154 U.S. 583 114 S. Ct. 101 JACOWAY v. DENTON. No. 47. Submitted November 14, 1871. Decided April 1, 1872. The case is stated in the opinion. MR. JUSTICE SWAYNE delivered the opinion of the court. 1 This case is also before us upon a motion to dismiss the writ of error for want of jurisdiction. 2 The defendant in error brought suit in the Circuit Court of Yell County to the September term, 1866, upon the writing obligatory executed to him by William D. Jacoway, deceased, on the 4th of October...
154 U.S. 588 14 S. Ct. 1168 20 L. Ed. 463 NORTHWESTERN UNION PACKET CO. v. HOME INS. CO. OF NEW YORK. No. 467. January 29, 1872. L. Allis, for plaintiff in error. George W. McCrary, for defendant in error. Mr. Chief Justice CHASE delivered the opinion of the court. 1 On looking at the record we find no allowance of a writ of error, either by a justice of this court or by a judge of the state court. We have repeatedly decided that such an allowance was necessary, upon a writ of error addressed...
154 U.S. 587 14 S. Ct. 1170 20 L. Ed. 689 GERMAIN v. MASON et al. No. 290. April 22, 1872. A. M. Woodfolk, F. A. Dick, and George G. Wright, for plaintiff in error. J. Hubley Ashton and Nathaniel Wilson, for defendants in error. Mr. Chief Justice CHASE delivered the opinion of the court. 1 The writ of error in this case, as in the case of Wells v. McGregor (decided at this term) 13 Wall. 188 , bears the test of the clerk of the supreme court of the territory of Montana, and not the test of the...
80 U.S. 568 20 L. Ed. 705 20 L. Ed. 706 20 L. Ed. 707 13 Wall. 568 TWENTY PER CENT. CASES. December Term, 1871 APPEAL from the Court of Claims; the case being this: A joint resolution of Congress of February 28th, 1867, 1 provided: 'That there shall be allowed and paid to the following described persons [whose salaries do not exceed $3500] now employed in the civil service of the United States, at Washington, as follows: To civil officers and temporary and all other clerks, messengers, and...
154 U.S. 586 14 S. Ct. 1170 20 L. Ed. 645 THE ST. JOHN. NEW JERSEY STEAMBOAT CO. v. HASBROUCK. No. 131. April 1, 1872. Mr. Justice BRADLEY delivered the opinion of the court. 1 Abraham E. Hasbrouck, the libelant in this case, was the owner of a barge called the 'Ulster County,' which was sunk in the Hudson river near West Point, on the 20th November, 1864, by collision with the steamer St. John, while said barge was in tow of the steam propeller Pluto. The libel was filed against the steamer to...
154 U.S. 584 14 S. Ct. 1168 20 L. Ed. 821 THE DES MOINES. CONRAD v. HAZLETT et al. No. 108. March 25, 1872. Mr. Justice DAVIS delivered the opinion of the court. 1 This is a case of collision between the steamers Katie and Des Moines while navigating the Ohio river on the night of the 22d day of November, 1864. The Katie was descending and the Des Moines ascending the river, when, near the head of Diamond Island, they came in contact, and the Katie immediately sank, and became a total loss. The...
81 U.S. 44 (1871) 14 Wall. 44 HENDERSON'S DISTILLED SPIRITS. Supreme Court of United States. *48 Mr. B.H. Bristow, Solicitor-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States, plaintiffs in error. Mr. J.A. Garfield, contra. *52 Mr. Justice CLIFFORD delivered the opinion of the court. Distilled spirits, upon which no tax had been paid according to law, were, by the thirty-second section of the act of the thirteenth of July, 1866, subject to a tax of two dollars on...
80 U.S. 264 20 L. Ed. 568 13 Wall. 264 WILMINGTON RAILROAD v. REID, SHERIFF. December Term, 1871 ERROR to the Supreme Court of North Carolina; the case being thus: In 1853 the legislature of North Carolina chartered the Wilmington and Raleigh Railroad Company. One section of the charter ran thus: 'It shall be lawful for the president and directors to purchase with the funds of the company, and place on the said railroad, all machines, wagons, vehicles, carriages, and teams of any description...
80 U.S. 306 (_) 13 Wall. 306 WILLIAMS v. KIRTLAND. Supreme Court of United States. *308 Messrs. J.B. Brisbin and E.C. Palmer, for the plaintiff in error; Mr. I.D. Warren, contra. Mr. Justice FIELD delivered the opinion of the court. We agree with counsel that the provision in the statute of March 11th, 1862, that the tax deed executed by the county auditor should vest in the grantee an absolute title, both at law and in equity, except where the tax returned delinquent was actually paid, only...
80 U.S. 646 (_) 13 Wall. 646 WHITE v. HART. Supreme Court of United States. *647 Mr. P. Phillips and Mr. Broyce argued the case fully and ably for the plaintiff in error. No counsel appeared on the other side; the reliance of that party having apparently been on the argument contained in the opinion given by Brown, C.J., in behalf of the Supreme Court of Georgia. Mr. Justice SWAYNE stated the case, and delivered the opinion of the court. The suit was instituted by the plaintiff in error on the...
