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108.US.30 | 1. On the merits of the motion there is no essential difference between this case and the case of the St. Louis, Iron 3lountain and Southern R. R. Co. v. The Southern IExpress Company, just decided. Reference to the master to take and state an account between the parties as to the compensation during the litigation and... | This motion to dismiss is made because, as is alleged, (1) the decree appealed from is not a final decree; and (2) the transcript is not properly certified. 1. As to the decree. The case is in some particulars different from that of the St. Louis, I. M. & S. Ry. Co. v. Southern Express Co., just decided, but in our o... |
109.US.398 | 1. The legislative grant of a privilege to erect, establish and construct gas works, and make and vend gas in a municipality for a term of years, does not exempt the grantees from the imposition of a license tax for the use of the privilege conferred. 2. In order to,e stablish a legislative contract to exempt from taxa... | This is a writ of error to the supreme court of Tennessee. The question presented is whether the statute of the state under which the defendant assessed a license tax of $250 against plaintiff in error is void, because it violates the contract found in the charter of the company. This charter was enacted November 20, 1... |
108.US.282 | 1. Ottawa v. Cary, ante, 110, reaffirmed. 2. Unless power has been given by the legislature to a municipal corporation to grant pecuniary aid to railroad corporations, bonds issued for that purpose, and bearing evidence of the purpose on their face, are void, even in the hands of bonafide holders. 8. Corporate ratifica... | This was a suit brought to recover the amount of certain coupons cut from bonds issued by the city of Shreveport, Louisiana, which appear on their face to have been issued 'in aid of the Texas and Pacific Railroad Company.' In point of fact, the bonds were used to buy lands to be donated to the railroad company as a si... |
109.US.117 | The first claim of letters-patent No. 147,848, granted February 10th, 1874, to the Double-Pointed Tack Company, as assignee of Purches Miles, the inventor, for an "improvement in bail-ears," namely, "1. The Compound staple-fastening d, for bails, made with the diagonally cut penetrating points 2 and 3, loop 4, and body... | The gist of the invention set forth in the descriptive part of the specification, so far as the first claim is concerned, is to cut the two penetrating ends of the wire diagonally, and in such a way that, while the staple is being driven, the cut faces will both of them be on the lower side, and the two penetrating end... |
108.US.130 | .Hyde v. Ruble, 104 U. S. 407, that "a suit cannot be removed from a State court to the circuit court unless either all the parties on one side of the controversy are citizens of different States from those on the other side, or there is in such suit a separable controversy wholly between some of the parties, who are c... | The petition for removal was filed before answer, and we must look, therefore, to the bill alone to determine what the controversy is. From this it appears that Henry M. Loud claims that the defendants Wasey, Henry M. Loud, and Whiting hold certain real and personal property in trust to secure a debt owing by him and t... |
109.US.194 | A defendant, against whom a judgment has been rendered on default by a circuit court of the United States in an action at law, cannot maintain a bill in equity to avoid it, upon the ground that the plaintiff at law falsely and fraudulently alleged that the parties were citizens of different States, without showing that... | United States for the District of Louisiana.] v. [Appeal from the Circuit Court of the United November 12, 1883. These two cases have been argued together. Eliza A. Quitman, the defendant in error and appellee, having died since the judgment below, William S. Lovell, her executor, has appeared in her stead. In the acti... |
107.US.365 | 1. The fourth section of the act of the legislature of Illinois passed in 1819, touching a ferry across the Mississippi River from a place in Illinois to the city of St. Louis, Missouri, declares: "That the ferry established shall be subject to the same taxes as are now, or hereafter may be, imposed on other ferries wi... | The first contention of the plaintiff in error is that the fourth section of the act of 1819, which declared that the Wiggins ferry should be subject to the same taxes as were then or might thereafter be imposed on other ferries within the state, and under the same regulations and forfeitures, and the charter of the Wi... |
109.US.381 | 1. A railway company, in consideration of the undertakings of S. in a written agreement, agreed therein to send all live stock coming over its road to East St. Louis, to the stock yard of S. at that place, except such as should be specially ordered otherwise by shippers or owners, and to pay him therefor an agreed rate... | This action was brought by Struble, the defendant in error, to recover damages for an alleged breach of a written contract entered into between him and the Terre Haute & Indianapolis Railroad Company. A verdict and judgment were rendered in favor of plaintiff for the sum of $10,440. The defendant moved for a new trial ... |
106.US.679 | 1. When a party offers in evidence an instrument concerning real estate which has been acknowledged or proved so as to be admitted to record, and read in evidence, the burden of proof is on the party denying its execution. The fact that a person whose name is signed as a subscribing witness is alive and is not called t... | This is an appeal from a decree of the circuit court for the northern district of Illinois. The issues raised by the pleadings are so well stated in the opinion of the district judge, sitting in the circuit court on rendering the decree, that we cannot do better than to state them in his language: 'By the original bill... |
108.US.176 | A manufacturer of cigars, in his statement furnished in May, 1878, under § 8387 of the Revised Statutes, according to Form 36, set forth "the room adjoining the store in the rear, on the first floor" of certain premises, as the place where his manufacture was to be carried on. Circular No. 181, issued in March, 1878, b... | This is an information filed by the United States in the district court for the district of Maryland, against a quantity of domestic cigars, to obtain their condemnation as forfeited to the United States. The information alleges, as a cause of forfeiture, that the cigars were found in the possession of two persons by t... |
107.US.64 | By a special act, B. was allowed a pension of fifty dollars per month, which was paid to him until he claimed and received, under a subsequent general act, seventy-two dollars per month. Held, that he is not entitled to take under both acts. | The relator does not claim that there is anything due him under the pension laws prior to June 4, 1872. It appears from the answer of the secretary of the interior, and there is no evidence to the contrary, that since June 4, 1872, the relator has received every cent that is due him under the general pension laws. The ... |
109.US.408 | Claim 4 of reissued letters patent No. 1527, granted to John Richards, August 15th, 1863, for a "guide and support for scroll-saws," the original patent, No. 85,890, having been granted to him, May 25th, 1862, for an "improved guide and support for scroll-saws," namely, "4 An anti-friction guide which is adjustable so ... | This suit in equity of three several letters patent. The first is reissue No. 1,527, granted to John Richards, August 25, 1863, for a 'guide and support for scroll-saws,' the original patent, No. 35,390, having been patented to him, May 27, 1862, for an 'improved guide and support for scroll-saws.' The specification of... |
