of the indic...
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delivered the opinion of the court. This case is one of a large number involving litigation growing out of the foreclosure of a mortgage upon the Toledo, Cincinnati and St. Louis Railroad- of Ohio, Indiana and Illinois. The facts necessary to jin understanding of the question at issue, briefly stated, are as follows: The Erankfort and Kokomo Railroad was a road of about twenty-five mi...
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delivered the opinion of the court. This was an action by an importer, the testator of the present plaintiffs in error, against a late collector of the port *214 of New York, to recover an alleged excess of duty exacted on a cargo of iron rails imported from Pillau, Eussia, in June, ■ 1880. The collector assessed a duty on- the merchandise at seventy cents per hundred pou...
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after stating the case as above, delivered the opinion of the court. It.being alleged by the plaintiff, and,admitted by the defendant, that Naas, one of the makers of the notes in suit, signed them as surety for the Mount Yernon Mill and Elevator Company, the other maker, and that the defendant, Mackey, endorsed the notes for the accommodation of that company, there can be no doubt that an agre...
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after stating the case as above, delivered' the opinion of the court. Upon the question whether the contract sued on was made in New York or in Missouri, there is nothing in the record, except the policy and application, the petition and answer, by which the facts appear to have been as follows : The assured was a resident of Missouri, and the application for the policy was signed in Missouri. ...
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after stating the case, delivered the opinion of the court. 1. The judgment rendered December 22, 1886, was for $3938.40, with interest thereon at the rate of six per cent per^ annum from the 11th-of March, 1882. The principal and interest Amounted at that time to $5062.07. But on a subsequent day the court, the defendants being present by counsel and not objecting, allowed the plaintiff to r...
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delivered the opinion of the court. The principal contention of the appellant is, that the. court martial convened under the order of Rear Admiral Crosby was an illegal body, without jurisdiction to try him. This contention is based upon the fact that of the seven members of the court participating in the trial, 'five were his juniors in rank. Our attention has been called to the clause -of the...
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delivered the opinion of the court. On April 10, 1884, appellants filed their bill in the Circuit Court of the United States for the Southern District of' Georgia, praying for the foreclosure of a mortgage. The mortgagor and debtor was Daniel A. Jewell. The other defendants were alleged to have interests in the mortgaged *248 property.' On October 29, 1885, a decree was entere...
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after stating the ease, delivered the opinion of the court. ¥e are of opinion that the decision of the Chancery Court of New Jersey, as sustained by the Court of Errors and Appeals of that State, is correct, and must be affirmed. The 'first and obvious reason is -that the judgment of the Supreme feourt of New York was not responsive to the issues presented. The section of the Federal Const...
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delivered the opinion of the court. This case has been in this court once before. - A judgment in favor of the defendants was reversed on account of an error in pleading. Halsted v. Buster, 119 U. S. 341. On its return to the trial court the pleadings were amended, and the case *274 proceeded to trial before a jury. The judgment and verdict were a second time in favor of defendants, and aga...
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after stating the case, delivered the opinion of the court. The ground upon which the appellant based his application for writs of habeas corpus and certiorari was that his trial and conviction were in violation of his rights under the Constitution and laws of the United States, in that the grand jurors, who returned the indictment, and the petit jurors by whom he was tried, were drawn from...
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after stating the case, delivered the opinion of the court. • As Jugiro’s first written application for a writ of haK corpus alleged that he was restrained of his liberty in violation of the Constitution of the United States, no question is made, as, indeed, none could be made, as to his right under • the existing statutes of the United States, relating to habeas corpus, to have prosecuted ...
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after stating the case, delivered the opinion of the court. If the fburth plea was sufficient in law to bar the maintenance of this action, it is not necessary to set forth the other pleadings and the action of the court thereon. . . The first and second sections of an act of the General Assembly of the State of Illinois, entitled “An act to amend the several laws, concerning limitati...
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after stating the case, delivered the opinion of the court. The commissioner in his report committed a manifest error in holding that the Wabash Company possessed any interest in the property of the Elevator Company. The facts found by him as to the organization of the latter, the subscription ■ to its stock, the construction of the elevator and its lease to others, show beyond controversy the ...
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after making the above statement,, delivered the opinion of the court. The Chief Justice of the Supreme Court of California, under its order, made his certificate to the effect that in this suit and *325 appeal there was drawn in question the validity of the above act of March 23, 1876, and the authority exercised and the proceedings taken under it, on the ground that the statute and said aut...
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delivered the opinion of the court. Was the obligation of a contract impaired, or plaintiff deprived of property without due process of law, by the act of March 31, 1882.? The argument is that, because the real estate assessed might, in the absence of purchasers at the sale to enforce the assessment, be struck off to the board for the term of fifty years, under the 5th section of the ...
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after stating the case, delivered the opinion of the court. The bill was filed in the Circuit Court- of Calhoun County for the specific performance .by defendants below, of an alleged contract betweeii Marsh and the plaintiff below, byiwhidh the latter was to ,be permitted, if Marsh obtained a patent oh the improvement in question, to make, use, vend and employ said device on any or all en...
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delivered the opinion of the court. This court has repeatedly held that under the act of February 16, 1875, 18 Stat. 315, “ to facilitate the disposition of cases in the Supreme Court of the United States, and for other purposes,” we are no longer at liberty to pass upon disputed questions of fact, but, are bound to accept the findings of the Circuit Court as conclusive, and are limited to...
