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109.US.75 | The reissued letters patent No. 2,979, granted to the Rumford Chemical Works, June 9th, 1868, for an "improvement in pulverulent acid for use in. the preparation of soda powders, farinaceous food, and for other purposes," claimed, in claim 1, "as a new manufacture, the above-described pulverulent phosphoric acid," and,... | Various questions are presented by the record, and have been discussed in argument, but there is one which goes to the foundation of the suit, and upon which our views are such as to make it unnecessary to consider any other. The court charged the jury that the interest of Morgan in the patent did not terminate at his ... |
109.US.426 | A suit was begun, within the seven years prescribed by the Statute of Limitation of tlie Code of Tennessee, in the Circuit Court of the United States forithe Western District of Tennessee, for'the recovery of land, which was dismissed for want of jurisdiction, by reason of the omission in the pleadings of a jurisdictio... | The question presented by the record is the sufficiency of the plaintiffs' replication to the defendants' plea of the seven-years' statute of limitation. The limitation relied on by defendants is that prescribed by article 2765 of the Code of Tennessee, which is as follows: 'No person, or any one claiming under him, sh... |
109.US.238 | 1. The common-law right of action against a collector to recover back duties illegally collected is taken away by statute, and a remedy given based on statutory liability, which is exclusive. 2. The time fixed by statute for commencing this action is within ninety days after the adverse decision of the secretary of the... | This action was brought May 8, 1879, by the plaintiffs in error, in the supreme court of New York, to recover money alleged to have been illegally exacted by the collector for customs duties, and was removed by the defendant by writ of certiorari to the circuit court of the United States for that district. On the trial... |
107.US.597 | 1. Section 643 of the Revised Statutes, which provides for removing to the Circuit Court suits or criminal prosecutions commenced in a State court against "any officer appointed under or acting by authority of any revenue law, or any person acting under or by authority of. such officer," applies to marshals of the Unit... | Lemuel Davis was indicted for the murder of one Hall in the court of general sessions for the county of Spartanburg, in South Carolina, in July, 1876; and, being in custody, it was ordered by the court that he be enlarged on giving bail for his appearance at the next term of the court, it being required that the bond s... |
107.US.402 | A. was surveyor of customs from June 13,1872, to May, 1876, at Troy, N. Y., which was a port of delivery, but not of entry, in the collection district of the city of New York. At various times during the period from June 13, 1872, to June 22, 1874, there was a surveyor of customs at the port of New York, which was a po... | This case comes before this court on an appeal by the claimant, Emanuel Hahn, from the judgment of the court of claims finding in favor of the United States, and dismissing the petition of the claimant. The following were the material facts found by that court: '(1) On the thirteenth of June, 1872, the claimant was ... |
106.US.583 | Section 4189 of the Code of Alabama, prohibiting a white person and a negro from living with each other in adultery or fornication, is not in conflict with the Constitution of the United States, although it prescribes penalties more severe than those to which the parties would be subject, were they of the same race and... | The counsel of the plaintiff in error compares sections 4184 and 4189 of the Code of Alabama, and assuming that the latter relates to the same offense as the former, and prescribes a greater punishment for it, because one of the parties is a negro, or of negro descent, claims that a discrimination is made against the c... |
107.US.126 | for which the United States was in no wise responsible -to comply with the terms upon which the government had consented to be sued in the Court of Claims, is his misfortune, and cannot have the effect of enlarging the time fixed by the statute of limitation. His remedy, if the claim be a valid one, is to apply to the ... | The answer of the defendants does not allege that the moneys for which the court rendered judgment against them were received by Potter after September 23, 1873, and during the absence of Brashear, the register. Neither does the bill of exceptions profess to state all the evidence in regard to the absence of Brashear a... |
108.US.212 | Where, upon the removal of a cause from a State court, the copy of the record is not filed within the time fixed by statute, it is within the legal discretion of the federal court to remand the cause, and the order remanding it for that reason should not be disturbed unless it clearly appears that the discretion with w... | In Removal Cases, 100 U. S. 474, the court had occasion to construe the act of March 3, 1875, determining the jurisdiction of circuit courts of the United States and regulating the removal of causes from state courts. The court there said, speaking by the chief justice: 'While the act of congress requires security that... |
106.US.464 | Whatever was determined here on a writ of error cannot be re-examined upon a subsequent writ brought in the same suit. | When this case was here on a former writ of error it was decided that Keith, the collector, was bound in law to receive the genuine notes of the Bank of Tennessee, issued after May 6, 186§, in payment of taxes due the state of Tennessee, unless he showed in defense that the notes tendered were issued for the purpose of... |
109.US.573 | In a suit to set aside a deed of trust executed to secure the payment of a note signed by husband and wife, and the acknowledgment of which was certified as required by law, it was in proof that the wife signed the note and the deed, having an opportunity to read both before signing them ; she was before an officer com... | It is provided by the Revised Statutes of the United States, relating to the District of Columbia, that 'when any married woman shall be a party executing a deed for the conveyance of real estate or interest therein, and shall only be relinquishing her right of dower, or when she shall be a party with her husband to an... |
109.US.513 | 1. The power to take private property for public uses, in 'the exercise of the right of eminent domain, is an incident of sovereignty, belonging to every independent government, and requiring no constitutional recognition, and it exists in the government of the United States. Boom v..Patterson, 98 U. S. 406, cited and ... | By an act of congress, passed on the eighth of August, 1846, certain lands were ceded to Wisconsin to aid in improving the navigation of Fox and Wisconsin rivers, in that state, and in constructing a canal to unite the rivers, and thus form a connection between the waters of Green bay, in Lake Michigan, and the waters ... |
107.US.174 | 1. In a will containing many legacies, bequests, and devises, each present and immediate in form, to individuals and to charitable institutions, a clause expressing a wish and direction that none of the legacies, bequests, or devises "shall be executed or take effect until" a certain memorial hall (in fact nearly finis... | The plaintiffs, in the first place, contend that by the twenty-second clause of the will all the devises and bequests, as well those to private persons as those for charitable purposes, are brought within the rule against perpetuities, by which every devise or bequest is void which may by possibility not take effect wi... |
