79 U.S. 379 (_) 12 Wall. 379 KNOX v. EXCHANGE BANK. Supreme Court of United States. *380 Mr. Claughton, for the defendant in error. *382 Mr. Justice MILLER delivered the opinion of the court. In the case of Herndon v. Howard, it was decided that the proper course when a party to a writ of error had been declared bankrupt and an assignee duly appointed, was for the assignee in bankruptcy to make application to reinstate it and to be substituted for the bankrupt as plaintiff in error. The...
80 U.S. 6 20 L. Ed. 476 13 Wall. 6 YEAGER v. FARWELL. December Term, 1871 ERROR to the Circuit Court for the District of Missouri, the case being thus: Yeager & Co., shippers of flour, in St. Louis, and intimately associated with one Kerckhoff, a miller of that place, who was then building a mill, and needing $15,000 to complete it, wrote to Farwell & Co., flour commission merchants and capitalists, of Boston, intimate correspondents of their own, telling them what Kerckhoff was doing; that he...
77 U.S. 497 (1870) 10 Wall. 497 YATES v. MILWAUKEE. Supreme Court of United States. *501 Mr. Carpenter, for the appellant. Mr. Ryan, contra. *503 Mr. Justice MILLER delivered the opinion of the court. The defendants, in support of their right to remove the wharf, seem to rely 1st, upon the want of title in the plaintiff to the locus in quo; and 2d, upon the absolute power of the city of Milwaukee, as the repository of the public authority on the subject of wharves, piers, and other matters...
79 U.S. 201 (_) 12 Wall. 201 WESTERN MASSACHUSETTS INSURANCE COMPANY v. TRANSPORTATION COMPANY. Supreme Court of United States. *203 Mr. Justice STRONG delivered the opinion of the court. As the issues of fact in this case were submitted to a jury, it is to be considered whether they were submitted with proper instructions. It is complained that the Circuit Court instructed the jury that the way to determine the question whether the insurers were liable was to consider and determine whether the...
80 U.S. 14 20 L. Ed. 478 13 Wall. 14 WEBB, TRUSTEE, v. SHARP, MARSHAL. December Term, 1871 ERROR to the Supreme Court of the District of Columbia; the case being this: By the act of Congress, passed February 22d, 1867, 1 the right of distress for rent in the District of Columbia was abolished, and instead thereof, it was enacted, 'that the landlord shall have a tacit lien upon such of the tenant's personal chattels upon the premises as are subject to execution for debt , to commence with the...
77 U.S. 593 19 L. Ed. 1033 10 Wall. 593 WARD v. UNITED STATES. December Term, 1870 APPEAL from the Court of Claims; the case being thus: The Continental Congress, on the 3d day of October, 1776, being in want of five millions of dollars to prosecute the war, resolved to borrow it on what were called loan-office certificates, and to establish a loan office in each State for the convenience of the lenders of money. The resolution directed the appointment by the authority of the State of a...
79 U.S. 418 (_) 12 Wall. 418 WARD v. MARYLAND. Supreme Court of United States. *421 Mr. W.M. Evarts, for the plaintiff in error. Mr. I.D. Jones, Attorney-General of the State of Maryland, contra. *423 Mr. Justice CLIFFORD delivered the opinion of the court. Power to re-examine final judgments of the State courts rendered in criminal prosecutions, as well as those rendered in civil suits, is conferred upon the Supreme Court when it appears that the judgment was rendered in the highest court of...
79 U.S. 163 (_) 12 Wall. 163 WARD v. STATE OF MARYLAND. Supreme Court of United States. *164 Mr. Justice CLIFFORD delivered the opinion of the court. Motion to advance the cause filed by the plaintiff in error. Indictment. The parties agreed that the defendant on the day and at the place named in the indictment did sell the articles of merchandise therein named without obtaining a license, as required by the laws of the State. Plea not guilty. Issue tried by court. Finding for the State. He...
79 U.S. 440 (_) 12 Wall. 440 WALKER v. DREVILLE. Supreme Court of United States. *442 Mr. T.J. Durant, for the plaintiff in error; Mr. Miles Taylor, contra. Mr. Justice MILLER, having stated the case in the way above given, delivered the opinion of the court. The pleading, the orders, and the decree of the court, show, we think, so as to need no further argument to a mind familiar with the principles of equity jurisprudence, that the procedure is in its essential nature a foreclosure of a...
79 U.S. 307 20 L. Ed. 402 12 Wall. 307 WADSWORTH v. WARREN. December Term, 1870 ERROR to the Circuit Court of the United States for the Northern District of Illinois. The action in the court below was in covenent and brought by Wadsworth, who resided in New York but owned property at Chicago, against J. B. Warren and W. Fleming, to recover rent upon a written lease of the same, alleged to have been executed by the said Warren and Fleming. Fleming being a bankrupt, Warren alone defended. He...