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Concurring opinion of I concur in the judgment in this case, but not in all the-views expressed in the opinion. I adhere -to what I said ■ in my dissent in the case of Neal v. Delaware, 103 U. S. 370, 405, 409, that there is nothing in the late amendments to the Constitution, the Thirteenth, Fourteenth and Fifteenth, which requires that colored citizens shall be summoned on juries, *371grand or ...
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140 U.S. 371 (1891) HARDIN v. JORDAN. No. 161. Supreme Court of United States. Argued January 23, 26, 27, 1891. Decided May 11, 1891. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. *372 Mr. Thomas Dent for plaintiff in error. Mr. W.C. Goudy for defendant in error. MR. JUSTICE BRADLEY delivered the opinion of the court. This is an action of ejectment brought...
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delivered the opinion of the court’. *407The decision of this case depends upon the same general principles which have just been discussed in the case of Hardin v. Jordan, the two cases being in all essential respects much alike, both of them relating to land on the margin and under the waters of Wolf Lake. But before adverting to the supposed distinction between them, it is necessary to examine a...
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after stating the case, delivered the ■opinion of the court. The question presented is whether the evidence before' the court below was sufficient to show that the petitioner was a citizen of the United States. The testimony given by himself amounted to very little; indeed, it was of no force or weight whatever. The particularity. and positiveness with which he stated- the place of his birth in Sa...
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after, stating the case, delivered the opinion of the court. The refusal of the officers of the customs at the port of San Francisco to allow the petitioner to land, and his consequent detention by the master of the steamship in which he was brought 'to this country, were not founded upon the act of May 6, 1882, and the act amendatory thereof, as erroneously *426 alleged in his petition. They...
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after stating the case as aboye, delivered the opinion of the court. The complainants found their claim to an injunction restraining the use of their registered label by the defendants, and to an accounting for the profits made by them on the sales of bottles of ink with such .labels, upon the ground that one of their .number had secured a copyright of the same for the period of twenty-eight ye...
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140 U.S. 435 (1891) GLEESON v. VIRGINIA MIDLAND RAILROAD COMPANY. No. 287. Supreme Court of United States. Argued April 6, 1891. Decided May 11, 1891. ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. *437 Mr. Guion Miller (with whom was Mr. Isaac H. Ford on the brief) for plaintiff in error. Mr. Linden Kent for defendant in error. *439 MR. JUSTICE LAMAR, having made the foregoing statement...
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delivered the opinion of the' court. Describing the decree of May 4, 1878, as “interlocutory,” and that of November 30, 1887, as “ final/’ appellant assigns errors as follows : That the decree of May 4 is. erroneous, because it in effect overruled the demurrer to the bill; and denied appellant’s motion to file its amended and supplemental answer; and that the decree of November 30, 1887, i...
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after stating the case, delivered the opinion of the court. The Circuit Court did not refuse to discharge the petitioner upon any independent conclusion as to the validity of the legislation of Congress establishing the consular tribunal in Japan, and the trial of Americans for offences committed within the territory of that country, without the indictment of a grand jury, and without a tr...
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delivered the opinion of the court. This is a suit brought by the appellees against the appellants on a patent issued to Hezekiah Conant for an improvement in machines for winding thread on spools. The patent was issued December 13, 1859, but antedated 22d June, 1859, and at its expiration was renewed for seven years from 22d June, 1873, finally expiring in 1880. Its number was 26,415.’ Th...
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delivered the opinion of the court. ■ This was a suit' in equity brought by Mollie N. Albright and William E. Oyster, by their next friend, David E. Oyster, and David E. Oyster in his own right, citizens of Missouri, against George Oyster, Margaret Oyster, Margapetta Oyster, executrix of the last will and testament of Simon Oyster, de *494 ceased; Simon K, Oyster and Iola E. O...
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delivered the opinion of the court. This was an action at law brought in the Circuit Court of the United States for the District of Louisiana, by Alfred Marchand, a citizen of the Kepublic of France, against Josephine Adéle Livaudais, wife of Charles Lafitte, to recover the sum of $5000, with interest, costs and damages, which alleged indebtedness was represented by two promissory notes ex...
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after stating the cáse, delivered .the opinion of the court. The single question on the merits of the case is, whethér, at the date of their adjudication in bankruptcy, the claim of the defendants in error for war premiums passed to their assignees in bankruptcy, as a part of their estate. As preliminary to the discussion of the merits of the case, it is urged by the defendants in error that ...
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after staging the case, delivered the opinion of the cc/urt. The power of the State to impose restraints and burdens upon persons and property in conservation'and promotion of the public health, good order and prosperity, is a power originally and always belonging to the States, not surrendered by them to the general government nor directly restrained by the Constitution of ■ the United St...
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delivered the opinion of the court. This was a bill in equity by the Hibernia Insurance Company, a corporation of Louisiana, against the Insurance Company of North America, a corporation of Pennsylvania, to recover back sums paid under policies of reinsurance by which the plaintiff reinsured the defendant. The bill prayed;for a discovery, an account and general relief. The case was referre...