107.US.769 | 1. By issuing, pursuant to her "funding act" of March 30, 1871, her bonds with interest coupons thereto attached, the State of Virginia entered into a valid contract with every holder of the coupons, whereby she bound herself to receive them at and after their maturity for all taxes and demands due the State. So much o... | On the thirtieth of March, 1971, the general assembly of Virginia passed an act to provide for the funding and payment of the public debt, by which two-thirds of the amount due on old bonds might be funded in new bonds, with interest coupons attached, 'receivable at and after maturity for all taxes, debts, dues, and de... |
109.US.401 | 1. A provision in an act for the reorganization of an embarrassed corporation, which provides that all holders of its mortgage bonds who do not, within a given time named in the act, expressly dissent from the plan of reorganization, shall be deemed to have assented to it, and whiah provides for reasonable notice to al... | The Union Canal Company of Pennsylvania, a corporation of the state of Pennsylvania, issued, in 1853, a series of bonds for the payment of money, amounting in the aggregate to $2,500,000, with coupons for semi-annual interest attached. These bonds and coupons were secured by a mortgage to trustees on the property of th... |
109.US.385 | 1. A bridge erected over the East River, in the harbor of New York, in accordance with authority derived from Congress and from the legislature of Ne w York, is a lawful structure which cannot be abated as a public nuisance. So far as it obstructs navigation, it obstructs it under an authority which is empowered to per... | This suit was commenced in May, 1876, to restrain the erection of the suspension bridge then under construction over East river, in the state of New York, between the cities of New York and Brooklyn, at the height of 135 feet above the river at high-water mark, which was the proposed elevation of the structure. As the ... |
107.US.418 | I. The master of a vessel can neither sell nor hypothecate the cargo, except in case of urgent necessity; and he can only lawfully do what is directly or indirectly for its benefit, considering the situation in which it has been placed by the accidents of the voyage. 2. The necessity under which he acts is a question o... | This is a suit instituted by the Bank of St. Thomas, as the holder of a bottomry bond, against the British brigantine Julia Blake, her cargo and freight. The decree of the district court condemned the vessel and freight, but acquitted the cargo and its claimants. No appeal was taken on behalf of the vessel and freight,... |
109.US.672 | 1. In.1791, one Young, then ownbig a tract of land containing about 400 acres on the Potomac, conveyed the same in fee simple with all its ap'purtenances to two trustees (who were also trustees with similar trusts, for other owners of land), as a site for the City of Washington. The trust provided that the lands laid o... | These two cases were heard together in the court below and in this court. They involve the same questions and depend upon facts substantially the same, appearing in a single record. The claim of the appellants (who were plaintiffs below) is that, being owners and in possession, in the first case, of square No. 472, and... |
106.US.468 | 1. The South Georgia and Florida Railroad Company having power, by its charter, to construct a railroad from Albany to Thomasville, Georgia, and from Thomasville to the Florida line, and to purchase and sell all kinds of property of every nature and quality, and to incorporate its stock with that of any other company, ... | This case arises upon a bill filed by Morris K. Jesup, as surviving trustee, for the foreclosure of a deed of trust in the nature of a mortgage, bearing date of December 20, 1867, given by the Atlantic & Gulf Railroad Company of Georgia to said Jesup and one Gardner (since deceased) to secure the payment of certain bon... |
108.US.436 | 1. The B. H. & E. Railroad, a corporation created by the State of Cbnnecticut, purchased the franchises and railroad of the H. P. & F. Railroad, a corporation created under the laws of Rhode Island and Connecticut. The legislature of Rhode Island ratified the sale, and authorized the B. H. & E. Company to exercise the ... | The appellees, who were complainants below, filed their bill in equity, as assignees in bankruptcy of the Boston, Hartford & Erie Railroad Company, against Samuel Clark, general treasurer of the state of Rhode Island, and the city of Boston and Frederick U. Tracey, its treasurer. The bill alleged— That the Boston, Hart... |
107.US.581 | The Memphis and Charleston Railroad Company is made by the statutes of Alabama an Alabama corporation; and, although previously incorporated in Tennessee also, cannot remove into the Circuit Court of the United States a suit brought against it in Alabama by a citizen of Alabama. | This action was brought by the state of Alabama, for the use of Jackson county, in a court of that state, against a railroad corporation whose road passed through that state and county, to recover the amount of a county tax assessed upon its property. It was removed into the circuit court of the United States for the n... |
108.US.24 | 1. A decree is final, for the purposes of appeal, when it terminates the litigation between the parties on the merits, and leaves nothing to be done but enforce by execution what has been determined. 2. Matters relating to the administration of the cause, and accounts to be settled in accordance with the principles fix... | As we have had occasion to say at the present term, in Bostwick v. Brinkerhoff, 1 SUP. CT. REP. 15, and Grant v. Phoenix Ins. Co. Id. 414, a decree is final, for the purposes of an appeal to this court, when it terminates the litigation between the parties on the merits of the case, and leaves nothing to be done but to... |
108.US.514 | The Civil Code of Louisiana provided, in respect of tutors of minors, as follows: "The property of the tutor is tacitly mortgaged in favor of the minor from the day of his appointment as tutor, as security for his administration, and for the responsibility which results from it." The Constitution of Louisiana subsequen... | This is a writ of error to the supreme court of Louisiana. In a proceeding in the state court of Louisiana the plaintiff in error recovered a judgment against the defendant in error, as executrix of the succession of her husband, S. W. Vance, for the sum of about $75,000, due from him to plaintiff in error as her natur... |
108.US.352 | 1. A ship, towed by a steam tug down a river, came to anchor in the evening, and the tug was lashed to her side. In the night, no watch having been set, a passenger on board of her was awakened by a smell of smoke arising from a fire, which had broken out in part of the cargo stowed in the poop, and which endangered th... | This is a libel in admiralty by the owner, master, and crew of the steam tow-boat Joseph Cooper, Jr., for salvage on the ship Connemara and cargo. Louis Wurtz and Henry Holser, passengers on the tow-boat, and John Evers, a passenger on the ship, were permitted to file intervening libels. The value of the ship and cargo... |
107.US.445 | Section 3466 of the Revised Statutes, infra, p. 447, which, in certain cases therein mentioned, gives to the United, States priority of payment of debts due to it, does not apply to its demands against an insolvent national bank. | The Revised Statutes, in section 3466, provide that—— 'Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the Unit... |
107.US.378 | 1. An appeal bond in an ordinary foreclosure suit in a court of the United States does not operate as security for the amount of the original decree; nor for the interest accruing thereon pending the appeal; nor for the balance due after applying the proceeds of the mortgaged premises; nor for the rents and profits, or... | This is an action on an appeal bond given for supersedeas of execution on a decree of foreclosure rendered by the circuit court for the district of Nebraska, and appealed to this court and affirmed; and the question is as to the measure of damages to be recovered on said bond. The foreclosure suit was brought to raise ... |
