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107.US.433 | 1. Where, in an action brought in a court of Virginia against an indorser of promissory notes, payable August, 1861, at Alexandria in that State, the point in controversy being as to tile sufficiency of the notices of dishonor, and tile court decided in substance that by the general principles of commercial law, if, du... | This is a suit against William N. McVeigh, as indorser of two promissory notes, and the matter in dispute is as to the sufficiency of the notices of dishonor. The notes fell due, one on the second, and the other on the twenty-third of August, 1861, at the Exchange Bank of Virginia, in Alexandria. The notary, in his cer... |
107.US.20 | 1. By a statute of Missouri, stockholders of a corporation at its dissolution are liable for its debts; but it is provided that no person holding stock as executor, administrator, guardian, or trustee, and no person holding stock as collateral security, shall be personally subject to such liability, but the persons ple... | This is an action brought by the plaintiff, Burgess, against J. & W. Seligman & Co., as stockholders of the Memphis, Carthage & Northwestern Railroad Company, under a statute of the state of Missouri, to recover a debt due to him by the company. The plaintiff, in his petition, alleges that on the fifth on November, 187... |
107.US.466 | 1. A cemetery company was incorporated in 1854 by an act of Congress which authorized it to purchase and hold ninety acres of land in the District of Columbia, and to receive gifts and bequests for the purpose of ornamenting and improving the cemetery; enacted that its affairs should be conducted by a president and thr... | This is a bill in equity, filed on the twenty-fifth of October, 1877, by the Glenwood Cemetery, claiming to be a corporation extablished by act of congress, against Joseph B. Close, William S. Humphreys, Randolph S. Evans, and George Clendenin, praying for a conveyance of the legal title in a tract of land containing 9... |
107.US.162 | The jury may be controlled in their determination of a question by a peremptory instruction, if the testimony is of such a conclusive character as would compel the court, in the exercise of a sound legal discretion, to set aside a verdict if one were returned in opposition to such testimony. | The bonds in suit are of the same issue as those involved in Township of Montclair v. Ramsdell, just decided, [ante, 391.] The cases do not materially differ, except in the circumstances under which the respective plaintiffs became the holders of the township bonds. In this, as in the other case, the township was denie... |
107.US.478 | 1. By a trust deed, duly recorded, land was conveyed to the trustees in fee, and they were authorized to release it to the grantor upon payment of the negotiable promissory note thereby secured. Before that note was paid or payable, and after it had been negotiated to an indorsee in good faith for full value, a deed of... | This is a bill in equity, filed by Benjamin L. Jackson and others, partners under the name of Jackson, Brother & Co., and heard on the pleadings and proofs, by which the material facts appear to be as follows: On the first of January, 1875, Edwin J. Sweet and his wife purchased and took a deed from Augustus Davis ... |
107.US.454 | I. This court will not re-examine the order of the Circuit Court, refusing to set aside the verdict upon the ground that the jury awarded excessive damages. 2. The same degree of care which a railroad company should take in providing and maintaining its machinery must be observed in selecting and retaining its employds... | That we are without authority to disturb the judgment upon the ground that the damages are excessive cannot be doubted. Whether the order overruling the motion for new trial, based upon that ground, was erroneous or not, our power is restricted to the determination of questions of law arising upon the record. Railroad ... |
106.US.668 | 1. The charter of the Kankakee and Illinois River Railroad Company does not limit the operation and effect of the general laws of Illinois, which confer power upon counties to subscribe for stock in railroad companies and issue bonds in payment therefor. 2. The county of Kankakee, in that State, having been organized u... | The judgment sought to be reviewed by this writ of error was rendered upon coupons attached to municipal bonds purporting to be issued by the plaintiff in error. The cause was tried by the court without the intervention of a jury, and the facts appear in a bill of exceptions. Each bond of the issue contains a recital t... |
109.US.258 | 1. When an administrator duly rappointed in the District of Columbia, is removed, and an administrator de bona non appointed in his place, the administrator de bonis non is not entitled to demand of the administrator so removed the proceeds of a claim against the United States due the intestate and collected by the for... | The first question presented by the record is whether it was competent for the administrator de bonis non of the estate of Ames to sue on the bond of the principal administrator to recover money collected by him from the United States and not paid over or accounted for. It is well settled at common law that 'the title ... |
108.US.106 | Under Schedule B of § 2504 of the Revised Statutes, which imposes a duty of 30.per cent. ad valorem on "glass bottles or jars filled with articles not otherwise provided for," such duty is chargeable on bottles filled with natural mineral water, although, by § 2505, mineral water, not artificial, is declared to be exem... | In the opinion of this court delivered at this term in Schmidt v. Badger, [1 SUP. CT. REP. 530,] the foregoing provision as to a duty on 'glass bottles or jars filled with articles not otherwise provided for,' was under consideration. It was held that the duty of 30 per cent. ad valorem was not a duty on the articles c... |
109.US.371 | 1. The liability created by a provision in a general act of the State bf New York for the formation of corporations, that all the stockholders of every company incorporated under it shall be severally individually liable to creditors of the company until the whole amount of the capital stock shall be paid in and certif... | The only question arising upon the record is whether the declaration presents a cause which entitles the plaintiffs to recover in this action. This was the question considered by the court below, and upon what it deemed the insufficiency of that declaration its judgment was based. The sufficiency of the pleas and rejoi... |
109.US.103 | In a serious conflict of testimony, a bill in equity may be dismissed on the ground that the complainant fails to establish the facts on which he claims relief. | Counsel for appellant states the theory of the bill to be that Campbell was not the bona fide purchaser of the lots described, or of either of them, although he holds them by conveyances absolute upon their face; that he was only the broker of Burgess; and that the conveyances were made to him in that capacity, for the... |
107.US.251 | 1. Where the holder of shares of stock in a national bank, who is possessed of information showing that there is good ground to apprehend the failure of the bank, colludes with an irresponsible person, with the design of substituting the latter in his place, and thus escaping the individual liability imposed by the pro... | George E. Bowden, as receiver of the First National Bank of Norfolk, Virginia, brought this suit in equity against Jacob C. Johnson and Mrs. B. Valentine, alleging, in the bill, that Johnson, owning 130 shares of the capital stock of the bank, of $100 each, in order to exonerate himself from liability to the creditors ... |
109.US.74 | If, through fault of the party prosecuting a cause in this court, printed copies of the record are not furnished to the justices or parties, the writ on appeal will be dismissed for want of prosecution, unless good cause be shown to the contrary. The fees of the clerk of this court must be paid in advance when demanded... | West Steever and Wm. S. Abert, for appellant. W. O. Dodd, for appellee. WAITE C. J. By the act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1884, c. 143, (St. 1882-3, p. 631,) the clerk of this court is required to pay into the treasury the fees and emoluments of... |