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delivered the opinion of the court. ' On June 12,1890, the petitioner was, by the District Cou^t of the Second Judicial District of the Territory of Arizona, sentenced to be hung. He has sued out this habeas corpus t¿> test the validity of such sentence. .He does not come here .by' writ of error to review the proceedings, so that errors therein may be corrected; but attacks them in this wa...
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delivered the opinion of the court. ' On the 13th of January, 1891, Abraham Staab, William II. Nesbitt and Juan Garcia filed in the District Court of the First Judicial District of the Territory of New Mexico, and presented to the judge thereof, their petition, in which they set .forth certain facts, showing, as they claimed, that they had been elected, at the general election in November ...
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delivered the opinion of the court. This case, like that of Kneeland v. Lawrence, ante, 209, grows out of litigation respecting the foreclosure of the mortgage of the Central Trust Company of New York upon the Toledo, Cincinnati and St. Louis Railroad. The appellee herein, the Bass Foundry and Machine Works, is an Indiana corporation, having its place of business...
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delivered the opinion of the court. No. 1218 was a bill in equity, filed by the Attorney General •of the United States, on their behalf, against the Dalles Military Boad Company, James K. Kelly, C. N. Thornbury, the Eastern Oregon Land Company and twelve other individual defendants. The bill sets forth that on the 25th of February, 1867, the Congress of the United States passed, and t...
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delivered the opinion of the court. This is a proceeding involving the question of the validity of a sale for taxes of lot 5 in block 110, situated in the United States reservation of the Hot Springs, in Garland County, Arkansas. It was commenced by a petition filed July 22, 1887; in the Circuit Court of that county, by R. W. Martin, to confirm his tax title to the lot in' question. The petit...
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delivered the opinion of the court. This was an action brought by the Chicago Distilling Company, the plaintiffs in error, against Rensselaer Stone, a collector of internal revenue, to recover a certain sum alleged to have been unlawfully exacted' by him from the plaintiffs, by assessing them for a pretended excess of grain distilled by them beyond the rated capacity of their distillery, in the...
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after stating the case as above, delivered the opinion of the court. Upon the admitted facts of this case, it is undisputed, and indisputable, that the spaces of land in question were originally part of tlie public quay or levee in New Orleans, dedicated to public use, and, in the phrase of the law of Louisiana, locus public us, and that they never ceased to be such, so as to be...
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delivered the opinion of the court. This is a petition for a writ of prohibition to be directed to the judge of the District Court of- the United States for the Eastern Division of the Southern District of Georgia^ to prohibit said judge from taking further cognizance of a certain suit instituted before him in said court. The suit sought to be prohibited is a libel filed in said court by J...
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after.stating the case as above, delivered. the opinion of the court. Upon this writ of error, whether this tax was in accordance with the law of Pennsylvania is a question on which thh decision of the highest court of the State is conclusive.' The only question of which this court has jurisdiction is whether the tax was in violation of the clause of. the Constitution of. the United States...
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delivered the opinion of the court. This was a bill in equity by Pullman’s Palace Car Company, a corporation of Illinois, and having its place of business and its principal office in that State, again'st the treasurers. of fifty counties in Kansas, the Atchison; Topeka and Santa Fé Pailroad Company and; eight other railroad companies, corporations of Kansas, the Missouri Pacific Pailway Company...
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delivered the opinion of the court. Three informations in equity were filed in the Supreme Judicial Court of Massachusetts, by the Attorney General at the relation of the Treasurer of the Commonwealth, against the Western Union Telegraph Company, a corporation of New York, under section 54 of chapter 13 of the Public Statutes of Massachusetts, for the recovery of. taxes assessed to the ■defenda...
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after stating the case, delivered, the opinion of the court. We regret that we are unable to concur with the learned Court of Appeals of Kentucky in its views on this subject. The law of Kentucky, which is brought in question by the case, requires from the agent of every express company not -incorporated by J’-e laws of K&. .icky a license from the auditor of p"hlic °ccounts, before...
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delivered the opinion of the court. This was an action brought in 1886, in a justice’s court in Norfolk, State of Virginia, by Wright, the defendant in error, against the plaintiffs in error, R. P. Voight & Co., to recover fifteen dollars for fees alleged to be due to the plaintiff for inspection of flour. Judgment was rendered for the plaintiff, and an appeal taken to the corporation- cou...
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delivered the opinion of the court. ' This case presents a question under the clause of the Constitution of the United States relating to the impairment by state legislation of the obligation of contracts. The appellant, who 'was the plaintiff below, claims that his testator, Albert Stein, deceased, acquired by valid contract, and to the exclusion of all other persons or corporations, the rig...
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delivered the opinion of the court. ■ By an act of Congress approved February 25th, 1889, it was provided that in all cases where a final judgment or decree shall be rendered in a Circuit Court of the United States in which there shall have been a question involving the jurisdiction of that court, the party against whom the judgment or decree is rendered shall be entitled to an appeal or w...
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after stating the case, delivered the opinion of the court. No objection was made in the Chancery Court of Shelby County to the record of the proceedings in the Supreme Court of New York upon the ground that the transcript was incomplete or not properly authenticated. If the objections were well taken, they were removable, and they should have been raised in the court below. The record was, how...
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This case was decided by the Circuit Court in favor of the State National Bank, upon the-facts, and after a patient investigation of the record, with the aid afforded by the arguments and briefs of counsel, we are unable to hold that the Circuit Court erred in the conclusions at which it arrived. The decree will, therefore, be Affirmed. ...