80 U.S. 51 20 L. Ed. 531 13 Wall. 51 WHEELER v. HARRIS. December Term, 1871 1 THIS was a motion by Mr. Donohue to dismiss an appeal from the Circuit Court for the Southern District of New York, on the ground that a prior appeal had been taken and was pending in the same suit. The case was thus: 2 The Judiciary Act, by its 22d section, 1 gives a writ of error to this court, from final decrees in the Circuit Courts, and enacts that: 3 'Every judge signing a citation on any writ of error, shall...
80 U.S. 432 20 L. Ed. 514 13 Wall. 432 WEST TENNESSEE BANK v. CITIZENS' BANK. December Term, 1871 MOTION, by Mr. Edward Janin , to dismiss, for want of jurisdiction, a writ of error to the Supreme Court of Louisiana, in a case wherein the Bank of West Tennessee was the plaintiff, and the Citizens' Bank of Louisiana, defendant; the case having been brought into this court by a writ of error, issued under the 25th section of the Judiciary Act. Mr. T. J. Durant opposed the motion . Mr. Justice...
80 U.S. 188 (_) 13 Wall. 188 WELLS v. McGREGOR. Supreme Court of United States. *189 Mr. F.A. Dick, contra. The CHIEF JUSTICE: We have often held that such orders as that which the Supreme Court of the Territory of Montana affirmed, are within the discretion of the inferior court. They are not final judgments, within the meaning of the Judiciary Act of 1789. [ ] Of course they are not within the meaning of the 9th section of the organic act of the Territory. [ ] It appears also that the writ of...
80 U.S. 679 (_) 13 Wall. 679 WATSON v. JONES. Supreme Court of United States. *700 Mr. T.W. Bullitt, for the appellants. Messrs. B.H. Bristow and J.M. Harlan, contra. *713 Mr. Justice MILLER now delivered the opinion of the court. This case belongs to a class, happily rare in our courts, in which one of the parties to a controversy, essentially ecclesiastical, resorts to the judicial tribunals of the State for the maintenance of rights which the church has refused to acknowledge, or found...
81 U.S. 28 (1871) 14 Wall. 28 WARD v. UNITED STATES. Supreme Court of United States. *34 Messrs. C.J. Walker and G.F. Edmunds, for the plaintiff in error. Mr. G.H. Williams, Attorney-General, and Mr. B.H. Bristow, Solicitor-General, contra. *37 Mr. Justice MILLER (having stated the case) delivered the opinion of the court. The whole of the testimony is embraced in a bill of exceptions, not long, and the questions to be decided here arise out of the charge of the court to the jury and its...
80 U.S. 25 20 L. Ed. 530 13 Wall. 25 UNITED STATES v. WORMER. December Term, 1871 APPEAL from the Court of Claims. The claimant demanded $15,000 from the government by way of damages for breach of contract. The principal facts were that on the 26th day of February, 1864, he entered into a written agreement with the chief quartermaster of the Cavalry Bureau to deliver at the government stables in St. Charles, Illinois, by or before the 26th of March, 1200 cavalry horses, sound, and of certain...
80 U.S. 254 (_) 13 Wall. 254 UNITED STATES v. WILDER. Supreme Court of United States. *255 Mr. C.H. Hill, for the United States; Mr. J.B. Sanborn, contra. Mr. Justice DAVIS delivered the opinion of the court. We think the Court of Claims erred in deciding that the claimant was not barred by the provision in the act reorganizing that court. The claim accrued on the 31st of July, 1863, because the services were rendered at that time. The petition was not filed until six years afterwards. The...
80 U.S. 449 20 L. Ed. 602 13 Wall. 449 UNITED STATES v. VIGIL. December Term, 1871 APPEAL from the Supreme Court of the Territory of New Mexico; the case being thus: On the 28th of December, 1845, one Vigil and certain other persons addressed a petition to the Most Excellent Departmental Assembly, through Armijo, governor of New Mexico, asking for a grant of a tract of land called the Jornada del Muerto , binding themselves, if the grant were made, to construct two wells for the relief and aid...
82 U.S. 111 (1872) 15 Wall. 111 UNITED STATES v. SINGER. Supreme Court of United States. *115 Messrs. Edward Roby, and H.S. Monroe, in support of the rulings below. Mr. G.H. Williams, Attorney-General, and Mr. C.H. Hill, Assistant Attorney-General, for the United States, contra. *118 Mr. Justice FIELD delivered the opinion of the court. Two questions are presented by the counsel of the government for our consideration in this case. One relates to the construction which should be given to the...
81 U.S. 493 (1871) 14 Wall. 493 UNITED STATES v. POWELL. Supreme Court of United States. *496 Mr. G.H. Williams, Attorney-General, and Mr. C.H. Hill, Assistant Attorney-General, for the plaintiff in error. No counsel appeared for the defendant in error. *497 Mr. Justice CLIFFORD delivered the opinion of the court. Persons intending to engage in the business of a distiller are required to give notice in writing to the assessor of the *498 district, stating their names and places of residence and...