107.US.549 | The General Assembly of Illinois enacted, March 27, 186D, a statute as follows: "The acts of the city council of the city of Quincy, from June 2, 1868, to August 28, 1868, in ordering alle lection on the proposition to subscribe $100,000 to the capital stock of the Mississippi and Missouri River Air Line Railroad Compa... | On the seventh day of August, 1868, the city council of Quincy, Illinois, in conformity with a vote of the people at an election held under the authority of a resolution adopted by that body on the ninth day of June previous,—passed an ordinance empowering and directing the mayor to subscribe $100,000, payable in city ... |
108.US.184 | 1. A statute which authorized a municipal corporation "to obtain money on loan on the faith and credit of said city for the purpose of contributing to works of internal improvement," is not repealed by implication by a subsequent statute which, reciting that doubts had arisen respecting bonds theretofore issued, enacte... | The Savannah, Albany & Gulf Railroad Company was a corporation of Georgia, authorized to construct and operate a railroad, the principal and beginning point of which was the city of Savannah. That city was, in fact, owner of more than one-half of its capital stock, which it had subscribed in pursuance of law to aid in ... |
106.US.613 | A suit, the parties thereto being citizens of the same State, was brought in a court thereof, for moneys alleged to be due to the complainant under a contract whereby certain letters-patent granted to him were transferred to the defendant. Held, that the suit, not involving the validity or the construction of the paten... | 'The dispute in this case does not arise under any act of congress, nor does the decision depend upon the construction of any law in relation to patents. It arises out of the contract stated in the bill, and there is no act of congress providing for or regulating contracts of this kind. The rig... |
108.US.543 | An act of the State of Illinois authorizing subscriptions by municipalities to the stock of a railroad company required the town clerks to transmit to county clerks transcripts of votes authorizing subscriptions, and the amount voted and the rate of interest to be paid, and after issue of bonds, certificates of the amo... | On the fifth of April, 1872, the town of Amboy, Lee county, Illinois, issued a series of bonds in payment of a subscription voted by the voters of the town to the capital stock of the Chicago & Rock River Railroad Company. Both the subscription and bonds were authorized by the charter of the railroad company, approved ... |
109.US.608 | 1. Records and judicial proceedings of each State affecting property or estate within it have in every other State the force and effect which they possess in the State of their origin : but as to similar property or estate situated in another State, they have no greater or other force than similar records or proceeding... | This was an action of ejectment for a parcel of land in the city of Washington, District of Columbia. On the trial the plaintiffs gave in evidence a conveyance of the premises from the United States to one Robert Moore, executed in June, 1800; and then endeavored to trace title from the grantee through a devise in his ... |
109.US.104 | 1 The court adheres to its former rulings in regard to the liability of municipal corporations to innocent holders of the bonds of such corporations, issued in aid of railroads. Douglas v. .Pike County, 101 U. S. 677. 2. The rights of such holders are to be determined by the law as it was judicially construed to be whe... | Nearly every point in this case has already been decided by this court in the cases of County of Callaway v. Foster, 93 U. S. 567; County of Scotland v. Thomas, 94 U. S. 682; County of Henry v. Nicolay, 95 U. S. 619; County of Schuyler v. Thomas, 98 U. S. 169; County of Cass v. Gillett, 100 U. S. 585; City of Louisiana... |
110.US.276 | A bill filed on the equity side of the court to restrain or regulate judgments or suits at law in the same court, and thereby prevent injustice or an inequitable advantage under mesne or final process, not being an original suit, but ancillary and dependent, supplementary merely to an original suit out of which it aros... | This appeal is prosecuted to review a decree dismissing the bill of the appellant for want of equity. The case made by the bill is as follows: According to the law of Indiana, the giving of the delivery bond did not divest the lien of the attachment upon the goods, which remained, in contemplation of law, in the posses... |
109.US.244 | The legislature of Florida, acting under the Constitution of the State, passed an improvement act, exempting from taxation the capital stock of railroad companies accepting its provisions. The Alabama and Florida Railroad Company was organized, and constructed a railroad within the State limits, and became entitled to ... | The exemption from taxation, created by the eighteenth section of the internal improvement act of 1855, is in every respect similar to that which was declared in Morgan v. Louisiana, 93 U. S. 217, to be not assignable. No words of assignability are used by the legislature of the state in the language creating it, and f... |
109.US.341 | If commissioners, authorized by statute to subscribe in the corporate name of a town for stock in a railroad company, and, upon obtaining the consent of a certain majority of taxpayers, to issue bonds of the town under the bands and seals of the commissioners, and to sell the bonds and invest the proceeds of the sale i... | 'Sec. 3. 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 township, but not for less than par; and the money that shall be raised... |
109.US.618 | 1. When a contract with the United States for building a wall provides that payment for the work contracted for shall not be made until an agent, to be designated by the United States, certifies that it is in all respects as contracted for, and after completion of work the designated agent refuses to give the certifica... | This judgment is affirmed on the authority of Kihlberg v. U. S. 97 U. S. 398. It was provided in the contract that payment for the wall was not to be made until some officer of the army, civil engineer, or other agent, to be designated by the United States, had certified, after inspection, 'that it was in all respects ... |
109.US.146 | The Revised Statutes fix the annual salary of an interpreter at four hundred dollms. In 1877 Congress appropriated in gross for such offices "at three hundred dollars per annum," and repeated the appropriation inlike form down to and including the appropriation act of March 3d, 1881. A served as such interpreter from J... | It is contended on behalf of the United States that, by the appropriation acts which cover the period for which the appellee claims compensation, congress expressed its purpose to suspend the operation of section 2070 of the Revised Statutes, and to reduce for that period the salaries of the appellee and other interpre... |
109.US.143 | When Congress appropriates a sum "in full compensation" of the salary of a public officer, the incumbent cannot recover an additional sum in the court of claims, notwithstanding a prior statute fixes the salary at a largeramount than the sum so appropriated. In such case the earlier act is suspended for the time covere... | The act of June 17, 1870, entitled 'An act to regulate the salaries of chief justices and associate justices in the territories,' (16 St. p. 152; Rev. St. § 1879,) provided as follows: 'The salaries of the chief justices and assocate justices of the territories of New Mexico, Washington, Wyoming, etc., shall be three t... |