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delivered the opinion of t.he court. Petitioner was indicted for a violation of the third section of the act of March 3, 1887, 24 Stat. 635, c. 397,entitled “An act to amend an act entitled c An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,’ approved March twenty-second, eighteen hundred and e...
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141 U.S. 117 11 S.Ct. 942 35 L.Ed. 648 REYNOLDS et al.v.BURNS et al. May 25, 1891. This was a bill originally filed by the appellants to enjoin the execution and enforcement of a judgment in ejectment, wherein Thomas Burns and Martha B. Burns were plaintiffs, and Daniel Reynolds, Levi H. Springer, Samuel F. Halley, Hiliary H. Halley, Watt C. Halley, and Richard Hurt were...
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after stating the case, delivered the opinion of the court. . The only averment of the plaintiffs’ citizenship appearing in the record prior to the remittitur is contained in the first allegation of the petition, that “ the petitioners, who are hereinafter styled plaintiffs, are and were at the times of the accrual of the causes of action hereinafter stated, a mercantile firm, composed as afore...
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delivered the opinion of the court. This was an action commenced by the filing of a complaint on September 19, 1890, in the Circuit Court of the United States for the Western District of Arkansas. The defendants in error were plaintiffs oelow. They alleged that they were respectively the widow and children of James A. McBride, deceased, and his nest of kin and heirs at law, and that there ...
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after stating the case, delivered the opinion jof the court. In the language of appellant’s counsel, the bill was framed upon'the theory of a breach by the defendants as directors “of their common law duties as trustees of a.financial corporation and of breaches of special restrictions and obligations of the national banking act.” And it is claimed that the deféndants should have been...
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delivered the opinion of the court. Ward McAllister, Jr., was appointed by President Arthur, by and with the advice and consent of the Senate, to be District Judge for the District, of Alaska. His commission, of date July 5th, 1881, authorized and empowered him to execute and fulfil the duties of that office according to the Constitution and laws of the United States, and to have and to ho...
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delivered the opinion of the court. Substantially the same questions are presented in this case that have been determined in McAllister v. United States, ante, 174, just decided. Upon the authority of that case, and for the Reasons stated in the opinion, the judgment is Affirmed. Mi*. Justice Field, wither it??- anovyredA. ° jsjtce Gray. and Mr. Justice Brown, dissenting. *203 ■ I...
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delivered the opinion of the court. While the whole amount of Havird’s claim was $5595.47 — more than enough to give this court jurisdiction — the sum of $1994.25 was for disbursements in boarding prisoners and in jailor’s fees, le*aving but $3601.22 as representing the salary, fees and other perquisites of the office. As Havird was sheriff de-facto, Gorman, even if he had maint...
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141 U.S. 209 11 S.Ct. 883 35 L.Ed. 718 CALDWELLv.STATE OF TEXAS. May 25, 1891. J. S. Hogg Atty. Gen., and R. H. Harrison, Asst. Atty. Gen., for the state. J. Randolph Burns and A. H. Garland, opposed. The writ of error in this case was dismissed January 12, 1891. Cald well v. Texas, 137 U. S. 692, 11 Sup. Ct. Rep. 224. Plaintiff in error applied for a reheari...
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after stating the case, delivered the opinion of the court. On the general merits of the case, it may be observed that the action is on a contract for goods purchased by defendants. If no such contract of purchase was - in fact made, the verdict was right; and this, although goods of the plaintiffs were surreptitiously put into the possession of defendants, and the proceeds of sales made t...
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delivered the opinion of the court. On July 28, 1883, the MCtna Iron Works of San Francisco entered into a contract with the Gregory Consolidated Mining Company to build and equip for it at Gregory, Montana, a complete concentrating mill' of specified capacity. The contract provided that the mill “ shall be completed and delivered in perfect funning order within four months from date, provided ...
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delivered the opinion of the court. This "case belongs to the same group as Delano v. Butler (118 U. S. 634) and Aspinwall v. Butler (133 U. S. 595). It relates to pertain shares of the increased stock of the Pacific National Bank of Boston issued in September, 1881.' The circumstances under which said stock was created and subscribed are .detailed in the reports of the cases referred t...
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delivered the opinion of the court. This is an action brought by the receiver of the Pacific National Bank of Boston against George L. Thayer, trustee, to recover one hundred per cent of the amount of his capital stock in said bank upon his individual liability as a stockholder under section 5151 of the Revised Statutes. The amount sued for was $8000 (with the'interest thereon), being $4000, th...
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delivered the opinion of the court. This case is a sequel to the case of Pacific National Bank v. Eaton, just decided. It was an action brought by the receiver of the Pacific National Bank of Boston against Mary J. Eaton to-recover one hundred per cent of the amount of her capital stock in said bank, on her individual liability as a stockholder, under section 5151 of ...
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141 U.S. 244 11 S.Ct. 1004 35 L.Ed. 742 TUSKALOOSA N. RY. CO.v.GUDE. February 2, 1891. Action by Albert V. Gude and another under the firm name of Reiley & Gude against the Tuskaloosa Northern Railway Company. Judgment was rendered on a verdict for plaintiffs for $10,000, and execution was ordered to issue. By stipulation of the parties the time for filing a bill of ...