107.US.98 | A railroad corporation, whose railroad extends across the State bf Wisconsin from Lake ichigan to the Mississippi River, and which is authorized, by its charter, to make "such contracts with any other person or corporation whatsoever as the management of its railroad and the convenience and interest of the corporation ... | This is an action brought by the Union Steam-boat Company, a corporation established by the laws of the state of New York at Buffalo, in that state, against the Green Bay & Minnesota Railroad Company, a corporation established by the laws of the state of Wisconsin, and having its principal place of business in this sta... |
109.US.556 | 1. The 1st Judicial District Court of Dakota, sitting as a circuit court of the United States, has jurisdiction under the laws a he United States, over offences made punishable by those laws comrffitted within that part of the Sioux reservation which is within the limits of the Territory: 2. In the interpretation of st... | The petitioner is in the custody of the marshal of the United States for the territory of Dakota, imprisoned in the jail of Lawrence county, in the first judicial district of that territory, under sentence of death, adjudged against him by the district court for that district, to be carried into execution January 14, 1... |
109.US.1 | Application being made to open the judgment in this case in order to enable the court to consider the case of Traverv. H3ferri k County, decided by the Supreme Court of Nebraska, and the court now-having considered it : Beld, that that cae is an authority ins upport of the former ruling of this court in this ease. | This case was decided at the last term of this court, and is reported in 106 U. S. 181; [S. C. 1 SUP. CT. REP. 168.] We there held that a steam grist-mill was not a work of internal improvement, within the meaning of the statute of Nebraska, approved February 15, 1869, authorizing counties, cities, and precincts of org... |
109.US.550 | A demurrer admits all facts well pleaded. Under the Colorado Code of Civil Procedure, as at common law, facts may be pleaded a~cording to their legal effect, without setting out the particulars that lead to it; and necessary circunstances implied by law need not be expressed in the plea. Ih an action by the patentee of... | This action was brought by the Iron Silver Mining Company, owning a tract of land or mining claim known as the Wells & Moyer placer claim, described by metes and bounds in the complaint, against Sullivan and others, to recover possession of part of the tract, likewise described, from which it had been ousted by the def... |
107.US.319 | This court has no jurisdiction to re-examine the judgment of a State court recognizing as valid the decree of a foreign court annulling a marriage. | The only question is this case controverted below was whether Madelaine Roth, the plaintiff in error, was the widow of John George Roth, deceased, and that depended entirely on the validity of the decree of the royal matrimonial court of Elwangen, in the kingdom of Wurtemburg, annulling the marriage of the parties. The... |
107.US.519 | 1. In a suit against a municipal corporation to recover damages for injuries received from a fall caused by a defective sidewalk, which was in an unguarded condition, it is competent for the plaintiff to show that whilst it was in that condition other like accidents had occurred at the same place. 2. A person affected ... | This was an action to recover damages for injuries received by the plaintiff's intestate, Du Bose, from a fall caused by a defective sidewalk in the city of Washington. In 1873 the board of public works of the city caused the grade of the carriage-way of Thirteenth street, between F and G streets, to be lowered several... |
109.US.230 | rhen a claim presented for proof in bankruptcy as a debt against the bankrupt's estate is rejected by the district court, an appeal from the decision to'the circuit court is incomplete and invalid, if the appellant fails to give to the assignee the [notice thereof which the statute requires, within *ten days after the ... | James C. Mead, in his life-time, filed with a register in bankruptcy proof of his claim against the estate of Abraham Mead, a bankrupt. Mary E. Travis, a creditor of the bankrupt, applied for a re-examination, and, upon consideration, the claim was rejected by the district court. Pending the proceedings James C. Mead d... |
109.US.578 | S.Proceedings in the district court of the United States under the act of 1851, 9 Stat. .635, to limit the liability of ship owners for loss or damage to goods, supersede all other actions and suits for the same loss or damage in the State or federal courts, upon the matter being properly pleaded therein. 2. The effect... | The writ of error in this case brings up for consideration a judgment of the supreme judicial court of Massachusetts rendered in an action brought by The Hill Manufacturing Company against the Providence & New York Steamship Company as common carriers, to recover damages for the loss of certain goods delivered by the p... |
107.US.38 | 1.S ection 41 of chapter 346 of the laws of Maryland of 1864, as amended and reenacted by chapter 291 of the laws of 1870, provides as follows: "After the passage of this act, it shall not be lawful to carry out of this State, in hogsheads, any tobacco raised in this State, except in hogsheads which shall have been ins... | This is a writ of error to the court of appeals of the state of Maryland, and the question presented for our consideration is the constitutional validity of certain provisions in the tobacco inspection statutes of Maryland. The plaintiff in error, Turner, was indicted in the criminal court of Baltimore. The indictments... |
106.US.571 | 1. Where a judgment in a State court is rendered against one shortly thereafter declared to be a bankrupt, a writ of error to that judgment brought by his assignee is a suit, within the meaning of section 6057 of the Revised Statutes. 2. The limitation of time in that section applies to a suit by the assignee to recove... | This is a writ of error to the supreme court of Illinois. In the course of a complicated litigation between Samuel J. Walker and his creditors, it became a question whether the International Bank, which was a party to the litigation, had a just and paramount right to certain securities held by it as collateral to debts... |
108.US.368 | A railroad company agreed with A that he might erect a building on property of the company, paying a ground rent therefor for a period terminable by notice, and that at the expiration or termination of the term the company would take the building at a valuation to be fixed by arbitration. A entered into possession, and... | The contention of the appellant is that, having obtained a decree for the value of the hotel and improvements built by John W. Scruggs upon the lands of the railroad company, with damages for the appeal, and interest, to be paid upon the surrender by her of the hotel and improvements to the railroad company, she was en... |
108.US.568 | Where a party seeks a writ of mandamus from a State court to compel a city government of which he is a creditor to apply to the payment of his debt the proceeds of a proposed sale of city property, and to exhaust its powers of taxation, and continue to do so until the relator's debt is paid, and the State court denies ... | We have no jurisdiction in this case. No title, right, privilege, or immunity set up or claimed by the relator under the constitution of the United States has been denied him by the judgment of the court below. The prayer of the petition for mandamus was, among other things, that, in order to secure a sufficient fund t... |
107.US.631 | A State court, in which an action against a bankrupt upon a debt provable in bankruptcy is pending, must, on his application under sect. 5106 of the Revised Statutes, stay all proceedings to await the determination of the court in bankruptcy on the question of his discharge, unless unreasonable delay on his part in end... | The material facts, as appearing by the record of this case in the supreme court of Illinois, are as follows: On the sixteenth of March, 1877, the original plaintiffs, in accordance with the statutes of Illinois, and upon the affidavit of one of them that the defendant was indebted to them in the sum of ... |