107.US.546 | The Circuit Court cannot take jurisdiction of a suit removed from a State court under the third subdivision of sect. 639 of the Revised Statutes, on account of "prejudice or local influence," unless all the necessary parties on one side of the suit are citizens of different States from those on the other. | This is a writ of error brought under the act of March 3, 1875, c. 137, to reverse an order of the circuit court remanding a cause removed from a state court under the third subdivision of section 639 of the Revised Statutes, on account of 'prejudice and local influence.' At the time the application for removal was mad... |
107.US.132 | 1. Claims 1, 8, 9, 11, 12, 14,16, and 19 of reissued letters-patent No. 2224, granted April 10, 1866, to Reuben Hoffheins, for an "improvement in harvesters," the original, No. 35,315, having been granted to him May 20, 1862; and claims 1, 2, 6, 7, and 9 of reissued letters-patent No. 2490, granted Feb. 19, 1867, to hi... | This suit is brought for the infringement of two reissued letters patent granted to the appellant. One, No. 2,224, was issued April 10, 1866, for an 'improvement in harvesters;' the original patent, No. 35,315, having been issued to him May 20, 1862. The other, No. 2,490, was issued February 19, 1867, for an 'improveme... |
108.US.66 | 1. Where a wife lends to her husband money which is her separate property, upon his promise to repay it, it creates an equity in her favor which a court of equity will enforce in the absence of fraud. 2. If the husband, being insolvent, mortgages real estate to secure such a debt to his wife, previously incurred, a cou... | This is a bill in chancery, brought by Bonebrake as assignee in bankruptcy of John R. Metsker, against said Metsker and his wife. The object of the bill is to subject to administration, as part of the assets of the bankrupt, a farm of 162 acres of land, on which Metsker and his wife were living, the legal title of whic... |
107.US.625 | 1. Where a collector of customs brings a writ of error to review a judgment recovered against him for moneys exacted by and paid to him on entries, this court will, if it affirms the judgment, allow interest on it, under rule 23. 2. In such a case, the "final judgment," the amount whereof is payable under sect. 989 of ... | These writs of error were brought to review a judgment rendered by the circuit court of the United States for the southern district of New York, October 14, 1882, nunc pro tunc as of October 7, 1882, in favor of Thomas Cochran and William Barbour, surviving partners of S. Cochran & Co., against Augustus Schell, late co... |
107.US.711 | 1. By force of the act of the legislature of Louisiana, known as Act No. 3 of 1874, and the constitutional amendment adopted in that year, which provided that bonds should be issued under that act in exchange for valid outstanding bonds and warrants at the rate of sixty cents in the new bonds for one dollar of the old ... | The legislature of Louisiana, at its session of 1874, by an act known as act No. 3 of 1874, provided for an issue of bonds, to be designated as consolidated bonds of the state, for the purpose of consolidating and reducing the floating and bonded debt. The bonds were to be payable to the bearer 40 years from January 1,... |
109.US.185 | The idea of regularity, as to route or time, or both, is involved in the words "express business," under § 104 of the act of June 30th, 1864, c. 173, 13 Stat. 276, and those words do not cover what is done bya person who carries goods solely on call and at special request, and does not run regular trips or over regular... | We are of opinion that the plaintiff was not liable to this tax, because he did not carry on or do an 'express business,' within the meaning of the statute. Although he carried goods between New York and Brooklyn, and from one place to another in either city, he did so solely on call and at special request. He did not ... |
106.US.594 | A. was appointed occasional weigher and measurer, at a fixed compensation per annum when employed. He rendered accounts for his services each month, Sundays being deducted; was paid on that basis, and gave his receipts therefor. He subsequently brought suit to recover pay for the Sundays excepted from those accounts. H... | According to the finding of facts in this case, the claimant received, on the first day of March, 1867, a written instrument appointing him occasional weigher and measurer, with a compensation fixed at $2,000 per annum when employed. He held the place and performed the duties of occasional weigher and measurer at Portl... |
109.US.205 | 1. The cause was submitted to the court below without the intervention of a jury. No error in law can be predicated of a finding of fact by the court. 2. It being proved that a deed had been lost, and not intentionally destroyed or disposed of for the purpose of introducing a copy, it is competent under the statute of ... | This was an action of ejectment brought by the defendant in error against the plaintiffs in error to recover the title and possession of a tract of land in Grundy county, Illinois, described as the north-east quarter of section twenty-nine, (29,) in township thirty-two, (32,) north of the base line, and in range eight,... |
109.US.329 | Previous decisions of this court have settled: 1. That the grant of lands in 1846 to Iowa Territory for the improvement of the Des Moines River did not extend above the Raccoon Fork. 2. That the odd numbered sections within five miles of the river above Raccoon Fork and below the east branch, to which Indian title had ... | The following are no longer open questions in this court: (1) That the grant of lands to the territory of Iowa for the improvement of the Des Moines river, made by the act of August 8, 1846, c. 103, (9 St. 77,) did not extend above the Raccoon Fork. Dubuque & P. R. Co. v. Litchfield, 23 How. 66. (2) That... |
108.US.292 | A decree, in a suit in equity, set forth a hearing on pleadings and proofs, and awarded relief, but it ordered that a bill of exceptions signed by the court be filed as a part of the record. The bill of exceptions showed that the judge who held the court refused to permit the counsel for plaintiff to argue the cause, a... | In May, 1867, a bill in equity was filed by the board of mayor and aldermen of the city of Memphis and Bridget Powers against Marmaduke L. Ensminger and J. J. Sears, in the circuit court of the United States for the western district of Tennessee. The bill was sworn to by John C. Powers as agent for Bridget Powers. The ... |
109.US.189 | A bill in equity will not lie to enjoih a collector of internal revenue from collecting a tax assessed by the commissioner of internal revenue against a manufacturer of tolecco, although the tax is alleged in the bill to have been illegally assessed. The remedy of a suit to recover back the tax after it is paid, which ... | The sole object of the suit is to restrain the collection of a tax which purports to have been assessed under the internal revenue laws. A decree adjudging the tax to be void as against the appellant is sought for only as preliminary to relief by injunction, and would be futile for any purpose of this suit, unless foll... |
109.US.477 | a deputy, seized them on March 29th, 1878. Ma x Schott, on the 6th of April, commenced an action of trespass in the Circuit Court for Saginaw County, Michigan, against Matthews and Wells, to recover $25,000 damages for the acts of the defendants in breaking and entering the store at East Saginaw, and taking therefrom a... | The facts in this case differ from those in Leroux v. Hudson, herewith decided, [ante, 309,] as set forth in the opinion in that case, only in the following immaterial respects: The goods seized were in the hands of Max Schott, in his store at East Saginaw, Saginaw county, Michigan, and had been transferred to him by t... |