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The mandate- in this óause will issue forthwith, and if the plaintiffs in error seasonably take and prosecute an appeal from that rendered by the Circuit Court, leave will be granted them to file as part of the return on said appeal the transcript of the record in this cause. ...
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mfter stating the case as above, delivered the opinion of the court. The single question presented by this record is whether, in a civil action for an injury to the person, the'court, on application of the defendant, and in advance of the trial, may order the plaintiff, without his or her consent, to submit to a surgical examination as to the extent of the injury sued for. We concur with t...
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after making the above statement,, delivered the opinion of the court, *275These four oases are so closely connected in their facts, as w-ell as in the questions of law presented for determination, that it is convenient to dispose of them by one opinion. Our attention will be directed first to case No. 50, in which a decree is sought to cancel, or in the alternative, to reform the bond of August 2...
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after stating the case as above, delivered the opinion of the court. The matters in controversy concern those shares only of Ira Couch’s real estate, which he devised tó his brother James and • to his nephew Ira, the son of James. 1. In order to ascertain the nature and the time of vesting of their interests; it is important in the first place to determine the extent and duration of t...
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. delivered the opinion of the court. ' It appears from the petition of the applicant, which he asks leave to file, that he has been disbarred, from .the practice of law as an attorney and .counsellor, in the courts of Colorado by order of the Supreme Coiirt of that State, and he prays for *326 a writ of mandamus from this court commanding the judges of that court to restore h...
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after stating the case as above reported, delivered the opinion of the court. The substance of the first assignment’of error is that under the act of March 3, 1887, plaintiff was not entitled to maintain a suit against McNulta, as receiver, for a cause of action ■which accrued when the road was in possession of and operated by a former receiver. This is clearly not a Federal question, but a que...
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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 District of New Jersey, by the New York Belting and Backing Company, a Connecticut corporation, against Allen Magowan, Spencer M. Alpaugh and Frank A. Magowan, to recover for the infringement of letters patent No. 86,296, granted January 26, 1869, to the plaintiff, as ass...
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after stating the facts as above reported, delivered the opinion of the court. It is not necessary to consider whether the defendant’s plea was or was not sufficient; for the facts alleged in it, namely,. the execution by the county clerk to Gage of the tax deed of July 24, 1876,' and the recording of that deed, are restated and relied on in the answer; and no objection was made in ...
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delivered the opinion of the court. This is a suit in equity by the United States for the cancellation of certain patents for lands in Allen County, Kansas, of date respectively November 3,1873, March 19,1875, August *361 17, 1876, and April 23, 1877* and alleged to have been issued to the Missouri,'Kansas and Texas Railway Company without authority of law. The institutio...
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after stating the case, delivered the opinion of the court. 1. The appellant Fowler contends that as no order was made at the term when the first decree was entered, continuing until the succeeding term the motion and petition for rehearing, the ■decree of October 20, 1884, became final, and, consequently, the order at the June term, 1885, entered as of October 31, 1884, which granted a re...
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after stating the case, delivered the opinion of the court. These appeals are from the same decree. The cases arise under the usury law's of Illinois. They do not differ materially from Nos. 32 and 33, except as to the amount of the loan. The answer raises the same questions as were raised in. those cases. The decree gave no credit on the principal sum for payments on account of interest, but was ...
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after .stating the case, delivered the opinion of the court. For the reasons given in the opinion in Nos. 32 and 33, ante, 384, the question of usury raised must be determined by the law of Illinois. But what was there said in reference to usury, commissions paid to the company’s- agent by the borrower and the application to the principal sum of payments made has no application ...
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after stating the ease, delivered the opinion of the court. In the original action upon the bonds held by Hickman, a jury having been waived by written stipulation of the parties, the Circuit Court proceeded to final judgment upon a special finding of facts. The judgment was the one the court intended to enter, and the facts found were those only which the court intended to find. There, is here...
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after stating the ease, delivered the opinion of the court. (1) The defence to the first patent was rested principally upon the question of the infringement. Defendants in thei.r answer admitted that they had, as a corporation and individually, manufactured and sold sweat pads for horse-collars under letters patent issued to defendant Ortmayer; “ that is to say, sweat pads adapted to be fastene...
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delivered the opinion of the court. In December, 1855, Edwin W. McLean, owning a store and stock of goods in Amboy, Illinois, sold the same to Buggies W. Clapp, in payment for which he' received four notes, amounting in the aggregate to five thousand nine hundred and eighteen and six-ty-six one-hundredths dollars, drawing ten per cent interest, and secured by mortgage on four hundred and -...
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delivered the opinion of the court. This is an appeal from a decree in favor of Newton and Luce, as intervenors in the foreclosure case of The Central Trust Company of New York and others v. The Toledo, Delphos and Burlington Railroad Company and others, entered in the Circuit. Court of the United States for the District. of Indiana, Kneeland, the appellant, being the purchaser at the for...
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delivered the opinion of the court. On the 27th of May, 1879, the Consolidated Safety Valve Company, a Connecticut corporation, brought a suit in equity in the Circuit Court of the United States for the District of Massachusetts, against the Crosby Steam Gage and Valve Company, a Massachusetts corporation, for the infringement of letters patent No. 58,294, granted to George W. Richardson, ...