78 U.S. 39 (1870) 11 Wall. 39 VIRGINIA v. WEST VIRGINIA. Supreme Court of United States. *51 The case was elaborately argued at December Term, 1866, by Messrs. B.R. Curtis and A. Hunter, in support of the bill, and by Messrs. B. Stanton and Reverdy Johnson, in support of the demurrer; and again at this term by Mr. Taylor, Attorney-General of Virginia, Messrs. B.R. Curtis, and A. Hunter, on the former side, and Messrs. B. Stanton, C.J. Faulkner, and Reverdy Johnson, contra. *53 Mr. Justice...
79 U.S. 323 (_) 12 Wall. 323 VILLA v. RODRIGUEZ. Supreme Court of United States. *332 *333 Messrs. M. Blair and F.A. Dick, for the appellant. Messrs. Brent and Crittenden, contra. *336 Mr. Justice SWAYNE delivered the opinion of the court. This is an appeal in equity from the decree of the Circuit Court of the United States for the District of California. The appellant was the complainant in the court below. The decree was against him. He seeks to redeem the premises in controversy according to...
78 U.S. 648 (1870) 11 Wall. 648 UNITED STATES v. WRIGHT. Supreme Court of United States. *649 Mr. Bristow, Solicitor-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States. No opposing counsel. Mr. Justice DAVIS delivered the opinion of the court. The instruction given by the learned judge who tried the case was clearly erroneous, for it referred to the jury a matter which, under the law, rested wholly in the discretion of the Postmaster-General. The act of March 3, 1863,...
78 U.S. 508 (1870) 11 Wall. 508 UNITED STATES v. WILEY. Supreme Court of United States. *509 Mr. Akerman, Attorney-General, Mr. Bristow, Solicitor-General, and Mr. Hill, Assistant Attorney-General, for the United States. Mr. Tazewell Taylor, contra. *512 Mr. Justice STRONG delivered the opinion of the court. Whether the act of April 10th, 1806, which prescribes a limitation to suits upon marshals' bonds, is applicable to suits brought by the United States, is a question which we do not propose...
78 U.S. 88 (1870) 11 Wall. 88 UNITED STATES v. TYNEN. Supreme Court of United States. *91 Mr. Akerman, the Attorney-General, and Mr. B.H. Bristow, Solicitor-General, for the United States; no one appearing for the defendant. Mr. Justice FIELD, after stating the facts of the case, delivered the opinion of the court as follows: An opposition of opinion, like that in the court below, occurred between the judges of the Circuit Court for the Southern District of New York, in a similar case which...
80 U.S. 623 (_) 13 Wall. 623 UNITED STATES v. RUSSELL. Supreme Court of United States. *626 Mr. B.H. Bristow, Solicitor-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States, appellant. Messrs. Weed, Cooley, Clarke, and Corwine, contra. *627 Mr. Justice CLIFFORD delivered the opinion of the court. [*] Private property, the Constitution provides, shall not be taken for public use without just compensation, and it is clear that there are few safeguards ordained in the...
78 U.S. 178 20 L. Ed. 131 11 Wall. 178 UNITED STATES v. O'KEEFE. December Term, 1870 APPEAL from the Court of Claims; the case being thus: By act of Congress of 1855, * establishing the Court of Claims, persons are authorized to sue the United States. The words of the enactment are: 'And the said court SHALL hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the government of the...
79 U.S. 362 20 L. Ed. 434 12 Wall. 362 UNITED STATES v. NEW ORLEANS RAILROAD. December Term, 1870 APPEAL from the Circuit Court for the District of Kentucky. This was a suit instituted by the United States, as the holder of a number of the first and second mortgage bonds of the New Orleans and Ohio Railroad Company, against that company, and one Trimble, trustee of them, to foreclose the mortgages given to secure the said bonds. These mortgages were executed in 1858 and 1860, respectively, and...
78 U.S. 632 (1870) 11 Wall. 632 UNITED STATES v. LYNDE. Supreme Court of United States. *634 Mr. Akerman, Attorney-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States, and of Mr. Louis Janin, contra, for the claimant. Mr. Justice BRADLEY stated the history and nature of the title on both sides, and delivered the opinion of the court. Louisiana, as possessed by the French prior to 1763, embraced not only the entire territory west of the Mississippi, but also extended...
80 U.S. 636 20 L. Ed. 503 13 Wall. 636 UNITED STATES v. KIMBAL. December Term, 1871 1 APPEAL from the Court of Claims; the case being thus: 2 An act of March 3d, 1849, 1 enacts that any person who shall sustain damage by the abandonment or destruction by order of the commanding general, quartermaster, of any horse , &c., while such property was in the service of the United States, either by impressment or contract . . . shall be allowed and paid the value thereof, at the time he entered the...