107.US.320 | 1. A claim for the appraisement of goods and the reduction of the duty thereon, by reason of the damage which they sustained during the voyage of importation, may be allowed, although not made until after they were entered at the custom-house at their full invoice value and the estimated duties thereon paid. Shelton v.... | tion 2928 of the Revised Statutes, a re-enactment of section 21 of the act of March 1, 1823, c. 21, relates alone to merchandise taken from a wreck, and does not in any manner affect the proceedings under section 2927, a re-enactment of section 52 of the act of March 2, 1799, c. 22, to obtain an appraisement for an aba... |
106.US.523 | The value of the matter in dispute, when the jurisdiction of this court depends thereon, must be such as can be ascertained in money, and, if not disclosed by the record, may be shown by affidavits. | Affidavits can only be used to furnish evidence of value not appearing on the face of the record when the nature of the matter in dispute is such as to admit of an estimate of its value in money. The motion to dismiss is, therefore, granted. |
109.US.108 | A brought suit against B upon bonds aggregating $24,000, on which over $5,000 interest was claimed as overdue. Before trial A, by leave of court, amended so as to include only 90 of the coupons originally sued on. He took judgment for less than $5,000. Held, that the amendment was within the discretion of the Court bel... | The action below was brought originally upon 119 interest coupons cut from 24 bonds of the city of Opelika. The bonds were in the aggregate for $24,000, and the amount claimed to be due on the coupons was more than $5,000. At first a demurrer was filed to the complaint. This being overruled, the validity of the bonds w... |
107.US.3 | 1. The Supreme Court of the District of Columbia is a court of the United States, and its judgment, when suit is brought thereon in any State of the Union, is, under the legislation of Congress, conclusive upon the defendant, except for such cause as would be sufficient to set it aside in the courts of the district. 2.... | A suggestion is made in argument that the plaintiff in error is estopped to prosecute this writ to the reversal of the decree below, because it appears that the amount of money ordered by it to be paid to him as a condition of relief granted has been accepted by him. It is said that this is a release of errors. Without... |
107.US.323 | The indorsee of "a promissory note negotiable by the law merchant," which the maker secured by a mortgage of land to the payee, is not precluded from maintaining a foreclosure suit in a court of the United States by the fact that the maker and the payee are citizens of the same State. | There is but a single question presented by this appeal, to-wit, whether, if a promissory note, negotiable by the law-merchant, is made by a citizen of one state to a citizen of the same state, and secured by a mortgage from the maker to the payee, an indorsee of the note can, since the act of March 3, 1875, c. 137, (1... |
109.US.485 | 1. When an heir at law brings a suit in equity to set aside the probate of a will in Louisiana as null and void, and to recover real estate ; and prays for an accounting of rents and profits by an adverse party in possession, who claims under the will, this court will refuse to entertain the prayer for recovery of poss... | The appellants, who were complainants below, are alleged in the bill of complaint to be, respectively, citizens of New York or Missouri, or British subjects and aliens, the defendant being a citizen of Mississippi. It is set forth in the bill that Sarah Ann Dorsey died on July 4, 1879, seized in fee-simple of certain r... |
107.US.123 | jurisdiction erred in overruling the motion to set aside the indictment, and, consequently, that the Court of Appeals of Kentucky erred in affirming its judgment. The judgment of the Court of Appeals of Kentucky is reversed, and the cause remanded to that court, to'be thence remanded to the Fayette Circuit Court, with ... | It is provided by the act of March 3, 1863, amending that of February 24, 1855, establishing the court of claims, 'that every claim against the United States, cognizable by the court of claims,'—that is, such as the government permits to be asserted against it by suit in that tribunal,—'shall be forever barred, unless ... |
109.US.168 | 1. When it is within the discretion of the court below to grant or to refuse leave to file a cross-bill, the refusal to grant such leave is no ground of appeal. 2. The court will not review an alleged error respecting the proof in a railroad foreclosure suit and the allowance of amounts due to kolders of mor gage bonds... | These are appeals from the final decree in a suit brought by the Liverpool, London & Globe Insurance Company to foreclose a mortgage given by the Indiana Southern Railroad Company to William H. Swift and Samuel J. Tilden, trustees, to secure an issue of bonds, 1,500 of which, amounting in the aggregate to $1,500,000, a... |
109.US.522 | A railway company contracted with paities associated together as a constructiqn. company for the construction of a portion of its road, the payment to be made in mortgage bonds. Two of the directors were also parties in the construction contract. As part of the transaction the other parties in the construction contract... | This is an appeal from a decree of the circuit court for the district of Nebraska dismissing appellant's bill for a foreclosure of a railroad mortgage. The mortgage was made by the Brownville, Fort Kearney & Pacific Railroad Company to secure the payment of bonds issued by said company to certain persons who had contra... |
106.US.644 | 1. The loss of a draft is not sufficiently proved, to support a suit in equity thereon against the drawer or acceptor, by evidence that it was left with a referee appointed by order of court to examine and report claims against an estate in the hands of a receiver, and that unsuccessful inquiries for it have been made ... | L. L. Coburn and H. C. Whitney, for appellant. C. B. Lawrence, for appellee. GRAY J. This is a bill in equity, by which Rogers seeks to recover of Durant and seven others, as copartners under the name of James W. Davis & Associates, the amount due upon several drafts, some drawn, and some accepted or promised to be acc... |
107.US.215 | 1. Dutiable goods cannot lawfully be imported in the foreign mail under the International Postal Treaty of Berne of Oct. 9, 1874. 19 Stat. 577. 2. Such goods are, in the hands of the receiver of them from the post-office, subject to seizure; and the fact that there was no intent on the part of the sender or the receive... | This was a suit commenced before a justice of the peace by the plaintiff in error against the defendants for seizing and converting to their own use a flexible woolen scarf or shawl of the value of four dollars. It was removed into the circuit court of the United States by a writ of certiorari on the ground that Nazro ... |
108.US.92 | was not lawful prize, and that the capture was without probable cause, these questions were no longer opefi. Supervisors v. Hennicott, 94 U. S. 498, followed. 2. The capture being made by the army, the vessel was not subject to condemnation as prize. 3. The executive could, without legislative authority, submit to the ... | 'I avail myself of this occasion to offer to you assurances of my very high consideration. J. C. BANCROFT DAVIS, 'Acting Secretary of State.' *On the second of June following, the cause was referred to one of the commissioners of the court to ascertain the amount of damages the claimant had sustained by the seizur... |
106.US.620 | Certificates of indebtedness issued by a person or a corporation are not taxable as "circulation," under sect. 8408, IRev. Stat., unless they were calculated or intended to circulate or to be used as money. | We are not satisfied that the certificates of indebtedness, on account of which the United States have assessed the taxes petitioned for, were calculated or intended to circulate or to be used as money. They were not, therefore, taxable as 'circulation' under the third clause of section 3408 of the Revised Statutes. Th... |