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after stating the case, delivered the opinion of the court. About three months prior to the patent in suit, and on April 16, 1872, another patent, numbered 125,684, was issued to Elijah and John McCreary, for “an improvement in steering devices for canal boats,” etc., which covered a similar coupling together of boats, barges and scows by means of a vertical groove forméd in the overhanging ste...
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after stating- the case, delivered the opinion of the court.. The decision'of this case .depends upon the construction of the tariff act of March 3, 1883, .22 Stat. 488, c.'121. Schedule J of this act, page 507, provides for a duty of 40. per cent ad valorem upon “ flax or linen thread, twine and pack thread, and all manufactures of flax, or of-which flax shall- be.th...
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delivered the opinion of the court. The facts - in this case are these: On February 21, 1883, a suit was commenced in the Circuit Court of the United States for the Northern District of Ohio, by the Lake Superior Iron *476 Company and others against Brown, Bonnell & Company, a corporation having large and extensive iron works. A receiver was then appointed, who took possession...
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after stating the case, delivered the opinion of the court. That Davis was interested in having the ore transported to the furnaces is clear. He was interested in two respects: First, as to the 4995 tons to be delivered to him at the ore-house, it being his property when thus delivered, any subsequent handling was wholly for his benefit; and in respect to the balance, as the transportation was ...
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after stating the case, delivered the opinion of the court. Excluding the cases which are not within the jurisdiction of this court because the amounts do not exceed $5000, we proceed to examine the merits as to the certificates. On the part .of the appellant, the case has been argued principally on the contentioh that the sub-contractors had no lien superior to the first mortgage bon...
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after stating, the case, delivered the opinion of the court. If the defence were solely that the defendant was - induced by false and fraudulent representations to enter into the contract in question, it is conceded that the Circuit Court did not. err in directing a verdict for the plaintiff, as there was no evidence of fraud in the case. • It is earnestly contended, however, that under th...
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141 U.S. 520 12 S.Ct. 60 35 L.Ed. 841 METROPOLITAN NAT. BANKv.CLAGGETT. November 9, 1891. This is a motion to dismiss a writ of error to the supreme court of the state of New York to review its judgment against the plaintiff in error, with which is united a motion to affirm that judgment if the motion to dismiss be denied. The case arose upon a complaint filed in the sup...
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delivered the opinion of the court. *529 This was a suit in equity to foreclose two mortgages of real estate in Oregon. The case is this: On the first of November, 1871, Thomas Cross of Salem, Oregon, gave his note to the firm of Allen & Lewis of Portland in that State, for $30,-000, payable in three years, with interest at 10 per cent per annum from date; and to secure...
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delivered the opinion of the court. This is an action to recover damages for the alleged infringement of a patent for 'an improvement in lanterns, granted to *540 John H. Irwin in October, 1865, and assigned to the plaintiff in October, 1874. It was brought in, the Circuit Court of the United States for the Southern District of Ohio. The plaintiff is a citizen of Illinois and the defendant is...
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delivered the opinion/of the court. A bill in equity was filed in the Circuit Court of the United States ior the Eastern District of Tennessee, by the Central Trust Company of New York against the East Tennessee, Vnv ginia and Georgia Railroad Company, the Tennessee State Line'Railroad Company and one Thomas, to foreclose a mortgagé given Juné 15,1881, by the first named railroad company to the...
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delivered the opinion of the court. *549 On the 12th of March, 1885, the United States brought an action at law in the District Court of the United States for the Southern District of New York, against Lebbeus H. Rogers, to recover $12,000, with interest and costs, the principal sum being the amount of the penalty of a bond executed by Henry W. Howgate as principal, and Rogers and...
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delivered the opinion of the court. The motion to dismiss the appeal must be sustained. Upon the entire testimony finally presented to the Circuit Court, and transmittéd in tfie record original and supplemental to this court, the proof is overwhelming that the value of the property did not exceed five thousand dollars; and this positive testimony is reinforced by all that appears in the case in...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court of the-United States for the Southern District of New York, dismiss *561 ing the appellant’s bill. The suit was for the infringement of a patent. Rodmond Gibbons was the patentee. His original patent was dated June 6, 1876, No. 178,287. This was surrendered, and a reissue obtained on March...
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delivered the opinion of the court. As we held in this case on the motion to dismiss, (Fire Insurance Association v. Wickham, 128 U. S. 426,) that the second question, was improperly certified and could not be answered, the only question now presented for decision is the first, namely: “ On the facts stated in the foregoing record, was the parol testimony offered in e...
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delivered the opinion of the court. This is an application, upon notice, for a writ of certiorari requiring the United States Circuit Court of Appeals for the Ninth Circuit to- certify to this court for its review and determination the case of Lau Ow Bew v. The United States-, in which a final judgment was rendered by that court against the applicant on the 7th of Oct...
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after stating the case, delivered-the opinion of the court. *595 After the filing of the petition for removal, accompanied by a sufficient bond, and alleging that the controversy was wholly between citizens of different States, the state court was without authority to proceed further if the suit, in its nature, is one of which the Circuit Court of the United States could rightfull...