108.US.237 | A decree is final for the purposes of appeal when it terminates the litigation between the parties, and leaves nothing to be done but to enforce the execution which has been determined. Several cases on this point decided at this term referred to and approved. An assignee in bankruptcy filed a bill to set aside, as fra... | casion at the present term, in Bostwick v. Brinkerhoff, 1 SUP. CT. REP. 15; Grant v. Phoenix Mut. Life Ins. Co. Id. 414; and St. Louis, I. M. & S. R. Co. v. Southern Exp. Co., ante, 6, to state the rule applicable to the determination of the question here involved, and we there say: 'A decree is final for the purpose o... |
106.US.532 | 1. The only questions open for examination on a bill of review for errors of law appearing on the face of the record are such as arise on the pleadings, proceedings, and decree, without reference to the evidence in the cause. 2. The truth of matters of fact alleged in such a bill is not admitted by a demurrer thereto, ... | The only questions open for examination on a bill of review for error of law appearing on the face of the record are such as arise on the pleadings, proceedings, and decree, without reference to the evidence in the cause. This has been many times decided in this court. Whiting v. Bank of U. S. 13 Pet. 6; Putnam v. Day,... |
107.US.85 | Under schedules B and D of sect. 2504 of the Revised Statutes, ale and beer imported in bottles is subject to a duty of thirty-five cents per gallon, and a further duty of thirty per cent ad valorem isim posed on the bottles. | This suit was brought to recover back customs duties paid under protest on glass bottles containing beer and ale, imported from abroad. The collector exacted a duty of 30 per cent. ad valorem on the bottles. The plaintiffs contended that as a duty of 35 cents per gallon had been paid on the contents of the bottles, suc... |
108.US.422 | The order sustaining Post's demurrer to the original complaint gave the plaintiff leave to amend, and did not preclude the plaintiff from renewing, nor the court from entertaining, the same question of law upon a fuller development of the facts at the trial on the amended complaint. Calder v. HUaynes, 7 Allen, 387. Jud... | A former appeal in this cause was disposed of by this court by a decision reported in Blake v. Hawkins, 98 U. S. 315, to which reference is made for a full statement of the case as then presented. The final decree of the circuit court, there reviewed, was reversed, and the cause was remanded with directions to take fur... |
109.US.3 | 1. The 1st and 2d sections of the Civil Rights Act passed March 1st, 1875, are unconstitutional enactments as applied to the several States, not being authorized either by the XIllth or XTVth Amendments of the Constitution. 2. The XIVth Amendment is prohibitory upon the States only, and the legislation authorized to be... | It is obvious that the primary and important question in all the cases is the constitutionality of the law; for if the law is unconstitutional none of the prosecutions can stand. The sections of the law referred to provide as follows: 'Section 1. That all persons within the jurisdiction of the United States shall ... |
108.US.218 | A court of equity will extend no aid to sustain a claim to a trade-mark of an article which is put forth with a misrepresentation to the public as to the manufacturer of the article, and as to the place where it is manufactured, both being originally circumstances to guide the purchaser of the medicine. When it is the ... | In the view we take of the case it will not be necessary to consider the first defense mentioned, nor the second, so far as to determine whether the right to use the words mentioned as a trade-mark was forfeited absolutely by the assignor's misrepresentations as to the manufacture of the article. It is sufficient for t... |
108.US.418 | An agreement in writing, between " W., superintendent of the Keets Mining Company, parties of the first part, and P., party of the second part," by which "the said parties of the first part" agree to deliver at P.'s mill ore from the Keets mine (owned by the company) to be crushed and milled by P.; and signed by "W., S... | It is unnecessary to consider whether, if this were to be treated as a contract under seal, it could be held to be upon its face the contract of the Keets Mining Company, and not of Whitney only, or whether the oral testimony would have been admissible to charge Post; because, by the Civil Code of Dakota, 'all distinct... |
108.US.541 | .Y. John A. Campbell and Xr2. John ff7. Jewett for plaintiff in error. .Xh. James .JcCartney, Attorney-General of Illinois, -r. James - -dsall, and -Y. John B. HMawley for defendant in error. | This case, like that of Ruggles v. Illinois, just [ante, 832,] presents the question whether the state of Illinois has entered into a contract with a railroad corporation not to exercise the legislative power to regulate charges for the carriage of persons and property upon the railroad of the corporation. It is not ne... |
109.US.440 | 1. Section 2324 Rev. St. enacts that where certain mining claims referred to in the section are held in comrmon, the expenditure upon them required by the act may be made upon any one claim : Held, that the act contemplates that this expenditure is to be made for the common benefit, and that one enjoying a mining right... | Previous to the legislation of congress in 1866, mining claims upon the public lands of the United States were held under rules framed by miners themselves in different localities. These rules prescribed the extent of ground which miners could severally appropriate for mining, and the conditions upon which such ground ... |
107.US.348 | A. conveyed, March 5, 1859, to a county in Nebraska certain lands for a "poorfarm," and they were thereafter used as such. The county, pursuant to its agreement, made one cash payment, and for the remainder of the stipulated consideration gave its notes secured by mortgage, and payable respectively in one, two, three, ... | The statute of Nebraska, in force at the date of the transaction in question, conferring power on the county commissioners over the subject, (Rev. St. Neb. c. 40,) provided, section 17, 'that the county commissioners in each county are authorized, whenever they see fit to do so, to establish a poor-house;' and in the n... |
109.US.357 | A husband and wife join in a mortgage of the wife's real estate to secure a debt of the husband contracted simultaneously with the execution of the mortgage. The wife dies before maturity of the debt, leaving a will devising all her estate to her husband iV trust to enjoy the income during his life, with remainder to h... | This appeal brings into review a decree for the foreclosure of a mortgage of real estate and a sale of the mortgaged premises, and dismissing a cross-bill filed by the appellants praying that the mortgage might be declared not to be a lien on the premises and delivered up to be canceled. The mortgage in question was da... |
109.US.106 | The authority confeyred by R. S., § 1000, to certify to the responsibility of an obligor on an appeal bond cannot be delegated. After close of term, citation must issue and be served before the security can be approved and the appeal completed so as to givo jurisdiction above. | We have no jurisdiction in this case. The appellee has not appeared and has never been served with a citation. The decree was entered on the fourteenth of June, 1879, and at the foot of the entry is the following: 'Petitioner prays an appeal, which is granted upon bond and security being given, according to law, within... |