106.US.536 | An officer charged with the disbursement of public moneys is not liable for interest thereon, if he has not converted them to his own use, nor neglected to disburse them pursuant to law, nor, when thereunto required, failed to account for or transfer them. | The United States recovered a judgment in the circuit court for the district of Massachusetts against Denvir, on his bond, given as surety for the faithful performance by David F. Power of all his duties as acting assistant paymaster in the navy of the United States. No service on Power or appearance for him and no def... |
107.US.617 | 1. By schedule D of the act of July 30, 1846, c. 74, a duty of twenty-five per cent ad valorem was imposed on "cotton laces, cotton insertings," and "manufactures composed wholly of cotton, not otherwise provided for." By sect. 1 of the act of March 3, 1857, c. 98, the duties on the articles enumerated in schedules C a... | This is a suit commenced in 1863, by the members of the firm of S. Cochran & Co., against the collector of the port of New York. As tried in the circuit court it involved the recovery back of duties paid on cotton laces and cotton insertings imported from abroad in 1857, 1858, 1859, 1860, and 1861, and of fees paid at ... |
108.US.466 | 1. The doctrine reaffirmed that the earlier printed and published description of a subject of a patent which is put in evidence to invalidate a patent must be in terms that would enable a person skilled in the art or science to which it appertains to make. construct and practise the invention as completely as he could ... | A grain of wheat may be described generally as follows: It consists of a pellicle or outside covering known as bran, an inner envelop consisting of cells and their contents of gluten and phosphates, the most nutritious portion of the berry, and an interior white mass composed mainly of starch and albuminoid matter, ext... |
106.US.519 | The creditor of a corporation organized under the general laws of Oregon cannot, to recover his debt against it, enforce, by an action at law, the liability of a stockholder upon an unpaid subscription to its capital stock. | The only question we deem it necessary to consider in this case is whether a creditor of a corporation, formed and organized under the general laws of Oregon 'in relation to the formation of private corporations,' can maintain an action at law against a stockholder to recover, out of an unpaid balance of subscription t... |
108.US.361 | Several insurance companies having policies on the same property agreed together to defend against claims for insurance, by a written instrument of which the following is the material part: the said companies will unite in resisting the claim made upon said policies, and on each thereof, and in the defence of any and a... | This action was brought by the defendant in error to recover compensation for professional services as an attorney and counselor at law, rendered, as alleged, at the instance and request of the defendants in error, and each of them, as well as of sundry other corporations not inhabitants of the southern district of New... |
108.US.164 | In a suit involving title to real estate the court will not dismiss an appeal for want of jurisdiction solely because, where there are conflicting affidavits respecting the value of the property, it may possibly reach the conclusion that the estimates acted on below were too high. | This motion is denied. Many of the affidavits sent up with the transcript state distinctly that the value of the property, which is the matter in dispute, exceeds $5,000. When an appeal has been allowed, after a contest as to the value of the matter in dispute, and there is evidence in the record which sustains our jur... |
109.US.216 | 1. A writ issuing from a court of competent jurisdiction, with power to compel ifs enforcement, and in a case where the cause of action and the parties to it are before the court and within its jurisdiction, is not void by reason of mistakes in the preliminary acts which precede its issue. 2. If not avoided by proper p... | This is a writ of error to the supreme court of the state of Michigan. The plaintiff in error was marshal of the United States for the eastern district of that state, and under a writ of attachment from the circuit court levied on a stock of goods which was the subject of controversy. The defendants in error, who were ... |
107.US.512 | 1. Under the act of Feb. 16, 1875, c. 77, a finding in a case of admiralty and maritime jurisdiction on the instance side of the Circuit Court has the effect of a special verdict in an action at law, and although no exceptions are filed, its sufficiency in connection with the pleadings to support the decree rendered is... | This case comes before us on appeal from a decree of the circuit court, with a finding of facts upon which it was rendered. We are, therefore, relieved of much of the embarrassment experienced on the trial, both by that court and the district court, from the difficulty of determining from the evidence the exact positio... |
109.US.527 | 1. The Parliament of Canada has authority to grant to an embarrassed railway corporation within the Dominion power to make an arrangement with its mortgage creditors for the substitution of a new security-in the place of the one they hold, and to provide that the arrangement shall be binding on all the holders of oblig... | 1. There is no constitutional prohibition in Canada against the passage of laws impairing the obligation of contracts, and the parliament of the dominion had, in 1878, exclusive legislative authority over the corporation, and the general subjects of bankruptcy and insolvency in that jurisdiction. As to all matters with... |
108.US.510 | In a suit brought by a District Attorney of the United States to set aside a patent conveying public lands, objection was taken in this court that it does not sufficiently appear that the suit was brought under authority from the Attorney-General Hedd, That, the objection not having been taken below, the fact of such a... | John M. Coghlan, district attorney of the United States for the District of California, on behalf of the United States, brought the bill in this case in the circuit court of that district against the Western Pacific Railroad Company and Charles McLaughlin to set aside a patent of the United States conveying to the rail... |
107.US.205 | 1. An assignee of a chose in action, or any other cestui que trust, cannot, merely on the ground that his interest is an equitable one, proceed in a court of equity to recover his demand. Hayward v. Andrews, 106 U. S. 672, cited upon this point and approved. 2. The courts of the United States especially, in view of the... | This case was commenced by a bill in equity filed by the New York Guaranty & Indemnity Company and others, holders of bonds of the Memphis Water Company, against said water company, the city of Memphis, the trustees of a mortgage given to secure said bonds, and certain others of the bondholders and persons interested. ... |
108.US.109 | The decision of this court, in Schmidt v. Badger, 107 U. S. 85, that, under the statutory provisions in question in this case, the proper duty on the importation of glass bottles containing beer, was a duty of 80oper cent. ad valorem on the bottles, in addition to a specific duty of 85 cents a gallon on the beer, confi... | This is a suit to recover back duties exacted by the plaintiff in error, as collector of the port of New York, on glass bottles imported in March, 1879, from London. The bottles contained beer, and the defendant exacted a specific duty of 35 cents a gallon on the beer and also a duty of 30 per cent. ad valorem on the b... |