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dissenting. 1 concur in the judgment dismissing the appeal-in No. 71 for want of jurisdiction, but I dissent from the judgment and opinion of the court, just, announced, affirming the decree of the court below in No. 60. As I see the case, it is a bill in which the complainant, (The St. Louis, Iron Mountain and Southern Railway Company,) asks the aid of a court of equity to relieve it from the exe...
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after stating the casé, delivered the opinion of the court. Although the record' recites that the case was heard upon the pleadings and evidence, it does not appear that any oral testimony was introduced.' No bill of exceptions was signed, and the finding by the court was general, stating only its conclusions of law. The defendant, therefore, contends that there is nothing before this cour...
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after stating the case,. delivered the opinion Of the court. If this action was based .upon the agreement of 1867, there would be some ground for holding that the company was obliged, by that agreement, to continue Ewing as agent so long as he performed its stipulations. We are only concerned, however, with the agreement of 1874, which materially differs *635 from that of 1867, and expressly ...
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after stating the case, delivered the opinion of the court. The principal contention on the part of the plaintiff is that § 4283 of the Eevised Statutes does not apply to the case. That section is as follows : “ Sec. 4283: The liability of the owner of any vessel, for any embezzlement, loss or destruction, by any person, of any property, goods or merchandise, shipped or put on board of suc...
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after stating the case, delivered the opinion of the court. The transaction by which Baker attempted to put the title to the land in his nephew was a mere sham. The deed was never delivered to the pretended grantee; and, having been made with the intent to defraud the creditors of the grantor, particularly Schuler, was voidj under the statute, as to such creditors. It did not, therefore, a...
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after- stating the case, delivered the opinion of the court. Notwithstanding the statement of the bill respecting the alleged illegal and fraudulent use of the ancient grants produced, and the alleged illegal proceedings of the department, the bill avers the possession by the complainant of a legal title to the premises. Whether that title can be enforced ■against other claimants will depend of...
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delivered the opinion of the court. This was a suit brought in the United States Court for the Indian Territory, Third Judicial Division, by A. B. Boff and W. B. "Watkins against Bichard McLish, for the recovery of about 640 acres of land situated in the Chickasaw Nation, and belonging to said tribe. In their amended complaint, they alleged that the defendant, Biehard McLish, is a member o...
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delivered the opinion of the court. "We have carefully examined the record in this case and have failed to find any intimation of the submission of a Federal question to the state court for decision, nor can we perceive that the judgment rendered necessarily involved the disposition of such a question. Plaintiffs in error seek to maintain the jurisdiction of this court upon the ground...
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delivered the opinion of the .court. This was a bill exhibited by Henry M. Myers against The Groom Shovel Company, in the Circuit Court of the United States for the Western District of Pennsylvania, for infringement of letters patent No.-208,258, dated September 24,1878, for “ improvement in handle sockets for shovel, spades and' sco’ops.” • . ' ’ ' The answer denied that Myers was the .first...
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delivered the opinion of the court. This is an action, brought in the Henderson Circuit Court of Kentucky, by the city of Henderson, Kentucky, against *680 the Henderson Bridge Company, a Kentucky corporation, to recover for taxes assessed by the city against the company, for the years 1885, 1886 and 1887, under the authority, of various acts of the legislature of Kentucky. In the petition ...
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after stating the case, delivered the opinion of the court. The ground upon which the motion to dismiss is based is, that the writ of error is not only not authorized, but is expressly denied by the second section of the act of Congress approved March 3, 18S7, 24 Stat. 552, c. 373, as corrected by the act of August 13,1888, 25 Stat. 433, c. 866, the last paragraph of which is a,s follows: ...
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• after stating the case, delivered the opinion of the court. We a,re relieved from a. consideration of jfche interesting questions presented as to the validity of the legislation of Georgia, levyingja license tax upon dealers in sewing machines, arising • *700 from the alleged discrimination made between retail dealers who are individuals and retail dealers who are companies, or wholesale de...
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after stating the case, delivered the opinion of the court. In Hyde v. Woods, 94 U. S. 523, it was ruled that the ownership of a seat in a stock and exchange board is property, not absolute and unqualified, but limited and restricted by the rules of the association; that such rules in imposing the .condition upon the disposition of memberships that the proceeds should be first applied to th...
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after stating the case, delivered the opinion of the court. A preliminary question is raised by counsel for the defendant in error. It is insisted that the bill of exceptions does not show that this exception was taken at the trial, and while the jury was at the bar, and therefore not in time. In support of this contention several authorities are cited. While it is doubtless true that if t...
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after stating the case, delivered the opinion of the court. Hoes the bank’s judgmefit against Foote preclude inquiry, in this suit, between the respective assignees of Foote and of Hooker & Co., as to whether the original claim of that firm against Foote, and Foote’s transfer of the Couch notes to it with guaranty of payment, were void under the laws of Illinois? The statute of Illino...
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after stating the case, delivered the opinion of the court. This is a suit for the rescission of a contract of purchase, and to recover the moneys paid thereon, on the ground that it was induced by the false and fraudulent representations of the vendors. In respect to such an action it has been laid down by many authorities that, where the means of knowledge respecting the matters falsely repre...
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after stating the case, delivered the opinion of the court. It is well settled that where the Supreme Court of a State decides a Federal question in rendering a judgment, and also decides against the plaintiff in error upon an independent grpund not involving a Federal question and broad enough to maintain the judgment, the writ of error will be dismissed without considering the Federal questio...