109.US.336 | The president has the power to supersede or remove an officer of the army by appointing another in his place, by and with the advice and consent of the Senate. Such power was not withdrawn by the provision in § 5 of the act of July 13th, 1866, c. 176 (14 Stat. 92), now embodied in § 1229 of the Revised Statutes, that "... | So far as regards the time after June 15, 1877, the fact that Goldman was appointed by the president, by and with the advice and consent of the senate, a second lieutenant in the fifth cavalry, in the place of the appellant, from June 15, 1877, and was commissioned as such, and accepted and held the appointment, is a b... |
109.US.268 | 1. When the court below finds generally for a defendant, and elso makes special findings on the issues, no error can be assigned on the special findings. 2. The subject of the actin in this suit being an instrument under seal, and the cause having accrued in the State of Mississippi on the 1st day of April, 1871, the a... | It is insisted by the plaintiff in error that the special findings of the court are fatally defective, because they do not find the contract by which the suit was brought, or fix the date when the cause of action accrued, and that for this reason the judgment of the circuit court should be reversed. We might dismiss th... |
107.US.59 | 1. The statute of New York of May 31, 1881, imposing a tax on every alien passenger who shall come by vessel from a foreign country to the port of New York, and holding the vessel liable for the tax, is a regulation of foreign commerce, and void. Henderson v. Mayor of New York, 92 U. S. 259, and Chy Lung v. Freeman, id... | This was an action commenced in the court of common pleas for the city and county of New york to recover of the defendant the sum of one dollar for each alien passenger brought into New York by its vessels, for whom a tax has not before been paid, with penalties and interest. The case was removed into the circuit court... |
108.US.105 | The record shows that the cause presented two questions in the court below; one not federal, the other federal. The opinion of the court below shows that the cause was decided there on the first point only : Eeld, That in cases coming from the Supreme Court of Louisiana the opinion of the court, as presented by the rec... | The record shows that the defendants in error sought to enjoin the collection of a judgment against their property to enforce an assessment under the drainage laws of Louisiana, (1) because under the operation of the laws authorizing the judgment nothing more remained to be paid thereon; and (2) because the judgment ha... |
107.US.463 | 1. This court has jurisdiction to re-examine the judgment of the Supreme Court of a State, rendered adversely to the right and title which a party to the suit specially sets up to land under a patent issued by the United States to another under whom he claims. 2. Where the Land Department rejected the claim of a party ... | This is a writ of error to the supreme court of the state of Nebraska, and the jurisdiction of this court is questioned. The substance of the original bill in the state court is that, in a contest for the right to enter a tract of land between Starks and Van Pelt, before the land department, the secretary of the interi... |
106.US.596 | 1. A statute is not repealed by a later affirmative statute, which contains no repealing clause, unless the conflict between them cannot be reconciled, or the later covers the same ground as the former, and is clearly intended as a substitute therefor. 2. The statute of Minnesota of March 6, 1868, pursuant to which cer... | The statute of March 5, 1870, is an affirmative act, and contains no express repeal of the act of March 6, 1868. The question is, therefore, whether the former act repeals the latter by implication. The leaning of the courts is against repeals by implication, (U. S. v. Tynen, 11 Wall. 88,) and if it be possible to reco... |
106.US.629 | 1. The omission to state, in the certificate of division of opinion between the judges of the Circuit Court in a criminal proceeding, that the point of difference is certified "upon the request of either party pr their counsel," is not fatal to the jurisdiction of this court where such request can be fairly inferred. 2... | The certificate of division of opinion in this case does not expressly state that the point of difference between the judges was certified 'upon the request of either party or their counsel.' Neither party challenges the jurisdiction of this court, but it has occurred to us as a question, and we have considered it, whe... |
108.US.379 | Assignment for the Benefit of Creditors-Bankruptcy-Conflicto f Law. 1. A general assignment for the benefit of creditors, made without intent to. hinder, delay, or defraud creditors, is valid for the purpose of securing an equal distribution of the estate of the assignor among his creditors, in proportion to their seve... | We are to consider in this case whether the final judgment of the court of appeals of New York has deprived plaintiff in error of any right, title, or privilege under the constitution or laws of the United States. This question arises out of the following facts, which are embodied in a special finding made by the court... |
107.US.414 | The rank and pay of retired officers of the army are subject to the control of Congress. | This is an appeal from the court of claims. The claimant, Thomas J. Wood, was appointed to the office of colonel of the second regiment of cavalry, in the army of the United States, in November, 1861, having been commissioned as a brigadier-general of volunteers in October, 1861. In December, 1862, while in command of ... |
106.US.700 | 1. Although the refusal, at the close of the testimony for the plaintiff, to direct a verdict for the defendants would justify a reversal of a judgment against them, yet if they proceed with their defence and introduce testimony which is not in the record, the judgment on the verdict which the jury, under proper instru... | This was a suit brought by Cummings, the plaintiff in error, an engineman in the employ of the Grand Trunk Railway Company of Canada, to recover damages for an injury sustained in the course of his employment by a collision of a train, on which he was, with another train of the same company. The claim of Cummings is th... |
109.US.110 | The owners of three steam-tugs which had pumping machinery were employed by the master and agent of a ship sunk at a wharf in New Orleans, with a cargo on board, to pump out the ship for a compensation of $50 per hour for each boat, "to be continued until the boats were discharged." When the boats were about to begin p... | The sole question to be considered on the appeal of the appellants is whether the amounts which the circuit court awarded to them severally, as owners of the three steam-tugs, should be increased. The errors assigned by the appellants are (1) that the circuit court held that the contract for pumping out the ship was in... |
109.US.478 | When the evidence given at the trial, with all the inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court may direct a verdict for the defendant. A ground switch, of a form in common use, was plac... | 1. It is the settled law of this court that when the evidence given at the trial, with all inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but m... |
108.US.556 | The proceedings under a petition for habeas corpus are in their nature civil proceedings, even when instituted to arrest a criminal prosecution and secure personal freedom : and the appellate revisory jurisdiction of this court is governed by the statutes regulating civil proceedings. As the statute authorizes a certif... | orpus sued out of the circuit court of the United States for the district of California by the petitioner, Tom Tong, a subject of the emperor of China, for the purpose of an inquiry into the legality of his detention by the chief of police of the city and county of San Francisco for an alleged violation of an order or ... |