107.US.636 | 1. Reissued letters-patent No. 6673, granted to Mrs. P. Duff, E. A. Kitzmiller, and R. P. Duff, Oct. 5, 1875, for an "improvement in wash-boards," on the surrender of original letters-patent No. 111,585, granted to Westly Todd, as inventor, Feb. 7, 1871, are not infringed by a wash-board constructed in accordance with ... | This is a suit in equity brought for the alleged infringement of reissued letters patent No. 6,673, granted to Mrs. P. Duff, E. A. Kitzmiller, and R. P. Duff, October 5, 1875, for an 'improvement in wash-boards,' on the surrender of the original letters patent No. 111,585, granted to Westly Tood, as inventor, February ... |
242.US.394 | The rule that the personal estate of an intestate has its situs at his domicile, and is subject to be administered and distributed according to the domiciliary laws, is merely a rule of the common law, which the States may adopt, modify or reject, as their policies dictate. Each State has the power to control and admin... | The Federal question presented in this record is whether the court of appeals of Kentucky gave such faith and credit to certain judicial proceedings of the state of Tennessee as were required by art. 4, § 1, of the Constitution, and the act of Congress passed in pursuance thereof (Act of May 26, 1790, chap. 11, 1 Stat.... |
246.US.227 | Under § 7 of the At of May 27, 1902, c. 888, 32 Stat. 275, an Indian allotment held under trust patent and subject to the restrictions on alienation imposed by the Act of March 2, 1889, § 11, c. 405, 25 Stat. 888, may, upon the death of the allottee, be conveyed by his heirs with the approval of the Secretary of the In... | Egan agreed to buy of McDonald a parcel of land in South Dakota and paid $1,000 to bind the bargain. McDonald agreed to furnish a merchantable title. After examining the abstract, Egan asserted that the title was not merchantable, demanded back his money, and, upon refusal, brought an action in a state court to recover... |
242.US.559 | The South Dakota "Blue Sky Law," Laws of 1915, c. 275, is the sange in principle as the laws of Ohio and Michigan involved in Hall v. Geiger-Jones Co., ante, 539, and Merrick v. Halsey & Co., post, 568, and is sustained over constitutional objections, for the reasons assigned in those cases, as applied to a Colorado co... | This case was argued and submitted with Nos. 438, 439, and 440, just decided [242 U. S. 539, 61 L. ed. 480, 37 Sup. Ct. Rep. 217], and with No. 413 [242 U. S. 568, 61 L. 498, 37 Sup. Ct. Rep. 227], which concerns a statute of Michigan of like kind, the opinion in which is to follow. It involves the same general questio... |
246.US.457 | In a proceeding before the Interstate Commerce Commission to establish through routes and joint rates over the Manufacturers Railwaya company operating terminals at St. Louis and held by the Commission to be a common carrier, though controlled and principally used by the intervening Brewery,--and certain trunk lines at... | It will be convenient to dispose first of No. 25. The scope of the order of July 10, 1914, under I. C. C. Docket No. 3151, is simple and limited; the grounds of attack upon it are many and diverse, and based rather upon what it does not, than upon what it does, require to be done. As is pointed out in the prefatory sta... |
246.US.552 | The provision in the Act of March 3, 1891, § 8, 26 Stat. 1099, that "suits by the United States to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents," was designed for the security of patent titles and does not apply to an action at law to re... | This is a suit to recover from the liquidating commissioners and the former president of a dissolved corporation the value of public lands described in a patent which it is alleged was procured from the government by the fraudulent conduct of the company and of its president. A demurrer to the petition was sustained by... |
244.US.100 | In a suit 'to enjoin defendant from using or disclosing secret processes of plaintiff's business, defendant, while in effect conceding that he learned them through his former confidential employment by plaintiff, denied that they were secret and insisted on his right to use them as processes well known to the trade and... | This is a bill to prevent the defendant Walter E. Masland from using or disclosing secret processes the knowledge of which was acquired by the defendant while in the plaintiffs' employ. The defendant admits that he intends to manufacture artificial leather, to which some of the plaintiffs' alleged secret processes rela... |
242.US.591 | The performance of a copyrighted musical composition in a restaurant or hotel without charge for admission to hear it but as an incident of other entertainment for which the public pays, infringes the exclusive right of the owner of the copyright to perform the work publicly for profit, under the Act of March 4, 1909, ... | These two cases present the same question: whether the performance of a copyrighted musical composition in a restaurant or hotel without charge for admission to hear it infringes the exclusive right of the owner of the copyright to perform the work publicly for profit. Act of March 4, 1909, chap. 320, § 1(e), 35 Stat. ... |
243.US.97 | Section IV, paragraph J, subsection 7, of the Tariff Act of October 3, 1913, c. 16, 38 Stat. 114, 196, after declaring that a discount of five per centum on all duties imposed by the act shall be allowed on such goods as shall be imported in vessels admitted to registration under the laws of the United States, adds, by... | Mr. Thomas M. Lane for respondents in Nos. 149 and 160. Messrs. Albert H. Washburn, George J. Puckhafer, and John A. Kratz for respondents in Nos. 150, 151, and 152. Messrs. Henry J. Webster and John G. Duffy for respondent in No. 153. Mr. Frederick W. Brooks, Jr., for respondents in Nos. 154 and 159. Mr. B. A. Levett ... |
243.US.66 | For review in this court of a final judgment of the Circuit Court of Appeals directing that an action be dismissed, the writ of error should .go to that court; and its efficacy is not impaired by the circumstances that, before allowance of the writ by that court, the trial court, obeying the mandate, has entered judgme... | A motion to dismiss the writ of error is made, two grounds being urged: (1) The circuit court of appeals was without jurisdiction to allow the writ on March 15, 1912, for the reason that its judgment had become executed and the judgment entered thereon in the circuit court November 24, 1911, had become final and irrevo... |
243.US.247 | A judgment of the.District Court refusing the writ of habeas corpus is appealable directly to this court under § 238 of the Judicial Code if the petition raises constitutional or treaty questions. A judgment of the Circuit Court of Appeals affirming a judgm ent of the District Court refusing habeas corpus is not appeal... | Appellant, being in the custody of the United States marshal for the district of Massachusetts, under an indictment found in that district for a violation of the Act of May 30, 1908, chap. 234, 35 Stat. at L. 554, now §§ 232-235 of the Criminal Code (chap. 321, 35 Stat. at L. 1088, 1134, Comp. Stat. 1913, §§ 10,165, 10... |
246.US.128 | ors of the use of the large type of button-head upon an oil-burning engine. Nor can we agree with the contention of the plaintiff in error that so long as the large button-head had not been disapproved by the government inspector such fact is conclusive of the sufficiency of the type in use. We find nothing in the Boil... | It now appears that the petition gives an inadmissible coloring to the matter in respect of which it seeks relief. We say this because the petition implies that the court did not consider but summarily rejected the public administrator's motion for a revivor in his name, whereas in fact the court heard oral argument on... |
244.US.147 | The liabilities and obligations of interstate railroad carriers to make compensation for personal injuries 'suffered by their employees while engaged in interstate commerce are regulated both- inclusively and exclusively by the Federal Employers' Liability Act; and, Congress having thus fully covered the subject, no ro... | While in the service of a railroad company in the state of New York, James Winfield sustained a personal injury whereby he lost the use of an eye. At that time the railroad company was engaging in interstate commerce as a common carrier and Winfield was employed by it in such commerce. The injury was not due to any fau... |