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after stating the case, delivered the opinion of the court. In order to sustain the jurisdiction of this court upon the ground that a Federal question is presented, it should appear either that such question was apparent in the record, and that a decision was made thereon, or that, from the facts stated, such question must have arisen, and been necessarily involved in the case. If it appear eit...
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after stating the case, delivered the opinion of the court. As both parties claim an estoppel by virtue of the decree in the equity suit between the parties to this suit, it only becomes necessary to consider the effect of this decree. It contains two separate and distinct findings : First, so far as the nine bonds held by the German Savings Bank, and issued under the act of November 6, 1849, w...
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after stating the casé, delivered the opinion of the court. We have seen that the bonds in suit were redeemable on the first day of January, 1866, and not before without the consent of the holder, and were payable in pounds sterling with interest at the rate of five per cent per annum from date, the interest to be paid semi-annually on named days, “ on presenting the proper coupons for the...
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after stating the case, delivered the opinion of the court. There was evidence on behalf of the defendants tending to show that no such agreement was made as that alleged. But the issues of fact were fairly submitted to the jury, and we must assume, on this writ of error, that the jury found from the evidence that the alleged agreement was made between the parties. Our examination mus...
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delivered the opinion of the court. Charles G. Ohever brought an action of ejectment against Horner and Rogers to recover the possession of lot ten, block 176, in the east division of the city of Denver, claiming, ownership in fee simple. The case is stated, in substance, by counsel for plaintiff in error thus : The lot in dispute constituted a part of the original site of. Denver, ¿ntered by J...
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after stating the case, delivered the opinion of the court. It is manifest from an inspection of this assignment that it is entirely too general to meet the requirements of the 21st rule of this court. It was evidently framed with reference to the code practice of the State in which the cause was tried; but nothing is better settled in this court than the proposition that “ in regard to . ...
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delivered the opinion of the'court. This cause was docketed and dismissed November 3, 1891, upon a certificate of the clerk of the Circuit Court of the United •States of the Ninth Judicial Circuit in and for the Northern District of California, to the effect that in a certain cause pending in that court, wherein Florence W. Wauton was complainant and Frank E. DeWolf, Isabella 0. DeWolf, and Hor...
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after stating the case as above, delivered the opinion of the court. - There can be no doubt of the sufficiency of the first count on which the defendant, was convicted. It avers that the defendant was president of a national banking association; that by'virtue of his office he received and took into his possession' certain ’ bonds, (fully described,) the property of the association ; and ...
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after stating the case as above, delivered the opinion of the court. The general rule of law upon the power of the court to discharge the jury in a criminal case before verdict was laid down by this court more than sixty years ago, in a case presenting the question whether a man charged with a capital crime was entitled to be discharged because the jury, being unable to agree, had been dis...
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delivered the opinion of the court. Charles. McElvaine was convicted in the Court of Sessions, Kings County, in the State of New York, on October 23, 1889, of the crime of murder in the first degree, committed August 22, 1889, arid on . October 25, 1889, was sentenced to death. From the judgment of conviction an.appeal was duly taken by McElvaine to the Court of Appeals of the State of New York...
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after stating the case, delivered the opinion of the court. The case as presented by this record involves some very interesting questions. Ever since the decision in Polk's Lessee v. Wendall, 9 Cranch, 87, it has been the settled law of this court that a patent is void at law if the grantor State had no title to the premises embraced in it, or if the officer who issued the patent had .no authority...
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after -stating the case, delivered the opinion of the court. The tax, for the collection of which this action is brought, is an excise tax upon the defendant corporation for the privilege of exercising its franchises within the State of Maine. It is so declared in the statute which imposes it; and that.a tax of this character is within the power of the State to levy there can be no questio...
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after stating the case, delivered .the opinion of the court. The contention of plaintiff is that the return on the subpoena' is wholly worthless, and shows no service; and that the decree and decretal sale, based on such .a return alone, are null and void. The following are the two rules in equity which regulate the n anner of service: “ Eule XIII. “ The sei vice of all subpoenas shall be b...
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after stating the case, delivered the opinion of the court. The only questions which appear in this case to have elicited much discussion in the court below, relate to the title of the Central Pacific Railroad Company to the lands granted by the acts of Congress of July 1, 1862, and July 2, 1864, upon the filing of a map of the definite location of its contemplated road with the Secretary ...
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after stating the case, delivered the opinion of the court. (1) The only question involved in this case proper for us to consider, is whether the act of the legislature of Wisconsin of August 8, 1848, reserving to the State the water power created by the erection of the dam over the Fox Biter, as construed by the Supreme Court of the State, and the proceedings thereunder, operated to depri...
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. after stating the case, delivered the opinion of the court. The contention on the part of the defendant is that the Circuit Court erred in not allowing the cause to go to the jury. It is undoubtedly true, as contended by the defendant, that, as the 50 shares of stock were transferred to him originally without his knowledge and oonsent, he had a right to repudiate the transaction; but he ...
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140 U.S. 704 11 S.Ct. 1031 35 L.Ed. 602 WHEELER et al.v.HART. April 29, 1891. 1 Edmund Wetmore and Edwin H Risley, for appellants. 2 No opinion. Dismissed, with costs, on authority of counsel for appellants. ...
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