108.US.260 | 1. When one of two sureties gives a mortgage of his real estate to his co-surety to protect him against loss by reason of having become security for the principal, a creditor of the principal is not entitled to be subrogated in equity in place of the co-surety, and enjoy the benefit of the mortgage. 2. The distinction ... | The facts upon which the controversy in this suit depends are as follows: The ground on which the court below proceeded seems to have been that the mortgages given by the co-sureties, each to the other, were in equity securities for the payment of the principal debt, which inured to the benefit of the creditors upon th... |
109.US.150 | A, being entitled to a fund in the hands of the agent of Great Britain before the Mixed Claims Commission of 1873, B, his assignee in bankruptcy, fileda bill against him and C (C claiming the fund as purchaser), to restrain them from collecting the money. A restraining order first, and then a preliminary injunction wer... | An award against the United States of nearly $200,000 having been made to one A. R. McDonald, a British subject, by the mixed commission appointed under the treaty of 1871, his bankrupt assignee, Thomas J. Phelps, filed a bill in the supreme court of the District of Columbia to restrain him from collecting the money, a... |
108.US.243 | In May, 1870, Congress authorized the Washington Market Company to construct a market building on a tract in Washington between Pennsylvania and Louisiana avenues and B street, and between Seventh and Ninth streets, then belonging to the United States, and to occupy the same for a term of 99 years, paying a rental ther... | We see no ground of support for the suggestion of counsel that congress, by the act incorporating the Washington Market Company and fixing the terms for their use of the public property granted to them, established an irrevocable charitable trust for the poor of Washington City, and thereby disabled itself from authori... |
106.US.487 | 1. The act of the legislature of West Virginia, of Dec. 15, 1868, c. 118, authorizing the city of Parkersburg to issue its bonds for the purpose of lending the same to persons engaged in manufacturing, is invalid, and the bonds issued under it are, as against the city, void. 2. As the consideration for bonds to the amo... | On the fifteenth of December, 1868, the legislature of West Virginia passed an act which provided as follows, (chapter 118:) 'Section 1. That the mayor and council of the city of Parkersburg are hereby authorized and empowered to issue the bonds of said city, to an amount not exceeding $200,000, for the ... |
109.US.211 | A executed a promissory note to B, another to C, and two others to D, and secured all by a mortgage of real estate in Louisiana. The notes to D were paid at maturity. Default being made by the others, B obtained a decree for foreclosure of the mortgage, and the property was sold to H. E, being unable to pay the purchas... | It is conceded by counsel for complainant that the original mortgage made by Tucker Brothers, dated February 24, 1860, and the decree rendered thereon in favor of the Bank of New Orleans by the district court of the parish of La Fourche, in June, 1867, were both extinguished by the sale of the mortgaged premises to Cum... |
109.US.162 | Defendants in error issued to A, their bonds with interest coupons attached. A- endorsed to B, and B endorsed to the plaintiff after the bonds were overdue. While the bonds were in B's possession, overdue, B was party defendant in a suit in chancery in a State court in which D, an owner of real estate alleged to be enc... | This is an action on bonds and interest coupons thereto attached, signed by the trustees of Brown township, payable to the Springfield, Mt. Vernon & Pittsburgh Railroad Company, or its assigns, on the first day of October, 1871, and dated April 20, 1853. The plaintiff says she is the owner and holder of the bonds and c... |
109.US.177 | A mortgaged real estate to B, 0, and D, including the south half of a fractional section. Two years later B assigned his interest in the mortgage to C and D, and took from A, who was embarrassed, a conveyance of all his property, includingthe other half of the fractional section. This was done to aid'A in disposing of ... | This is a motion for a writ of supersedeas to stay the execution of a writ of assistance issued by the circuit court, after an appeal to this court, to put the appellee in possession of a part of the property involved in the litigation below. The material facts affecting the motion, as found and determined by the circu... |
106.US.623 | I. Section 21 of the act of July 14,1870, c. 255, which provided that, in lieu of the duties then imposed by law, certain duties specified should thereafter be imposed on certain enumerated articles, did not repeal, as to such articles, sect. 6 of the act of larch 3, 1865, c. 80, which declared that there should be the... | This is an action brought for the recovery of duties alleged to have been illegally imposed. The following is the agreed statement of facts, so far as necessary to understand the case: The plaintiffs, in February and April, 1871, imported into the port of Boston from Liverpool 988 packages of tea, and entered... |
106.US.563 | 1. Where a foreclosure suit was brought, and the municipal corporation within which the mortgaged property was situate was allowed to intervene and set up a claim for taxes thereon- Held, that the order of the Circuit Court rejecting the claim is binding upon the corporation, and the latter is entitled to an appeal whe... | I do not agree to the construction which the court places upon the act of the state of Georgia subjecting the railroad company to taxation. When that statute says that the property of the railroad company is 'to be taxed as other property of the people of the state,' I understand it to mean that it is to be subjected t... |
108.US.389 | Certificates of preferred stock of the Ohio and Mississippi Railway Company were issued, containing the following language : "The preferred stock is to be and remain a first claim upon the property of the company after its indebtedness, and the holder thereof shall be entitled to receive from the net earnings of the co... | In November, 1876, William King and others, holders of second-mortgage bonds and of Springfield Division bonds of the Ohio & Mississippi Railway Company, filed a bill in the circuit court of the United States for the district of Indiana, to foreclose two mortgages on the property of the company, subject to a first mort... |
109.US.84 | In 'ennsylvania, as in other States, dower is not barred by an assignment ,the husband's estate under the Banklpt Act-o f the United States, and a sale by the assignee in bankruptcy under order of the court. | This is an action by the assignee in bankruptcy of S. B. W. Gill to recover the purchase money of land of the bankrupt sold by the plaintiff to the defendant. In the case stated by the parties the following facts were agreed: On the twenty-eighth of November, 1877, Gill, upon petition of his creditors. was adjudged a b... |
109.US.221 | In the absence of fraud, a compromise made betiveen the city authorities of New Orleans and a railroad company, respecting a disputed grant of a user of part of the city property, known as the Batture, for railroad purposes, was sustained, as authorized by the laws of Louisiana. Under the statutes of that State, the ci... | Prior to the year 1820 disputes had arisen between the city of New Orleans and certain proprietors of riparian estates as to the ownership of the batture or alluvion in front of the city on the Mississippi river. In compromise of these disputes the proprietors surrendered to the city all their claims to property within... |
109.US.621 | A recovered judgment June 11th, 1881, against a township in Cherokee County, Kansas, on bonds issued in payment of a subscription by the township to stock in a railway company. The township had no trustee then -or since. An alternative writ of mandamus having been sued out to compel the board of county commissioners fo... | On the eleventh of June, 1881, William C. Wilson, the defendant in error, recovered a judgment in the circuit court of the United States for the district of Kansas, against the township of Salamanca, Cherokee county, for $48,920.31. At that time the office of trustee of the township was vacant, and it has not been fill... |