107.US.640 | 1. Where, within four months before their expiration, letters-patent, covering a single claim for a combination of several elements, are reissued and extended, with the same description as before, but containing in addition to the original claim one for a combination of some of the elements only, the reissue is invalid... | This is a bill in equity for the infringement of letters patent for an improvement in means for cooling and drying meal, reissued to John Denchfield and duly assigned to the plaintiffs. The original letters patent to Denchfield were dated April 20, 1858. The reissued letters patent were dated January 16, 1872, and exte... |
108.US.162 | When a suit is brought in a State court, the laws of that State will control in interpreting the provision of a federal statute of limitations as to what is the commencement of suit. | This was a suit to recover back duties in imports paid under protest, commenced in the superior court of the city of New York, before the enactment of the Revised Statutes, and the only question presented by the writ of error is whether the suit was 'brought within 90 days after the decision of the secretary,' as requi... |
108.US.553 | The facts in this case showed no claim in the plaintiff against the county defendant. The claim, if any, was against the district in the county benefited by the levees which he claims to have constructed. It being conceded that an action at law for the enforcement of the claims set, up in this suit was barred when this... | The first question presented by this appeal is whether the drafts drawn by levee inspectors on the levee treasurer of the county of Phillips, under the authority of the act of February 16, 1859, 'to provide for making and repairing levees in Desha and Phillips counties,' and the renewal bonds or scrip issued by the cou... |
108.US.76 | 1. The history of article X1. of the amendment to the Constitution which provides that the judicial power of the federal courts shall not extend to suits against a State by a citizen of another State, or by citizens or subjects of a foreign State, and the causes which led to its adoption, reviewed. 2. Unless the State ... | Thereupon the state of New York, on the twenty-fifth of April, filed in this court a bill in equity against the state of Louisiana and the officers of the state composing the board of liquidation, with substantially the same averments and the same prayer as in that of the state of New Hampshire. There was, however, a s... |
106.US.578 | 1. Judgment was rendered by the Circuit Court for $1,660.76 against a town, on interest coupons detached from bonds which it had issued under a statute, the unconstitutionality of which it set up as a defence. The bonds were for a larger sum than 5,000. Held, that this court has no jurisdiction to re-examine the judgme... | This action was brought by the defendants in error, being citizens of Wisconsin, against the plaintiff in error, to recover the amount due upon certain coupons or interest warrants, detached from municipal bonds, alleged to have been issued by the town of Elgin in aid of a railroad company. The defense set up was that ... |
108.US.32 | 1. Suggestion of the death of a plaintiff in the record, and an order to make his devisees parties, is prima facie evidence of his death for the purposes of the trial. 2. The existence of a deed, and its destruction by fire being proven, it is competent for the party offering it to prove its contents by a witness who k... | This was an action of ejectment, originally brought by William B. Morris, in the circuit court of the United States for the northern district of Illinois, against Howard Stebbins, the plaintiff in error, for the recovery of a quarter section of land, originally situate in Madison county, Illinois, but, when the suit wa... |
109.US.232 | It is within the discretion of a circuit court of the United States, sitting in the State of Texas, if a plaintiff appears in open court and remits a part of the verdict in his favor, to make the proper reduction and enter judgment actordingly. If by such remission the judgment be reduced to $5,000 or less, errors in t... | In this case a verdict was rendered against the plaintiff in error for $6,610, and a judgment entered thereon December 9, 1879. In the verdict was included, for damages, $600; attorney's fees, $500; and interest, $510,—in all, $1,610. The next day, December 10, 1879, the defendants in error appeared in open court and '... |
109.US.275 | A creditor of A obtained judgment against him. He levied on capital stock in a corporation claimed by B under an assignment from A, and in the original suit summoned B as garnishee of A to answer. Pending these proceedings A died, and his administrator was substituted as defendant. B and the administrator were offered ... | The plaintiff in error having recovered a judgment for $9,056.12 against Alfred Patterson, in the circuit court of the United States for the western district of Pennsylvania, caused an execution attachment to be issued against the Fayette County Railroad Company and Samuel H. Jacobus, the defendant in error, attaching ... |
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... |
108.US.161 | This case involves no law.. On the facts the decree of the State court is. affirmed. | This was a suit in equity brought in a state court of Tennessee by Barton, as assignee in bankruptcy of Kessler & Harmon, to set aside a conveyance made by Kessler, one of the bankrupts, to Geiler, and the only question presented by the writ of error is whether, upon the testimony embodied in the record, and considered... |
109.US.504 | A, having acquired the right to occupy a tract of land in Salt Lake City, took possession of it and erected a public house thereon, and lived in it with his wife and B, his polygamous wife, carrying on a hotel there. He ceased to maintain relations with B, as his polygamous wife, but he being desirous to have the benef... | The facts found by the court leave no ground for the as against Townsend, had he continued the owner of the premises in controversy, she certainly has none against innocent bona fide incumbrancers and purchasers, without notice of her claim. The arrangement between Townsend and the appellant was a secret agreement know... |
107.US.629 | Where a cause has been finally disposed of here, by the dismissal of the writ of error, this court has no power, at a subsequent term, to alter its judgment to one of affirmance, although, if there had been a judgment of affirmance, interest during the pendency of the writ would have been allowed on the amount of the j... | These are all suits in each of which a judgment was rendered against a late collector of customs for the recovery of money paid as duties. There has been a certificate of probable cause in each. Writs of error to this court were brought by direction of the government in each case. When the cases were reached in order o... |
109.US.99 | 1. In his specification, A describes a process for placing hair'in small bundles and by a bailing press uniting several bundles into a bale of a convenient size for transportation: Held, That this description does not show a patentable invention. 2. The court will take judicial notice of matters of common knowledge, an... | We are of opinion that the patent of complainant does not describe a patentable invention. The claim is for an article of manufacture, to-wit, a bale of plasterers' hair consisting of several bundles inclosed in bags, and compressed and secured to form a package. It is evident that the patent does not cover any improve... |