242.US.434 | At the date of the Treaty of Greenville, August 3, 1795, 7 Stat. 49, the right of the Pottawatomie Nation in lands on and near the shore of Lake Michigan now in Illinois was no more than a right of occupation. If the occupancy ever extended to lands formerly submerged in the lake such as are the subject of this litigat... | The claim set up in this cause is without merit, and the amended bill was properly dismissed, upon motion, for want of equity. Complainants are eight Pottawatomie Indians, members of the Pokagon Band, and residents of Michigan. They undertake to sue 'on behalf of themselves and of all members of the Pokagon Band of Pot... |
244.US.202 | It being settled that in the absence of congressional legislation the commerce clause does not forbid a State to legislate concerning the relative rights and duties of employers and employees within her borders although engaged in interstate commerce, a contention to the contrary will not afford jurisdiction to this co... | Number 469. Seeking damages under the laws of Ohio, defendant in error, Wattawa, brought this action in the common pleas court of Cuyahoga county. He alleged that, by reason of the Steamship Company's negligence, he suffered personal injuries in September, 1913, while employed by it as a deck hand on the Edwin N. Ohl, ... |
242.US.386 | Of two qualified applicants for anallotment under § 11 of the Cherokee Agreement of 1902 (Act of July 1, 1902, c. 1375, 32 Stat. 716), the .one owning the improvements on the tract in question, though junior in time of application, is entitled to prevail. In such case a substantial equity in the improvements will suffi... | This was an equity action involving the right to an allotment of land in the Cherokee Nation, containing about 77 acres. The plaintiff in error Harnage and the defendant in error Martin are members of the Cherokee Tribe, and rival claimants to the allotment. The other parties are two oil companies that claim under Harn... |
244.US.103 | In an action against a carrier for breach of a contract to furnish an interstate train, the defendant objected when the tria! opened that no rate for such trains had been filed with the Interstate Commerce Commission and, while the trial was in progress. offered an amendment to the answer, setting up this defense. Unde... | This is an action for breach of a contract to furnish plaintiff (defendant in error) a special train to carry him from Reno, Nevada, to Doyle, California, where his son was ill, and to bring the two back from that place. The plaintiff got a judgment, and the only question before us is whether any rights of the defendan... |
245.US.170 | Article 7 of the treaty with Denmark of April 26, 1826, 8 Stat. 340, (renewed April 11, 1857, 11 Stat. 719,) places no limitation upon the right of either government to deal with its own citizens and their property, within its dominion. Therefore, where a native of Denmark, who became a naturalized citizen of the Unite... | Anna M. Anderson, a native of Denmark, but a naturalized citizen of the United States, died in the state of Iowa where she resided and owned property. By her will she gave money legacies to her nephews and nieces who were subjects of the Kingdom of Denmark and resided therein. By the death duties imposed by the law of ... |
244.US.134 | The clause in the Sundry Civil Appropriation Act of March 4, 1909, c. 299, 35 Stat. 945, 987, appropriating money to enable the Secretary of the Interior to complete unfinished work pertaining to surveys in Louisiana and other States "caused by the discontinuance of the offices of surveyors-general in those States," ab... | Section 2207 of the Revised Statutes (Comp. Stat. 1916, § 4435) provided for the appointment of a surveyor general for the surveying district of Louisiana; § 2208 fixed his salary at the sum of $2,000 a year; § 2217 (Comp. Stat. 1916, § 4450) fixed the term of office at four years from the date of the commission unless... |
243.US.219 | The Washington Workmen's Compensation Act, as originally enacted, Laws 1911, c. 74, establishes a state fund for the compensation of' workmen injured, and the dependents of workmen killed, in employments classed as hazardous; abolishes, except in a few specified cases, the action at law by employee against employer for... | This was an action brought by the state against plaintiff in error, a corporation engaged in the business of logging timber and operating a logging railroad and a sawmill having power-driven machinery, all in the state of Washington, to recover under chap. 74 of the Laws of 1911, known as the Workmen's Compensation Act... |
243.US.210 | As an incident to the establishment of an elective Workmen's Compensation System which (by admission in this case,) is free from constitutional objection, it is not violative of due process for a State to withdraw the common-law defenses of assumption of risk, contributory negligence and negligence of fellow servants f... | This is a suit in equity, brought by appellant in the United States district court, to restrain the enforcement of an act of the general assembly of the state of Iowa, approved April 18, 1913, relating to employers' liability and workmen's compensation; it being chap. 147 of Laws of Iowa, 35 G. A.; embraced in Iowa Cod... |
246.US.388 | The Auditor for the Canal Zone has no authority to make deductions for rent of quarters, and because of absence, from the salary of the District Judge of the Zone, as fixed and appropriated for by Congress. Intimated that, but for the character of the proceeding (mandamus) and doubt as to intent, damages would have bee... | Congress provided for a district court of the Canal Zone, the appointment of a judge, and the salary attached to the office. Act of August 24, 1912, c. 390, 37 Stat. 565, § 8 (Comp. St. 1916, § 10044). In due course the salary fixed was definitely appropriated for. It is apparent that some controversy arose as to wheth... |
242.US.333 | An order of a state commission fixing a rate for transportation in purely intrastate commerce will not be disturbed upon the grounds that it produces discrimination against interstate commerce, interferes with administrative provisions of the Interstate Commerce Act, and intrudes upon the jurisdiction of the Interstate... | Error to review a judgment of the supreme court of Illinois sustaining an order of the State Public Utilities Commission, made in a proceeding brought by Poehlmann Brothers Company against plaintiff in error, here called the railway company. Poehlmann Brothers Company is an Illinois corporation engaged in growing and s... |
244.US.630 | The court has jurisdiction by writ of error to review this judgment of the Court of Appeals of the District of Columbia in a case arising under the Federal Employers' Liability Act of April 22, 1908, 35 Stat. 65, as amended April 5, 1910, 36 Stat. 291. Defendant was incorporated as an ordinary railway company (as disti... | This case is before us on writ of error to the court of appeals for the District of Columbia, and we shall refer to the parties as they appeared in the trial court, the defendant in error as plaintiff and the plaintiff in error as defendant. On July 8, 1913, the plaintiff's decedent was a conductor in the employ of the... |
245.US.319 | The filing of a certificate of arrival, as provided in § 4, subdivision 2, of the Naturalization Act, is an essential prerequisite to a valid order of naturalization. The court of naturalization having assumed to dispense with this requirement upon proof of reasons why the certificate of arrival could not be obtained, ... | This suit was brought under Section 151 of the Naturalization Act (June 29, 1906; 34 Stat. 596) in the District Court of the United States for the Northern District of Iowa, to cancel a certificate of naturalization issued to Ness by a state court of Iowa on May 21, 1912. The naturalization is alleged to have been 'ill... |