109.US.65 | 1. The court adheres to the rulings in Ex paite Siebold, 100 U. S. 371, and Ex parte Clarke, 100 U. S. 399, that §§ 5512 and 5515 Rev. St. relating to violations of duty by officers of elections are not repugnant to the Constitution of the United States, and holds them to be valid. 2. Where a defendant pleads not guilt... | The indictment against the defendants in this case was for misconduct as election officers at an election held in Florida for a representative to congress, in stuffing the ballot-box with fraudulent tickets, and abstracting tickets which had been voted. In impaneling the grand jury which found the indictment, four pers... |
108.US.74 | A creditor, dealing with a debtor whom he may suspect to be in failing circumstances, but of which he has no sufficient evidence, may receive payment or take security without necessarily violating the bankrupt law. When such creditor is unwilling to trust a debtor further, or feels anxious about his claim, the obtainin... | This suit originated in a bill in equity brought in the district court by Stucky, as assignee of Melter, a bankrupt, against the bank and against Jacob Krieger, Sr., for the purpose of having two mortgages made by the bankrupt declared void, and the real estate covered by them sold free of the lien of those mortgages. ... |
107.US.437 | 1. In construing contracts, a court may look not only to their terms, but to their subject-matter and the surrounding circumstances, and avail itself of the same light which at the time of making them the parties possessed. 2. Under the contract sued on in this case, infra, p. 439, the United States was not bound to re... | The contention of the appellant is that under that clause of the contract sued on which provided as follows: 'said Merriam shall supply 600,000 pounds, more or less, of oats, * * * or such other quantity, more or less, as may be required from time to time for the wants of such station between the first day of July, 187... |
108.US.314 | When an act of the legislature authorized a county to subscribe for stock in a railroad or its branches, and the inhabitants of the county at legally convened meetings voted to exercise the power thus conferred, and the subscription was made, and county bonds issued therefor and exchanged for stock in a branch of the r... | The Tebo & Neosho Railroad Company was authorized by its charter to construct and operate a railroad from some point on the Pacific Railroad, between the west bank of the Laramie river and Muddy creek, in Pettis county, in a southerly or southwesterly direction through Henry county, to some point on the state line betw... |
107.US.192 | 1. Letters-patent granted to Edwin L. Brady, Dec. 17, 1867, for an improved dredge-boat for excavating rivers, are invalid for want of novelty and invention. 2. The design of the patent laws is to reward those who make some substantial discovery or invention, which adds to our knowledge and makes a step in advance in t... | This case arises upon a bill in equity filed by Edwin L. Brady against the Atlantic Works, a corporation of Massachusetts, having workshops and a place of business in Boston, praying for an account of profits for building a dredge-boat in violation of certain letters patent granted to the complainant, bearing date Dece... |
107.US.336 | 1. Under the act of Aug. 14, 1848, c. 177, entitled "An Act to establish the territorial government of Oregon," a religious society acquired no title to publie lands by reason of its occupation of them as a missionary station among the Indian tribes, unless such occupation actually existed at that date. 2. Where, there... | lear, and does not seem to be disputed, that the title of the appellee to the fractional quarter of land described in the bill is a good and valid title against all the world, unless it be the appellant, the Missionary Society of the Methodist Episcopal Church. The title of appellee was acquired by virtue of an entry m... |
109.US.121 | 1. A judgment of nonsuit is no bar to a ne* action, and of no weight as evidence at the trial of that action. 2. Pending an action in a court of the State of New York against a corporation established in that State, by a widow, a citizen of New Jersey, upon a policy of insurance on the life of her husband, the plaintif... | This is an action brought on the ninth of June, 1879, in the circuit court of the United States for the southern district of New York, by John G. Broughton, a citizen of Bloomfield, in the state of New Jersey, against a corporation established in the city and state of New York, upon a policy of insurance in the sum of ... |
108.US.143 | 1. If an action on the debt secured bya mortgage of real estate in the State of Texas is not barred by the statute of limitations, a suit on the mortgage itself is not barred, and this, whether the owner of the equity or a third person be the mortgage debtor. 2. A contract of a kind which a statute in Texas makes "void... | Several defenses were made in the court below, the overruling of which are assigned for error, and which we proceed now to state and consider in their order. 1. The first defense is the statute of limitations, as contained in article 4604, Paschal, Dig., as follows: 'All actions of debt grounded upon any contract in wr... |
109.US.200 | 1. Where the language of a contract is susceptible of two meanings, the court will infer the intention of the parties and their relative rights and obligations from the circumstances attending the transaction. 2. The parties contracted for the rebuilding of a shop at the NorfolkNavyYard, which had been destroyed by fir... | In our opinion the court of claims committed no error in allowing the claim of the contractor. The language of the specifications is, perhaps, susceptible of two meanings. According to one, it is as if read that 'the foundations and the brick walls now standing,' so far as they 'were uninjured by the fire, will remain;... |
109.US.432 | Payment to an attorney in fact, constituted such by power of attorney executed by the claimants before the allowance of their claim by Congress or by the proper department, is good as between the government and such claimants, where the power of attorney has not been revoked at the time payment is made, notwithstanding... | 'It is understood that the circuit court sustained the demurrer under the pressure of the strong language of the opinion in Spofford v. Kirk. We do not think, however, that the circumstances of the present case bring it within the one then under consideration, or the principles there laid down. ... |
108.US.564 | Where, in an action of trespass in which a count of trespass quare clausum, is joined to a count of trespass de bonis asportatis,t he defendant sets up no plea of title, and it does not in any way appear by the record that title is involved, and the plaintiff recovers judgment for a sum less than $5,000, the defendant ... | This was an action of trespass brought by Trotter to recover damages of the New Jersey Zinc Company for entering on his lands and digging up and carrying away a quantity of franklinite ore. There were three counts in the declaration—two quare clausum fregit, and one de bonis asportatis. The plea was not guilty. No othe... |
108.US.317 | 1. In an action at law damages may be recovered against a person who maintains a nuisance which renders the ordinary use and occupation of property physically uncomfortable to its owner; and if the cause of the annoyance and discomfort be continuous, equity will restrain it. 2. The measure of damages in an action at la... | If the facts are established which the evidence tended to prove, and from the verdict of the jury we must so infer, there can be no doubt of the right of the plaintiff to recover. The engine-house and repair-shop of the railroad company, as they were used, rendered it impossible for the plaintiff to occupy its building... |