108.US.281 | When an indorsement is made upon a distiller's bond, "We hereby accept the within survey and consider the same as binding upon us on and after this date," which is signed by theobligees in the bond, the parties thereby waive the delivery of a copy of the survey, and the difference between the capacity of the still and ... | This was an action on a distiller's bond, to recover the difference between tax assessed according to the producing capacity of the distillery and those calculated on the reports of production. The defense was that a copy of the official survey had not been served on the distillers. Section 3264 of the Revised Statutes... |
108.US.158 | 1. When in the settlement of a controversy one of the plaintiffs and one of the defendants, necessary parties for the determination of the issues, are citizens of the same State, the cause cannot be removed from the State court under the first clause of section 2, of the act of March 3d, 1875, ch. 137, 18 Stat. 470. 2.... | This is an appeal from an order remanding a suit removed from a state court of Nevada. The facts are these: Isaac J. Lewis, a citizen of Nevada, the appellee, on the fifteenth of January, 1881, began the suit against Harris Lewis, a citizen of California, for the dissolution of an alleged partnership bet... |
109.US.627 | The removal of a treasurer of a township in the State of Kansas from the limits of the township into the limits of an adjoining township, without resigning his office, does not vacate the office so as to invalidate service of summons upon him in his oficial capacity for the purpose of commencing an action against the t... | In this case the judges holding the circuit court have certified a difference of opinion between them upon the hearing of a motion to set aside the service of summons on the plaintiff in error, being the defendant below. The return of service is in these words: 'Received the within writ, September the 12th, 1882. I ser... |
108.US.342 | Where a vessel, before she breaks ground for a voyage, is so injured by fire that the cost of her repairs would exceed her value when repaired, and she is rendered unseaworthy and incapable of earning freight, a contract of affreightment for the carriage of cotton by her to a foreign port, evidenced by a bill of lading... | This is a libel in admiralty against the cargo of the ship Tornado, brought by the master and owners of that vessel, to recover freight money. The district court and, on appeal, the circuit court, dismissed the libel. The libelants have appealed to this court. The material facts found by the circuit court are these: On... |
108.US.305 | The libellant in a suit in rem, in admiralty, against a vessel, for damages growing out of a collision, claimed in his libel, to recover$27,000 damages. vor. cvm-20 After the attachment of the vessel in the district court, a stipulation in the sum of $2,100, as her appraised value, was given. The libel having been dism... | This is a suit in rem, in admiralty, to recover damages for a collision, brought in the district court, where the libel was dismissed. The decree was affirmed by the circuit court, on appeal, and the libelant has appealed to this court. The amount of damages claimed in the libel is $27,000. The collision occurred on th... |
107.US.265 | A rule was made by the Circuit Court of the United States for the Southern District of Florida, which, after reciting that it had come to tile knowledge of the court that W., an attorney of the court, did, on a day specified, engage in and with an unlawful, tumultuous, and riotous gathering, lie advising and encouragin... | "(Circuit Court of the United States, Southern District of Florida. March Term, 1882.) "Whereas, it has come to the knowledge of this court that one J. B. Wall, an attorney of this court, did, on the sixth day of this present month, engage in and with an unlawful, tumultuous, and riotous gathering, ... |
106.US.586 | Under the act of March 3, 1875, c. 137, the Circuit Court should dismiss a suit where the name of the complainant who has no real interest in the subjectmatter thereof, has been improperly and collusively used for the purpose of creating a case cognizable there. | This is a case which the circuit court should have dismissed under the fifth section of the act of March 3, 1875, concerning the jurisdiction of the circuit courts of the United States, instead of granting the relief prayed by complainant. It is charged in the bill that Hayden, the appellee, while acting as the attorne... |
108.US.566 | A writ of mandamus cannot be used to bring up for review a judgment of a circuit court on a plea to the jurisdiction. Where a circuit court on demurrer vacated and quashed a writ of replevin for want of jurisdiction, it was a final judgment, and it was, if the case was otherwise within the court's jurisdiction, subject... | This petition shows that the Baltimore & Ohio Railroad Company brought an action of replevin against John E. Hamilton, in the circuit court of the United States for the eastern district of Virginia, to recover the possession of certain railroad cars; that a summons for the defendant and a writ of replevin for the prope... |
107.US.361 | 1. The statute of Arkansas prescribing the manner in which property assigned for the benefit of creditors shall be sold is mandatory. 2. An assignment made in the State is void if it vests in the assignee a discretion in conflict with the provisions of that statute, and authorizes him in effect to sell such property in... | The statute of Arkansas provides that the property assigned for the benefit of creditors shall be sold at public auction within 120 days after the execution of the bond required of the assignee. The deed of assignment in effect authorized the assignee to sell at private sale, and at such time and in such manner as he s... |
108.US.522 | The relation between the railroad company and the District respecting the maintenance and repair of the streets in the District through which the railroad passes considered and settled. | This is an appeal from a decree of the supreme court of the District of Columbia dismissing the bill of appellant. The questions presented by the appeal arise out of the execution of the act of congress of July 17, 1876, 'authorizing the repavement of Pennsylvania avenue.' That act created a commission, consisting of t... |
106.US.672 | 1. The assignee of a chose in action cannot proceed in equity to enforce, for his own use, the legal right of his assignors, merely upon the ground that he cannot maintain an action at law in his own name. So held, where the owner of letters-patent assigned them, together with all claims for damages by reason of the pr... | This appeal brings into review the decree of the circuit court sustaining a general demurrer to the amended bill of the complainant, and dismissing the bill for want of equity. The case made by the amended bill and exhibits is this: Aaron H. Allen was the owner of reissued patent No. 1,126 granted to him upon... |
108.US.267 | The attempted transfer of a certificate of deposit on the donor's death-bed, reported in .Basketv . Hassell, 107 U. S. 602, cannot be enforced here as a will of personalty, oecause such will does not take effect under the statutes of Tennessee until probate. | It is now urged that the indorsement and delivery of the c nevertheless good as a will of personalty under the laws of Tennessee, and, passing the title as such, entitled the appellant to a decree for the payment of the money. But the conclusion is not justified by the assumption, for a will of personalty in Tennessee ... |
107.US.596 | An assignment of such claims as are mentioned in Union Trust Company v. Souther, ante, p. 591, passes the right of the original holder to payment out of the fund in the hands of the receiver. | The facts and questions certified in this case are in all material respects like those in the Union Trust Co. v. Souther, just decided, [ante, 295.] Without, therefore, answering the questions further than by reference to what has been said in that case, we affirm the decree. |