244.US.1 | When an applicant for a patent admits that the invention shown in his. application was made at a date subsequent to the date upon which another application for the same invention was filed, and by amendment of his application adopts the prior applicant's claims, he thereby concedes the priority of the other's invention... | The case is not in broad compass. It depends upon a few simple elements. Section 4904, Rev. Stat. Comp. Stat. 1913, § 9449, provides: 'Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with an unexpired patent, he shall give notice t... |
244.US.416 | By the principles fully settled in McCulloch v. Maryland and Osborn v. Bank, and other cases, the implied power of Congress to confer a particular function upon a national bank is to be tested, not by the nature of the function viewed by itself, but by its relations to all the functions and attributes of the bank consi... | We are of opinion that the procedure resorted to was appropriate and that the state court was competent to administer relief, but we postpone stating our reasons on the subject until the merits have been passed upon. The court below held that an act of Congress conferring on national banks additional powers was in exce... |
245.US.18 | The remedy by certiorari which, in certain classes of cases, is substituted by the Act of September 6, 1916, c. 448, 39 Stat. 726, for the remedy by writ of error previously allowed by Rev. Stats., § 709, Jud. Code, § 237, is confined to final judgments, and finality, in the one case as in the other, is determined by t... | A railroad in whose service Tobin lost his life while actually engaged in carrying on interstate commerce, admitting liability under the act of Congress, paid the conceded loss to his administrator. A father and mother, but no widow or children, survived. The father, the respondent, sued in a state court to recover hal... |
243.US.316 | The servitude to the interests of navigation of privately owned lands forming the banks and bed of a stream is a natural servitude, confined to such streams as in their ordinary and natural condition are susceptible of valuable public use in navigation, and confined to the natural condition of such streams. When naviga... | These cases were argued together, involved similar questions, and may be disposed of in a single opinion. They were actions brought in the district court by the respective defendants in error against the United States under the 20th paragraph of § 24, Judicial Code (Act of March 3, 1911, chap. 231, 36 Stat. at L. 1087,... |
245.US.210 | A party against whom a default judgment had been rendered in the District Court eighteen months previously, applied there to have it set aside for lack of personal jurisdiction, alleging that there was no service and that the return of service, upon which the default was based, was unauthorized and false. After hearing... | On October 4, 1913, the defendants in error brought suit in the United States District Court for the Eastern District of Oklahoma against the Stevirmac Oil & Gas Company and Virgil Hicks to recover a money judgment. Process was issued naming November 3, 1913, as answer date. On October 15, 1913, the marshal made return... |
242.US.448 | Plaintiff consigned goods from Michigan to New York City over a "lake and rail" route constituted of defendant's steamship line as far as Buffalo and the line of a railway' company thence onward. Plaintiff paid the freight, obtaining a reduced rate allowed in the tariff for this route by agreeing in.the bill of lading ... | The Western Transit Company, operating steamers between Buffalo and other points on the Great Lakes, formed, with the New York Central Railroad, a 'lake and rail' line between Michigan and New York city. Among the privileges and facilities offered by this line was the right 'in transit of free storage and diversion at ... |
244.US.205 | The Federal Employers' Liability Act applies only where the injury occurs in railroad operations or their adjuncts, and cannot be extended to interstate maritime transportation merely because the vessel in the case is owned and operated by an interstate carrier by railroad. The word "boats" in the statute refers to ves... | Upon a claim regularly presented, the Workmen's Compensation Commission of New York made the following findings of fact, rulings, and award, October 9, 1914: 1. 'Christen Jensen, the deceased workman, was, on August 15, 1914, an employee of the Southern Pacific Company, a corporation of the state of Kentucky, where it ... |
244.US.456 | The foundation of jurisdiction is physical power. Appearance in answer to a citation issued upon a libel in personam does not empower the court to introduce new claims of new claimants into the suit without service on the defendant and against his will. After defendant had appeared in a suit against it for causing the ... | The suit in which this writ of prohibition is sought was originally a libel in personam against the petitioner, an Indiana corporation, and others, for causing the death of one Dawson through the capsizing of the steamer Eastland in the Chicago river. The libel was filed on August 21, 1915. A citation was served upon a... |
245.US.54 | A person domiciled in Kentucky carried on a business in Missouri and deposited in bank in the latter State moneys derived from the business, but not used in it, and belonging absolutely to him. The resulting credits-ordinary bank accounts not represented by certificates and subject to his order only-were included by Ke... | This is a suit brought by the City of Louisville, Kentucky, to recover annual taxes for the years 1907 and 1908 in respect of personal property omitted from the original assessments to the owner L. P. Ewald in his lifetime. The facts as simplified for the purposes of argument here are that Ewald was domiciled in Louisv... |
244.US.383 | Under the Carmack Amendment, the bill of lading issued by the initial carrier governs the entire transportation; the liability of each paiticipating carrier is fixed by its valid, applicable terms; and new conditions can not be introduced by a connecting carrier through a second bill of lading. Without there being anyb... | This is an action to recover damages for injuries to cattle in the course of an interstate shipment. The cattle were delivered on August 23, 1912, by J. R. Ward to the Houston & Texas Central Railroad Company at Llano, Texas, for transportation by it to Elgin, Texas, and over connecting lines, the Missouri, Kansas, & T... |
246.US.621 | As to cases existing at the time of its enactment, the Philippine Code of Civil Procedure did not displace the system of parental control and usufructuary interest defined by the Civil Code, respecting the property of minor children. Held, therefore, that the right of a parent to emancipate minor children and thus endo... | Suit by appellants, Joaquin Ibanez de Aldecoa and Zoilo Ibanez de Aldecoa, brought in the Court of First Instance of Manila, to have declared null and void a mortgage executed by them in favor of appellees on the ground that when they executed the mortgage they were unemancipated minors. After some preliminary procedur... |
244.US.376 | The purpose of the Act of February 24, 1905, 33 Stat. 811, is to provide security for the claims of all persons who furnish labor or material on public works of the United States; the act, and bonds gi~ien under it, are to be construed liberally to effectuate this purpose; and the release of sureties through mere techn... | This is an action against the Illinois Surety Company on a bond given by one Schott under Act of Congress, February 24, 1905 (33 Stat. at L. 811, chap. 778, Comp. Stat. 1916, § 6923), to secure performance of his contract for work on the Naval Training Station at Chicago.1 It is brought for the benefit of persons who f... |