109.US.229 | Bonds of the kind involved in these suits are debts of the county. Holders are entitled to payment out of the general funds of the county raised by taxation for ordinary use, after exhausting the special fund. The majority of the court adhere to the rulings in United States v. Clark County, 9 U. S. 211 ; United States ... | In U. S. v. County of Clark, 96 U. S. 211, it was decided at the October term, 1877, that bonds of the character of those involved in the present suits were debts of the county, and that for any balance remaining due on account of principal or interest after the application of the proceeds of the special tax of one-twe... |
107.US.90 | 1. Whether claim 3 of letters-patent No. 67,046, granted to Joseph L. Hall, July 23, 1867, for an "improvement in connecting doom and casings of safes," namely, "3. The conical or tapering arbors, 1, in combination with two or more plates of metal, in the doors and casings of safes and other secure receptacles, the arb... | This suit is brought on letters patent No. 67,046, granted to Joseph L. Hall, the appellant, July 23, 1867, for an 'improvement in connecting doors and casings of safes.' The only claim alleged to have been infringed is claim 3, which is in these words: '(3) The concial or tapering arbors, 1, in combination with t... |
106.US.466 | 1. Animals, specially imported from beyond the seas for breeding purposes, are not subject to duty. 2. The Secretary of the Treasury has no authority to prescribe a regulation requiring that, before admitting them free, the collector shall "be satisfied that they are of superior stock, adapted to improving the breed in... | The secretary of the treasury cannot be his regulations alter or amend a revenue law. All he can do is to regulate the mode of proceeding to carry into effect what congress has enacted. In the present case we are entirely satisfied the regulation acted upon by the collector was in excess of the power of the secretary. ... |
108.US.110 | 1. Municipal corporations, being created only to aid the State government in the legislation and administration of local affairs, possess only such powers as are expressly granted, or as may be implied because essential to carry into effect those wlich are expressly granted. 2. Bonds issued by a municipal corporation, ... | This is a suit to recover upon bonds issued by the city of Ottawa, Illinois, as a donation to aid in the improvement of the water-power upon the Fox and Illinois rivers within the city, or in its immediate vicinity. Other bonds of the same issue were involved in Hackett v. Ottawa, 99 U. S. 86, and Ottawa v. First Nat. ... |
106.US.542 | Where a party sues out a writ of error to a State court, this court has no jurisdiction to re-examine the judgment or the decree, although it be adverse to the Federal right, if he set up and claimed the right, not for himself, but for a party in whose title he had no interest. | From this record it appears that one S. W. Miller, being insolvent, made an assignment of his property to M. J. Durham, trustee, for the benefit of his creditors. The trustee afterwards instituted a suit in the Boyle circuit court of Kentucky to enforce his trust. To this suit S. D. Miller and E. B. Miller, two of the ... |
108.US.277 | The provisions in the act of June 80th, 1864,13 Stat. 284, ch. 173, g 122 ; and in the act of June 13th, 1866, 14 Stat. 139, ch. 184, § 9, that the profits of a railroad company carried to the account of any fund, or used for construction shall be subject to and pay a tax, do not apply to earnings by a railroad company... | This was a suit begun by the United States on the twenty-ninth of March, 1875, to recover of the Little Miami & Columbus & Xenia Railroad Company a tax of 5 per centum on alleged profits of the company 'carried to the account of any fund or used in construction,' provided for by the act of June 30, 1864, c. 173, § 122,... |
106.US.622 | Where, in a case tried by the court below, the record does not affirmatively show a written stipulation waiving a jury, the questions decided at the trial cannot be re-examined here on a writ of error. | This is a case tried and determined by the court without the intervention of a jury. The record does not show any stipulation in writing waiving a jury. The errors assigned all relate to rulings of the court on the trial, excepted to at the time and presented by bill of exceptions. The rule is well settled that if a wr... |
107.US.655 | 1. The counts of an indictment against the president of a national banking association for making such a false entry on its books as is punishable under sect. 6209 of the Revised Statutes are sufficient if they are in the form hereinafter set forth, post, p. 656, as the offence is thereby alleged in apt terms, and with... | In passing upon the questions certified to us by the circuit court, it will be convenient to follow the order in which they have been argued by counsel, rather than that in which the questions are presented by the certificate of division. The section of the Revised Statutes upon which the indictment is based, creates a... |
107.US.678 | 1. The Chicago River and its branches, although lying within the limits of the State of fllinois, are navigable waters of the United States over which Congress, in the exercise of its power under the commerce clause of the Constitution, may exercise control to the extent necessary to protect, preserve, and improve thei... | The Escanaba & Lake Michigan Transportation Company, a corporation created under the laws of Michigan, is the owner of three steam-vessels engaged in the carrying trade between ports and places in different states on Lake Michigan and the navigable waters connecting with it. The vessels are enrolled and licensed for th... |
108.US.491 | The payment of a special internal revenue tax for selling liquors in a collection district does not authorize the licensee to introduce or to attempt to introduce spirituous liquors or wines into Indian country in violation of the act of June 30th, 1834, 4 Stat. 729, as amended by the act of March 15th, 1864, 18 Stat. ... | When the case went back to the district court for trial, and the demurrer was overruled, the claimant Lariviere filed an answer to the libel containing inconsistent defenses. He first denied that he ever introduced into the ceded territory the liquors as charged, and he claimed the property, except the liquors, as his;... |
108.US.125 | 1. A non-enumerated article, if found to bear a substantial similitude to an enumerated article, either in material, quality, texture, or use to which it may be applied, is made by section 2499, Rev. Stat., liable to the duty imposed apon the enumerated article. 2. A non-enumerated article composed of cow-hair and cott... | David Fox and Rose Fox, the defendants in error, imported from Liverpool certain goods called velours, composed of cow or calf hair, vegetable fiber, and cotton, an imitation of seal-skin, and used for manufacturing hats and caps. The goods were not specifically enumerated in the tariff acts, but 'in the use to which t... |
109.US.446 | 1. The State of Georgia indorsed the bonds of a railroad company, taking a lien upon the railroad as security-. The company failing to pay interest upon the indorsed bonds, the governor of the State took possession of the road, and put it into the hands of a receiver, who made sale of it to the State. The- State then t... | This is an appeal from the decree of the circuit court for the southern district of Georgia, dismissing the bill of complainant on demurrer. The bill is filed by Cunningham a citizen of the state of Virginia, against Alfred H. Colquitt, as governor of the state of Georgia, J. W. Renfroe, as treasurer of the state, the ... |