109.US.132 | 1. The rule that where words- are used- in an act imposing duties upon imports, which have acquired by commercial -use a meaning different from their ordinary meaning, the latter may be controlled by the former, Is not applicable when the language used in the statute is unequivocal. 2. The fact that at the date of the ... | This action was brought to recover money alleged to have been illegally exacted by the collector of customs at the port of New York, and paid under protest. There was a verdict and judgment in favor of the defendant below, to reverse which this writ of error is prosecuted. The importations were made in 1875 and consist... |
109.US.285 | 1. The right to demand reimbursement from a municipal corporation for damages caused by a mob, is not founded on contract. It is a statutory right., and may be given or taken away at pleasure. 2. The fact that a statutory right to demand reimbursement from a municipal corporation for damages caused by a mob has been co... | The relators are the holders of two judgments against the city of New Orleans,—one for $26,850, the other for $2,000. Both were recovered in the courts of Louisiana,—the first in June, 1877, by the relators; the second in June, 1874, by parties who assigned it to them. Both judgments were for damages done to the proper... |
108.US.526 | An amendment was made to the charter of a railroad company in Illinois providing that "the said company shall have power to make, ordain and establish all such by-laws, rules and regulations as may be deemed expedient and necessary to fulfil the purposes and carry into effect the provisions of this act, and for the wel... | In the view we take of this case the only question that need by considered is whether the charter of the Central Military Tract Railroad Company, one of the Illinois corporations which, through agreements of consolidation, are now represented by the Chicago, Burlington & Quincy Railroad Company, purports on its face to... |
108.US.552 | Except in cases affecting ambassadors, other public ministers, or consuls, or those in which a State is a party, the supreme court can only issue a writ of habeas corpus under its appellate jurisdiction. | This is an application for a writ of habeas corpus for the purpose of an inquiry into the legality of the detention of the petitioner, Hung Hang, a subject of the emperor of China, by the chief of police, under a warrant for his arrest, issued by the police judge of the city and county of San Francisco, California, for... |
108.US.336 | 5892 Rev. Stat. enacts that "every person who, having taken an oath before a competent . . . person in any case in which a law of the United States authorizes an oath to be administered . . that any written . . . declaration, .. . or certificate by him subscribed is true, wilfully and contrary to such oath states or su... | ase comes before us on a certificate of division of opinion between the judges holding the circuit court for the southern district of Ohio. The defendant, who was clerk of the circuit and district courts for that district, was indicted for perjury in swearing before the district judge to his emolument returns and an ac... |
109.US.468 | 1. A marshal of th6 United States, who, under a provisional warrant in bankruptcy, has, after receiving a bond of indemnity under General ,Order No. 18, in bankruptcy seized goods as the property of the debtor, and been sued for damages for such seizure, in an action of trespass; i a State court, by a third person, who... | This suit divides itself into two branches—the case of the assignee; and that of the marshal and his deputies. The assignee was not a party to the trespass suit. The plaintiffs in that suit, abandoning all pursuit of the goods and all action against the assignee, brought and continued their suit for damages against the... |
107.US.586 | Where the object of a suit in chancery is the recovery of the damages which the complainant alleges that he has sustained by reason of an unlawful and fraudulent conspiracy to cheat him out of his interest in an original invention, which is the subject-matter of the controversy, the bill should be dismissed, as his rem... | This is a suit in equity, and the case made by the bill may be stated as follows: Ambler, the appellant, and one R. M. Whipple, invented an improved mode of manufacturing gas from petroleum, for which they were about to apply for patents, and being desirous of securing each to the other one undivided hal... |
109.US.90 | After many conversations, and after a draft agreement had been made, A, in 1870, in writing, granted to B a license to make, use, and sell, and vend to others to sell, an invention in defined districts. In 1873 B discovered that the agreement gave him no exclusive rights, which it was the purpose of both parties to hav... | This appeal is from a decree dismissing the complainant's bill, and the record discloses the following as the facts material to the determination of the controversy: The appellees, in 1870, being British subjects, were owners of letters patent of the United States bearing date January 4, 1870, granted to one ... |
107.US.110 | 1. Where the Circuit Court quashes an indictment, found against the prisoner in a State court, wherefrom the cause was on his petition removed, it has no jurisdiction to proceed against him for the crime against the State wherewith he was charged. 2. Where the highest court of the State had declared to be unconstitutio... | This court shares the regret expressed by counsel that the record is in some respects so meager, and in other respects so confused, that it is impossible to ascertain what facts were before the inferior state court when it passed certain orders that are commented upon in argument. Some of those orders refer to affidavi... |
106.US.399 | 1. A board of commissioners, one from each of five counties, having been incorporated by a State statute to construct and maintain levees, with authority to make contracts for the doing of the work, and having made such a contract, and been sued in equity thereon, in the district in which the domicile of the board was ... | This is an appeal by 'William L. Hemingway, treasurer of the state of Mississippi, and Sylvester Gwinn, auditor of said state, and ex officio the levee board of Mississippi, district No. 1,' from a final decree of the district court of the United States for the northern district of Mississippi upon a bill in equity for... |
107.US.407 | A party who, under sect. 4 of the act of Aug. 5, 1861, c. 45, is entitled to the drawback there mentioned may, when payment thereof has been refused, maintain a suit therefor in the Court of Claims against the United States. | The fourth section of the act to provide increased revenue from imports to pay interest on the public debt, and for other purposes, approved August 5, 1861, reads as follows: 'That from and after the passage of this act there shall be allowed, on all articles wholly manufactured of materials imported, on whic... |
108.US.153 | 1. A final decree in a collision suit in admiralty where the res has been surrendered, on a stipulation under the provisions of § 941, Rev. Stat., may be entered against both principal and sureties at the time of its rendition. 2. If a decree in admiralty is entered against claimant and sureties, and claimant appeal, a... | ase show that they entered into a stipulation in the sum of $70,000 on behalf of Samuel Jackson, master and claimant of the steam-ship Belgenland, in a suit for collision in the district court of the United States for the eastern district of Pennsylvania, conditioned in the following words: It is not stated in the peti... |
