18 U.S. 134 (_) 5 Wheat. 134 WALLACE v. ANDERSON. Supreme Court of United States. March 6th, 1820. The cause was argued by Hardin, for the plaintiff, and by the Attorney-General and Scott, for the defendant. *292] *March 8th. MARSHALL, Ch. J., delivered the opinion of the court, that a writ of quo warranto could not be maintained except at the instance of the government, and as this writ was issued by a private individual, without the authority of the government, it could not be sustained,...
18 U.S. 35 (_) 5 Wheat. 35 UNITED STATES v. WILTBERGER. Supreme Court of United States. February 14th. C.J. Ingersoll, for the United States. *42 *43 February 18th, 1820. MARSHALL, Ch. J., delivered the opinion of the court. The indictment in this case is founded on the 12th section of the act, entitled, "an act for the punishment of certain crimes against the United States." That section is in these words: "and be it enacted, that if any seaman, or other person, shall commit manslaughter, on...
18 U.S. 71 (_) 5 Wheat. 71 UNITED STATES v. SMITH. Supreme Court of United States. *72 February 21st. The Attorney-General, for the United States. *73 February 25th, 1820. STORY, Justice, delivered the opinion of the court. The act of congress upon which this indictment is founded provides, "that if any person or persons whatsoever, shall, upon the high seas, commit the crime of piracy, as defined by the law of nations, and such offender or offenders shall be brought into, or found in, the...
18 U.S. 198 (_) 5 Wheat. 198 UNITED STATES v. LANCASTER. Supreme Court of United States. March 10th, 1820. The cause was argued by C.J. Ingersoll, for the plaintiffs, and by Sergeant, for the defendant. *199 March 17th. MARSHALL, Ch. J., delivered the opinion of the court, that it had no jurisdiction of the cause, as the district judge could not sit in the circuit court, on a writ of error from his own decision, and consequently, there could be no division of opinion to be certified to this...
18 U.S. 144 5 L. Ed. 55 5 Wheat. 144 The UNITED STATES v. KLINTOCK. February 20, 1820 THIS was an indictment in the Circuit Court of Virginia, against Ralph Klintock, a citizen of the United States, charging him with a piracy committed on the high seas, in April, 1818, on a vessel called the Norberg, belonging to persons to the jurors unknown. He was found guilty generally. The facts stated were, that the prisoner is a citizen of the United States; that the vessel in which he sailed as first...
18 U.S. 189 (1820) 5 Wheat. 189 UNITED STATES v. HOLMES et al. Supreme Court of United States. March 15, 1820. *190 February 14th. This case was argued by the Attorney-General, for the United States, and by Webster, for the prisoners. March 15th. 1820. WASHINGTON, Justice, delivered the opinion of the court. This case comes before the court upon a division of opinion of the judges of the circuit court for the district of Massachusetts. The defendants *416] are indicted for murder committed on...
18 U.S. 184 5 L. Ed. 64 5 Wheat. 184 The UNITED STATES v. FURLONG, alias HOBSON. The UNITED STATES v. The SAME. The UNITED STATES v. The SAME. The UNITED STATES v. The SAME. The UNITED STATES v. GRIFFEN and BRAILSFORD. The UNITED STATES v. BOWERS and MATHEWS. THE UNITED STATES v. The SAME. March 1, 1820 THESE were several indictments in the Circuit Court of Georgia and South Carolina. The following are the cases as stated for the decision of this Court: The UNITED STATES v. JOHN FURLONG, alias...
18 U.S. 86 (_) 5 Wheat. 86 UNITED STATES v. FURLONG, alias HOBSON. SAME v. SAME. SAME v. SAME. SAME v. SAME. SAME v. GRIFFEN and BRAILSFORD. SAME v. BOWERS and MATHEWS. SAME v. SAME. Supreme Court of United States. *89 February 21st. These causes were argued by the Attorney-General, for the United States, and by Webster and Winder for the prisoners. [(a)] March 1st, 1820. JOHNSTON, Justice, delivered the opinion of the court. A variety of questions have been referred to this court in these...
18 U.S. 127 5 L. Ed. 50 5 Wheat. 127 The VENUS, JADEMEROWSKY, Claimant. February 21, 1820 APPEAL from the Circuit Court of Georgia. This cause was continued for farther proof at February term, 1816. ( Vide ante , vol. I. p. 112.) Owing to various accidents, the farther proof was not received until the last term, and the case was now argued upon the farther proof then produced and filed. It consisted of invoices of the cargo; bills of lading; accounts of sale; accounts of disbursements; the...
18 U.S. 132 5 L. Ed. 52 5 Wheat. 132 The LONDON PACKET.— Merino , Claimant. February 20, 1820 THIS was the claim of a Spanish subject, to a parcel of hides laden on board of the London Packet, a British ship, at the port of Buenos Ayres, in South America, in the month of June, 1813. The London Packet, on her voyage to London, was captured by the private armed brig the Argus, and carried into Boston for adjudication. On being libelled in the District Court as prize of war, the consul of his...