107.US.147 | 1. The township of Mlontclair in the county of Essex, New Jersey, had authority to issue bonds to be exchanged for bonds of the Mlontclair Railway Company. 2. The Constitution of New Jersey provides: " To avoid improper influences which may result from intermixing in one and the same act such things as have no proper r... | 'Sec. 3. And be it enacted that the said commissioners, authorized by this act, may, in their discretion, dispose of such bonds, or any part thereof, to such persons or corporations, and upon such terms as they shall deem most advantageous for their said townships, towns, or cities, but not for less than par, and the m... |
108.US.132 | By a written agreement between S. and E., S. agreed to convey land to E. "subject to" an incumbrance on it of $9,000, and E. agreed to pay to S. $15,000, by conveying to him land, some of it "subject to" an incumbrance. Without any further bargain, S. delivered to E. a deed, conveying the land "subject to" the incumbra... | It is objected by the appellee, Dickey, that there is nothing in the record to show that the amount in controversy exceeds $5,000; and that the decree, so far as Elliott is concerned, is not a final one. It is urged that the provision of the decree is that if the amount specified is not paid to Dickey within one day, t... |
107.US.676 | At the time of borrowing money from a national bank, A. delivered to it, as collateral security for the debt thereby created, the certificate of his shares of its capital stock. On his failure to pay at the stipulated time, the bank sold the stock at its full market value, and applied the entire proceeds to his credit.... | Section 5201 of the Revised Statutes declares that 'no association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good fait... |
107.US.1 | The court denies an application for rehearing in this case, decided at the present term, 106 U. S. 327. | When this case was argued no special claim was made for a judgment based on the currency value of the pounds sterling at the time the taxes sued for ought to have been paid, and for that reason a judgment was ordered for the present value of pounds sterling in lawful money. We are now asked to rehear the case for the p... |
107.US.671 | An indictment for perjury against an officer of a national bank, for a wilfully false declaration or statement in a report made under sect. 5211 of the Revised Statutes is bad, if, prior to the passage of the act of Feb. 26, 1881, c. 82, his oath verifying the report was taken before a notary public appointed by a Stat... | This case comes before us on a certificate of division as to certain questions of law arising in a criminal prosecution against Edward P. Curtis, based upon sections 5211 and 5392 of the Revised Statutes of the United States. The first of those sections provides that every national banking association 'shall make to th... |
106.US.546 | 1. Judicial notice is taken of the seal of a notary public, and such seal, impressed upon either the paper or the wax thereunto attached, entitles his certificate of protest to full faith and credit. So held, where, in an action against the drawer of a foreign bill of exchange payable in Norway, such a certificate made... | 'Formerly wax was the most convenient and the only material used to receive and retain the impression of a seal. Hence it was said: Sigillum est cera impressa; quia cera, sine impressione non est sigillum. But this is not an allegation that an impression without wax is not a seal, and for this reaso... |
109.US.139 | The statute imposing duties divides foreignwool into three classes, and enacts, among other things, that the duty on wool of the first class, which shall be imported washed, shall be twice the amount of the duty to which it would be subjected if imported unwashed; and further, that wools of that class shall pay a speci... | The construction of the statute, and the rule of computation adopted by the collector, proceeds upon the supposition that the rate of duty to be charged and collected upon washed wool is to be double that charged and collected upon the same weight and value of unwashed wool. Hence, because 3,294 pounds of unwashed wool... |
110.US.633 | When a defendant in a suit pending in a State court pleads a provision of the State constitution as a defence, a judgment there overruling the plea presents no federal question to give jurisdiction to this court. Congress has the constitutional power to prescribe the law of limitations for suits which may by law be rem... | The first of these defenses is intended to assert the validity of the military order by which defendants under compulsion of that order paid the rent which as tenants of Clark they then owed to him, into the military chest of Gen. Schofield, and that said order being lawful and valid is a full protection to them and a ... |
107.US.557 | 1. The swamp and overflowed lands granted by the act of Sept. 28, 1850, c. 84, are subject to the disposal of the States wherein they respectively lie, and no party other than the United States can question such disposal or enforce the conditions of the grant. 2. The proviso to the second section of the act, that the p... | These cases were consolidated and heard together in the state courts, both relating to the same subject-matter, viz., the validity of a compromise agreement made on the twenty-seventh of October, 1868, between Mills county, in the state of Iowa, and the Burlington & Missouri River Railroad Company, in reference to cert... |
106.US.552 | A suit for the foreclosure of a mortgage commenced in a State court was removed to the Circuit Court, where a motion to remand it was made and overruled. A final decree in favor of the complainant was passed, whereunder the mortgaged property was sold. From the order confirming the sale all appeal was taken. Held, that... | This suit was commenced on the twenty-first day of November, 1874, in the circuit court for De Witt county, Illinois, by Malcolm C. Turner, James Turner, and others, constituting the firm of Turner Bros., against the Indianapolis, Bloomington & Western Railway Company, the Farmers' Loan & Trust Company, and others. The... |
108.US.165 | 1. Cross-appeals must ce prosecuted like other appeals. When a party making a cross-appeal fails, for a period long after the time allowed by law, to perfect his cross-appeal, the court, of its own motion, will dismiss it for want of prosecution. 2. When it appears on the face of the record that the value of the matter... | 'The distinction constantly maintained is this: Where the plaintiff sues for an amount exceeding $2,000, and the ad damnum exceeds $2,000, if by reason of any erroneous ruling of the court below, the plaintiff recovers nothing, or less than $2,000, there the sum claimed by the plaintiff is the ... |
107.US.591 | Where the complainant prays for the appointment of a receiver of mortgaged railroad property, pending proceedings for foreclosure, the court, in the exercise of a sound discretion, may, as a condition of granting the prayer, impose such terms touching the application of the income arising during the receivership to the... | It seems to us that the question certified is fully disposed of by the case of Fosdick v. Schall, 99 U. S. 251, where it was said: 'We have no doubt that when a court of chancery is asked by railroad mortgagees to appoint a receiver of railroad property, pending proceedings for foreclosure, the ... |
106.US.607 | 1. Bounty was not allowed by the act of Congress of June 30,1864, c. 174, where vessels of the enemy were, during the rebellion, destroyed by the combined action of the sea and land forces of the United States. 2. Property seized upon any waters of the United States, other than bays or harbors on the sea-coast, was not... | Two objections are made to the recovery of the bounty claimed by the libelants: one, that the destruction of the confederate vessels was effected by the joint action of the army and navy; the other that it took place on the inland waters of the United States. For the determination of the first of these objections it wi... |
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