106.US.537 | A stockholder of a corporation, in order to protect its rights and property against the threatened action of a third party, filed his bill against the latter and the corporation, alleging, inter alia,t hat the directors, although thereunto requested, had neglected and refused to institute proceedings. Held, that he mus... | In December, 1871, the Mutual Gas-light Company, of Detroit, was created a corporation under a general law of Michigan, for the purpose of manufacturing, selling, and furnishing gas for consumption in Detroit. The proposed corporators had previously made application to the common council to authorize the corporation, w... |
108.US.561 | A suit cannot be removed from a State court, under the act of 1875, unless the requisite citizenship of the parties exists both when the suit was begun and when the petition for removal was filed. | In this case the court below decided that under the act of March 3, 1875, c. 137, there could not be a removal to the circuit court of the United States of a suit in a state court between parties who were citizens of different states when the suit was begun, if, when the petition for removal was filed, the parties were... |
108.US.498 | A and B formed a partnership with a capital of $10,000, in which each was to contribute one-half the capital. A furnished B's moiety temporarily, and when after some time B failed to comply with his agreement, A, in May, 1869, applied for a policy on B's life for $5,000. One of the brothers of B had committed suicide. ... | This was an action by Leopold Luchs on a policy of insurance upon the life of Levi Dillenberg, issued by the Connecticut Life Insurance Company in June, 1869. Luchs and Dillenberg were partners at the time in the business of buying and selling tobacco in the city of Washington. Their partnership was formed in October, ... |
107.US.602 | 1. A certificate of deposit in these terms: " EVANSVILLE NATIONAL BAMi, " EVANSVILLE, IND., Sept. 8, 1875. "H. M. Chaney has deposited in this bank twenty-three thousand five hundred and fourteen 1. dollars, payable in current funds, to the order of himself, on surrender of this certificate properly indorsed, with inte... | It is claimed on behalf of the appellant that this constitutes a valid donatio mortis causa, which entitles him to the fund; and whether it be so, is the sole question for our determination. The general doctrine of the common law as to gifts of this character is fully recognized by the supreme court of Tennessee as par... |
107.US.568 | 1. Negotiable coupon-bonds were, without authority of law, issued in October, 1872, by a city in Nebraska, for the purpose of raising money wherewith to construct a high-school building within her limits. They were sold, and the proceeds applied accordingly. The legislature, by an act approved Feb. 18, 1873, infra, p. ... | We cannot accept the conclusion, urged upon us by the counsel for the plaintiff in error, that the city of Plattsmouth had authority to issue the bonds in question, under the power conferred upon it as a municipal body, 'to borrow money for any purpose within its discretion,' without reference to the limit as to the am... |
106.US.663 | 1. Where the amount involved is sufficient, the citizen of a State other than Michigan, who holds bonds of a municipal corporation in Michigan, may, in the proper Circuit Court of the United States, maintain an action against it on them, or on the coupons thereto attached, although each is payable to a citizen of the S... | The assignments of error in this case present the following questions: (1) Whether an action at law can be maintained in the circuit court of the United States against a municipal corporation of Michigan upon municipal bonds or the coupons for interest attached thereto; (2) whether the ... |
107.US.649 | 1. It is the duty of the court to dismiss a suit brought to restrain the infringement of letters-patent, where the device or contrivance for which they were granted is not patentable, although such defence be not set up. 2. The invention described in reissued letters-patent No. 4240, granted to John B. Slawson, Jan. 24... | The appellant insists that the dismissal of a bill because the inventions described in the patents were not patentable, when no such defense was set up in the answer, is of doubtful propriety, and is a practice unfair to the complainants. The practice was sanctioned by this court in the case of Dunbar v. Myers, 94 U. S... |
108.US.312 | larble statues, executed by professional sculptors in the studio and under the direction of another professional sculptor, whether from models just made by a professional sculptor, or from antique models whose author is unknown, are "professional productions of a statuary or of a sculptor," liable to a duty of only ten... | This is an action of assumpsit to recover back an excess of duties paid upon seven marble statues imported from Italy. The importers contend that these statues were liable to pay a duty of only 10 per centum ad valorem; but the collector exacted payment of 50 per centum ad valorem. The decision of the case turns upon t... |
108.US.256 | When a debt due to a deceased person is voluntarily paid by the debtor at his own domicil in a State in which no administration has been taken out, and in which no creditors or next of kin reside, to an administrator appointed in another State, and the sum paid is inventoried and accounted for by him in that State, the... | This is an action of assumpsit on the common counts, brought in the circuit court of the United States for the western district of Tennessee. The plaintiff is a citizen of Virginia, and sues as administrator, appointed in Tennessee, of the estate of Thomas N. Quarles. The defendant is a citizen of Tennessee, and surviv... |
109.US.235 | On the question of the fact as to whether the proceeds of certain cotton had been recovered and received from the United States as part of the proceeds of cotton recovered for in the court of claims, this court reversed the decree of the circuit court. | The appellee, who was the plaintiff below, seeks to recover from the executor of Gazaway B. Lamar a sum of money, on the allegation that the testator received that money from the United States as the proceeds of 136 bales of upland cotton which belonged to the assignor of the plaintiff. Lamar recovered in the court of ... |
107.US.691 | 1. The city of Parkersburg built within its limits a wharf on the bank of the Ohio River, and prescribed by ordinance certain rates of wharfage on vessels "that may discharge or receive freight, or land on or anchor at or in front of any public landing or wharf belonging to the city, for the purpose of discharging or r... | This is an appeal from a decree dismissing a bill in chancery on demurrer. The complainant below, who is appellant here, according to the statements of the bill, is a corporation of West Virginia, organized for the purpose of carrying on a transportation business on the Ohio river, together with a general wharf and com... |
108.US.477 | The question considered as to when the opinion of the highest court of a State may be examined for the purpose of ascertaining whether the judgment involves the denial of any asserted right under the Constitution, laws, or treaties of the United States. In view of the statutory requirement that the justices of the Supr... | The first point to be considered relates to the jurisdiction of this court. In behalf of the defendant in error it is insisted that it does not appear from the record that the decision of the supreme court of Illinois was adverse to any asserted right under the constitution, laws, or treaties of the United States, nor ... |
109.US.278 | 1. A fire insurance policy contained this clause : "This insdrance may be terminated at any time at the request of the assured, in which case the company shall retain only the customary short rates for the time the policy has been in force. The insurance may also be terminated at any time at the option of the company, ... | The charge, in connection with the opinion delivered by the learned judge who presided at the trial, indicates that, in his judgment, the words in the eighth clause—'It is a part of this contract that any person, other than the assured, who may have procured the insurance to be taken by this company, shall be deemed to... |