243.US.464 | In the exercise of its guardian powers over tribal Indians through allotment of lands of their reservation and conversion of surplus lands into tribal funds, Congress is free to adjust its action to meet new and changing conditions so long as no fundamental right is violated. Having enrolled a white man as an adopted m... | This is an action in ejectment, brought by the United States against James F. Rowell and two others. The land in controversy is a quarter section—160 acres—in an Indian school reserve in Comanche county, Oklahoma. Three statutes, all enacted in the same year, must be noticed. The first of these is a provision in the Ac... |
242.US.600 | When the highest state,court has refused to exercise its discretion to' review.a judgment of an intermediate appellate tribunal, it is to the latter that the writ of error under Judicial Code, § 237, should be directed. Stratton v. Stratton, 239 U. S. 55; Valley Steamship Co. v. Wattawa, 241 U. S. 642. The Ohio Court o... | This writ of error must be dismissed. It appears from the record that the action was commenced in the superior court of Cincinnati to recover the sum of $5,000 for money which, it was alleged, the Cincinnati Bank was to loan for the First National Bank of Okeana. Issues were made up and a trial had in the superior cour... |
243.US.302 | An order of a District Judge allowing a writ of error from this court and containing a recital that the judgment was based solely upon lack of jurisdiction supplies the place of the certificate required by § 238, Judicial Code. An allegation in a petition for removal that the plaintiff's motive in joining resident and ... | On March 26, 1902,—fifteen years since,—the plaintiff filed her petition in the circuit court of Greenup county, Kentucky, against the Chesapeake & Ohio Railway Company, a corporation organized under the laws of Virginia, hereinafter called the Virginia company, lessee, and the Maysville & Big Sandy Railroad Company, a... |
245.US.176 | A naturalized citizen of the United States, residing in Iowa, died there intestate, leaving property which passed under its laws to collaterals, some of whom were naturalized citizens residing in other States of the Union, and others natives and subjects of Sweden, residing there. Under the Iowa law, the inheritance ta... | John Peterson, a native of Sweden, but a naturalized citizen of the United States and a resident of Iowa, there died unmarried and intestate. His property in the state passed under the laws of Iowa to his heirs who were his nephews and nieces or their representatives, some of whom were naturalized citizens of the Unite... |
245.US.1 | Where a defendant, under indictment for defrauding the United States of money, deposited stocks with a representative by whom another person was induced to execute the defendant's bail bond on the faith of the deposit as indemnity, and neither surety nor depositary had notice of any defect in the depositor's title, the... | This proceeding began as a suit by the United States to charge the defendant Kellogg with a trust in respect of funds alleged to have been received by him from Greene and to have been obtained from the plaintiff by Greene through his participation in the well-known Carter frauds. United States v. Carter, 217 U. S. 286,... |
245.US.102 | Appellant having brought a number of actions against appellee in the District Court, all cognizable there because arising under a law of the United States, appellee filed in that court a bill ancillary and dependent in form setting up a partial equitable defense to all the actions and other partial defenses to some, an... | A motion to dismiss or affirm is presented. In its simplest form the case is this: Laura Eichel as use plaintiff began 18 separate actions at law against the guaranty company in the District Court for the Western District of Pennsylvania, all being cognizable in that court because arising under a law of the United Stat... |
244.US.82 | An order of the interstate Commerce Commission assigning a cause for hearing upon an issue of reparation is not an order in the sense of § 1 of the Commerce Court Act, 36 Stat. 539; Judicial Code, § 207; and the District Court has no jurisdiction to enjoin the Commission from proceeding with such hearing. Procter& Gamb... | Appeal from a decree canceling an order of the Interstate Commerce Commission fixing a hearing of certain complaints made to it by certain coal companies for damages for alleged failure to furnish cars upon demand, and enjoining proceedings upon the complaints. The decree was granted, three judges sitting, upon the pet... |
246.US.606 | A transgression of its statutory power by an administrative board is subject to judicial restraint, although guised as a discretionary decision within its jurisdiction. In testing the right of injunction against administrative officers, the presumption that they will follow the law, though set up" in their answer, cann... | This is a bill brought by importers of tea to prevent the appellants, a board of general appraisers known as the Tea Board, from applying to tea imported by the plaintiffs tests which, it is alleged, are illegal and if applied will lead to the exclusion of the tea. The bill was dismissed by the District Court, 215 Fed.... |
243.US.6 | A controversy in a state court involving the power of the United States Court of the Indian Territory to authorize and approve a lease of an Indian allotment subject, however, to the condition that it be approved also by the Secretary of the Interior before becoming operative; and involving also the validity and effect... | The Wellsville Oil Company sued to protect its alleged rights as lessee under an oil and gas lease and to set aside a conflicting lease held by the Alpha Oil Company. Upon demurrer the petition was dismissed for want of cause of action, and the judgment to that effect was affirmed by the court below. To state the undis... |
244.US.276 | Under the doctrine established by Railroad Company v. Lockwood, 17 Wall. 357, and many cases decided since, a person traveling by railroad as a caretaker of live stock on a "free" or "drover's" pass is a passenger for hire as to whom a stipulation that the carrier shall not be liable for personal injuries caused by its... | The judgment obtained in this case by the plaintiff in the district court, W. C. Chatman, and affirmed by the circuit court of appeals for the fourth circuit, is here for review on writ of error. On December 1, 1911, the plaintiff below (hereinafter designated as the plaintiff) delivered to the Pennsylvania Railroad Co... |
245.US.48 | Decided on the-authority of Smith v. Interstate Commerce Commission, ante, 33. Affirmed. | This case was submitted with Smith v. Interstate Commerce Com'n, 245 U. S. 33, 38 Sup. Ct. 30, 62 L. Ed. ——, and Id., 245 U. S. 47, 38 Sup. Ct. 34, 62 L. Ed. ——(Nos. 337 and 339). Like them it is a proceeding to compel appellant to* answer certain questions asked him by the Interstate Commerce Commission. It was based ... |
244.US.397 | The decision of the Supreme Court of Louisiana in State v. Tensas Delta Land Co., 126 Louisiana, 59, that the State had no interest or authority entitling it to intervene in a suit brought by the Tensas .Basin Levee Board for the recovery of lands which the Board had conveyed after receiving title from the State, is co... | By act of its general assembly in 1886, amended in 1888, the state of Louisiana created the Tensas Basin Levee District for the purpose of providing a system of levees and other works to aid in protecting the lands within its boundaries from floods and overflow. The act provided for the appointment of a levee board of ... |
244.US.25 | In an action on a sister state judgment a state court may inquire whether there was personal jurisdiction in the prior proceedings, notwithstanding the question was raised by the judgment defendant and affirmatively decided against him after full hearing both in the trial court which rendered the judgment and in the ap... | This is a suit in Illinois upon a judgment recovered in Tennessee against the Insurance Companies, plaintiffs in error. They pleaded and set up at the trial that there never was a valid service upon them in Tennessee and that the judgment was void. The defendant in error (the plaintiff) showed in reply, without dispute... |
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