18 U.S. 156 (_) 5 Wheat. 156 The JOSEFA SEGUNDA: CARRICABURA et al., Claimants. Supreme Court of United States. *158 March 9th. C.J. Ingersoll, for the appellants and claimants. *162 March 14th, 1820. LIVINGSTON, Justice, delivered the opinion of the court, and after stating the facts, proceeded as follows: The third count *352] of the libel is the only one *that has any bearing on the present case. It alleges a violation of the 7th section of an act of congress, prohibiting the importation of...
18 U.S. 433 5 L. Ed. 127 5 Wheat. 433 The ATALANTA.— Faussat , Claimant. February Term, 1820 1 This cause was continued at February term, 1818, a for farther proof, but the farther proof received at the last term being unsatisfactory, it was again continued, on account of some peculiar circumstances in the case, to the present term, when no farther proof being produced, condemnation was pronounced. 2 Decree reversed. a Vide Ante, Vol. III. p. 409.
18 U.S. 207 5 L. Ed. 70 5 Wheat. 207 STEVENSON'S Heirs v. SULLIVANT. March 4, 1820 1 APPEAL from the Circuit Court of Ohio. This was a suit in Chancery, and the case upon the facts admitted by the parties, was as follows: Previous to the year 1775, Hugh Stephenson, of Virginia, lived and cohabited with Ann Whaley, and had by her the appellants in this cause, whom he recognized as his children. In July, 1775, he made his will, in which he described the appellants as the children of himself, and...
18 U.S. 293 5 L. Ed. 92 5 Wheat. 293 POLK'S LESSEE v. WENDELL et al. March 9, 1820 ERROR to the Circuit Court of West Tennessee. This was an action of ejectment, for five thousand acres of land, in the State of Tennessee, granted by the Governor of North Carolina, to Polk, the lessor of the plaintiff, on the 6th of May, 1800, on a warrant from John Armstrong's office, dated May 25th, 1784. The defendants, who were proved to be in possession of part of this tract, claimed title under a grant...
18 U.S. 124 (_) 5 Wheat. 124 PERKINS et al. v. RAMSEY et al. Supreme Court of United States. February 17th, 1820. This cause was argued by B. Hardin, for the appellants, and by Trimble, for the respondents. *270] *March 6th. TODD, Justice, delivered the opinion of the court. This is an appeal from the decree of the seventh circuit court, in the district of Kentucky, and is a controversy between conflicting claims to land originating under the land-law of Virginia. The respondents relying on...
18 U.S. 192 (_) 5 Wheat. 192 OWINGS v. SPEED et al. Supreme Court of United States. March 13th, 1820. This cause was argued by B. Hardin, for the defendants; no counsel appearing for the plaintiff. *193 March 16th. MARSHALL, Ch. J., delivered the opinion of the court. This was an ejectment, brought by the plaintiff in the circuit court of the United States for the district of Kentucky, to recover a lot of ground lying in Bardstown. *This town was laid off in 1780, on a tract of land, consisting...
18 U.S. 150 (_) 5 Wheat. 150 MECHANICS' BANK OF ALEXANDRIA v. BANK OF COLUMBIA. Supreme Court of United States. *152 March 8th. Swann and Lee, for the plaintiffs in error. *154 March 13th, 1820. JOHNSON, Justice, delivered the opinion of the court. The merits of this case lie within a very limited compass. The *335] question is, whether a certain *act, done by the cashier of a bank, was done in his official or individual capacity Had the draft, signed by Paton, borne no marks of an official...
18 U.S. 54 (_) 5 Wheat. 54 McCLUNG v. ROSS. Supreme Court of United States. February 10th, 1820. This cause was argued by Williams, for the plaintiff in error, [(a)] and by the Attorney-General and F. Jones, for the defendant. [(b)] *117] *February 14th. MARSHALL, Ch. J., delivered the opinion of the court. This is an action of ejectment, brought by the lessee of David Ross against Charles McClung, for 5000 acres of land, lying in the district of East Tennessee. At the trial of the cause, the...
18 U.S. 313 5 L. Ed. 97 5 Wheat. 313 MARSHALL v. P. R. BEVERLEY. March 9, 1820 APPEAL from the Circuit Court of Virginia. Carter Beverley, being indebted to the appellant, Horace Marshall, assigned to him several bills of exchange, amounting, in the aggregate, to 900 l. sterling, which had been drawn by the respondent, Peter R. Beverley, on Bird Beverley, of London, in favour of the said Carter Beverley. These bills were severally transferred, for valuable consideration, by the appellant, to...
18 U.S. 128 (_) 5 Wheat. 128 MANDEVILLE v. WELCH. Supreme Court of United States. *129 *March 2d. Swann and Taylor, for the plaintiffs in error. *131 March 7th, 1820. STORY, Justice, delivered the opinion of the court. Two questions arise upon the instruction to the jury: 1. Whether the bills were primâ facie evidence that value had been paid for them by Prior to Welch 2. Whether, under all the circumstances of the case, Prior was an assignee in equity, entitled to maintain the present action...