109.US.421 | 1. An action against a marshal of the United States for seizing a stock of goods more than $5i00 in value, under authority of a writ from a district court of the United States in proceedings in bankruptcy, the suit being on his official bond, and the suretieg therein being joined as codefendants, is a suit of a civil n... | The action of the circuit court in the removal of the cause from the state court is assigned for error, and is first to be considered. The suit was pending in the state court, but was not at issue, when the removal act of March 3, 1875, took effect, and the right of removal is regulated by its provisions. The ground of... |
110.US.81 | 1. It appearing on examination of the record after argument that the jurisdiction of the court over the cause is in doubt, the court of its own motion took notice of the question and ordered it argued. 2. § 1, ch. 137, act of March 3d, 1875, 18 Stat. 470, confers upon Circuit Courts of the United States original jurisd... | These actions were tried in the court below at the same time, before the same jury, and, by stipulation of parties, were heard in this court upon one record, the issues and questions in them respectively being the same. They were originally commenced in the district court of the state of Minnesota for the county of Ram... |
108.US.567 | No judgment or decree of a State court can be reviewed in this court unless the writ of error is filed in the court which rendered the judgment within two years from the entry of the judgment. | The final decree in this case was rendered on the thirteenth of July, 1878, and while the writ of error was allowed by the chief justice of the supreme court of Louisiana, and a bond approved and citation signed on the fifth of July, 1880, the writ of error was not actually issued until the fourteenth, and the copy was... |
108.US.228 | 1. A railroad company whose railroad was in the military possession of the United States during the civil war, and whose rolling stock was in the possession of the company within the confederate lines, and which earned or distributed dividends during the war by the use of its rolling stock, which dividends were paid in... | over taxes upon dividends and interest paid by the Memphis & Charleston Railroad Company between the first day of July, 1862, and the first day of December, 1865. The items which go to make up the amount of the judgment brought here for review are thus stated in the verdict of the jury. '(1) On dividend declared March ... |
107.US.529 | 1. The act of the General Assembly of Illinois approved Feb. 24, 1869, amendatory of an act entitled "An Act to incorporate the Illinois Southeastern Railway Company," approved Feb. 25, 1867, removed the limitation of 30,000 imposed upon the amount which, by the latter act, "any town in any county under township organi... | The people of the township of Pana voted almost unanimously for the donation to pay which the bonds in this case were issued. There is no pretense of any fraud in their issue. It is not disputed that the railroad company complied on its part with all the conditions upon which the bonds were to be issued to it, or that ... |
109.US.174 | 1. The District Court of the U. S. for the Eastern District of Pennsylvania has jurisdiction over the claim of a pilot appointed under the laws of Delaware for fees when the vessel is seized within the jurisdiction of the court, and properly brought before it. 2. Where the evident purpose of an application for a writ o... | We are unable to distinguish this case in principle from Ex parte Hagar, 104 U. S. 520, where it was held, on the authority of Ex parte Gordon, Id. 515, that as the admiralty court had jurisdiction of the vessel sued, and the subject-matter of the suit, it could not be restrained by a writ of prohibition from deciding ... |
107.US.102 | 1. In the absence of a special contract, a railroad company, by receiving cattle for transportation over its own line and other lines therewith connected, is only bound to carry the cattle over its own line, and deliver them safely to the next connecting carrier. 2. A contract whereby the liability of the company is so... | The principal question presented by the instruction requested by the defendant has been elaborately considered and adjudged by this court. It is only necessary, therefore, to state the conclusion reached. A railroad company is a carrier of goods for the public, and as such is bound to carry safely whatever goods are in... |
107.US.69 | 1. When persons summoned as garnishees in a libel in admiralty in personam are adjudged by the court to have a fund of the principal defendant in their hands and to pay it into court, and the libellant afterwards obtains a final decree against him with an .award of execution against the fund in their hands, the first o... | This is a libel in admiralty, filed in the district court for the southern district of New York by John N. Cushing and others against John Laird, Jr., to recover damages for the destruction of the libelants' vessel, the Sonora, by the Alabama. The defendant was not found and never appeared in the cause, and his credits... |
106.US.589 | 1. Thompson v. Perrine, 103 U. S. 806, cited and[ reaffirmed. 2. Overdue coupons detached from a municipal bond which has not matured are negotiable by the law merchant. 8. Where coupons are payable to bearer, the right of the holder thereof to sue thereon in a court of the United States does not depend upon the citize... | In Thompson v. Perrine, 103 U. S. 806, we affirmed a judgment of the circuit court of the United States for the southern district of New York, against the town of Thompson, in that state for the amount of certain coupons of bonds, executed in behalf of that town, by virtue of the provisions of an act passed May 4, 1868... |
108.US.208 | Under an act of the legislature of Missouri, county courts of counties were authorized to subscribe, in behalf of townships in their respective counties, to the capital stock of any railroad company within that State "building or promising to build a railroad into, through, or near such township, and to issue bonds in ... | This is an action upon sundry coupons of bonds issued in November, 1868, and March, 1869, by the county court of Lafayette county, Missouri, in the name of that county, and in payment of a subscription by it made, in behalf of Lexington township, in that county, to the capital stock of the St. Louis & St. Joseph Railro... |
108.US.462 | The facts in this case show a public use of the alleged invention for more than four years prior to the date of the patent. | This was a suit brought by the appellants, John J. Manning and Caleb J. Norwood, to restrain the infringement by the appellees of letters patent dated January 7, 1873, issued to the appellants and W. N. Manning, as assignees of the inventor, James Manning. By the subsequent assignment of W. N. Manning the appellants be... |
107.US.221 | 1. A. was convicted of murder in the first degree, and the judgment of condemnation was affirmed by the Supreme Court of Missouri. A previous sentence pronounced on his plea of guilty of murder in the second degree, and subjecting him to an imprisonment for twenty-five years, had, on his appeal, been reversed and set a... | This is a writ of error to the supreme court of Missouri. The plaintiff in error was indicted in the criminal court of St. Louis for murder in the first degree, charged to have been committed January 4, 1875, to which he pleaded not guilty. He has been tried four times before a jury, and sentenced once on plea of guilt... |
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