94 U.S. 113 (1876) MUNN v. ILLINOIS. Supreme Court of United States. *119 Mr. W.C. Goudy, with whom was Mr. John N. Jewett, for the plaintiffs in error. Mr. James K. Edsall, Attorney-General of Illinois, contra. *123 MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The question to be determined in this case is whether the general assembly of Illinois can, under the limitations upon the legislative power of the States imposed by the Constitution of the United States, fix by law the...
94 U.S. 500 (1876) EYSTER v. CENTENNIAL BOARD OF FINANCE. Supreme Court of United States. Mr. Assistant Attorney-General Smith and Mr. William M. Springer for the appellant. Mr. William Henry Rawle and Mr. Robert N. Wilson, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This case presents the single question whether, in the distribution of the moneys remaining in the treasury of the Centennial Board of Finance at the close of the affairs of that corporation, as provided for...
95 U.S. 316 (_) HART v. UNITED STATES. Supreme Court of United States. *318 Mr. James A. Garfield and Mr. A.G. Riddle for the plaintiffs in error. Mr. Assistant Attorney-General Smith, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The second defence relied upon in this case is disposed of by Osborne v. United States, 19 Wall. 577 , which we are not inclined to reconsider. The third defence is equally bad. Under the law as it stood when this suit was commenced, no distilled...
95 U.S. 334 (_) UNITED STATES v. BABBITT. Supreme Court of United States. *335 Mr. Assistant Attorney-General Smith for the plaintiff in error. No counsel appeared for the defendants in error. MR. JUSTICE SWAYNE delivered the opinion of the court. This case comes before us upon a certificate of a division of opinion of the judges by whom the case was tried in the Circuit Court. The questions certified are: 1. Whether it was the duty of the defendant Babbitt, as register of the land-office, to...
94 U.S. 415 (1876) PEOPLE v. COMMISSIONERS OF TAXES AND ASSESSMENTS. Supreme Court of United States. *416 Mr. Daniel D. Lord for the appellant. Mr. Hugh L. Cole, contra. MR. JUSTICE HUNT delivered the opinion of the court. The relators complain that their shares of stock in the Gallatin National Bank are assessed at too large a sum. They appeal from the judgment of the Court of Appeals sustaining the determination of the commissioners of taxes, which fixed the taxable value of such shares at $...
94 U.S. 219 24 L. Ed. 116 UNITED STATES v. PHISTERER. October Term, 1876 APPEAL from the Court of Claims. Mr. Assistant Attorney-General Smith for the United States. Mr. Halbert E. Paine, contra . MR. JUSTICE HUNT delivered the opinion of the court. 1 The present case is one of a class of which several are now pending in this court, and many more, it is understood, are before the Court of Claims. 2 The claimant was a captain of infantry in the United States army, and on the seventh day of...
94 U.S. 324 (1876) BARNEY v. KEOKUK. Supreme Court of United States. *329 Mr. George W. McCrary for the plaintiff in error. Mr. Robert G. Ingersoll for the defendants in error. *336 MR. JUSTICE BRADLEY, after stating the case, delivered the opinion of the court. We agree with the court below that the dedication of the streets of Keokuk was a dedication at common law, and not under the statute; and that, in making this dedication, the original proprietors of the tract reserved the title to the...
94 U.S. 796 24 L. Ed. 143 MELENDY v. RICE October Term, 1876 ERROR to the Supreme Court of the State of Iowa. Rice sued Melendy and others in the Marshall County, Iowa, District Court, for wrongfully and forcibly entering his store and carrying away goods. Melendy justified as marshal of the United States for the district of Iowa, claiming that he seized the goods as the property of Clark & Freer, bankrupts, under a provisional warrant of seizure issued from the Bankrupt Court after the...
96 U.S. 218 (1877) WERNER v. KING. Supreme Court of United States. *227 Mr. Arthur v. Briesen for the appellant. Mr. Frederic H. Betts, contra. MR. JUSTICE MILLER delivered the opinion of the court. Letters-patent were issued to George E. King on the 26th February, 1867, for a new and useful improvement in fluting machines. He surrendered them, and on the 23d June, 1868, had two patents granted him as reissues of the original. The first of these, No. 3000, was for the machine by which the...
94 U.S. 238 (1876) INMAN STEAMSHIP COMPANY v. TINKER. Supreme Court of United States. *240 Mr. William M. Evarts and Mr. Francis Lynde Stetson for the appellant. Mr. Henry J. Scudder, contra. *241 MR. JUSTICE SWAYNE delivered the opinion of the court. This is a bill in equity brought to enjoin the appellee from collecting a port charge imposed upon the vessels of the appellant in the harbor of New York, by an act of the legislature of the State, a copy of which is annexed to the bill, and made...
94 U.S. 429 24 L. Ed. 129 MCCLURE v. TOWNSHIP OF OXFORD. October Term, 1876 ERROR to the Circuit Court of the United States for the District of Kansas. This was an action by the plaintiff to recover upon twenty overdue interest coupons, detached from bonds held by him and issued by the defendant. The following is a copy of one of the bonds and coupons, all of which were set forth in the declaration:—— 'No._.] OXFORD TOWNSHIP BRIDGE BOND. [$500. 'The township of Oxford, in the county of Sumner...
93 U.S. 424 23 L. Ed. 964 OSTERBERG v. UNION TRUST COMPANY. October Term, 1876 APPEAL from the Circuit Court of the United States for the Northern District of Illinois. The Rockford, Rock Island, and St. Louis Railroad Company issued certain bonds secured by its mortgages to the Union Trust Company, the trustee of the bondholders. The trustee filed its bill to foreclose the mortgages, June 11, 1874, in the court below; and on the 29th of the following October a receiver was appointed to take...
95 U.S. 204 (_) BATES v. CLARK. Supreme Court of United States. Mr. Assistant Attorney-General Smith for the plaintiffs in error. Mr. John B. Sanborn, contra. MR. JUSTICE MILLER delivered the opinion of the court. The plaintiff in error, Bates, was a captain in the army of the United States, in command at Fort Seward, in the Territory of Dakota, near the crossing of the James River by the North Pacific Railroad; and Yeckley, the other plaintiff in error, was a lieutenant under him at the time...
94 U.S. 255 (1876) TOWNSHIP OF EAST OAKLAND v. SKINNER. Supreme Court of United States. *256 Mr. John M. Palmer for the plaintiff in error. Mr. H.S. Greene, Mr. D.T. Littler, and Mr. James C. Robinson, contra. MR. JUSTICE HUNT delivered the opinion of the court. The defendant in error brought this suit in the Circuit Court of the United States for the Southern District of Illinois against the township of East Oakland, to recover the amount of certain interest coupons issued with certain bonds...
95 U.S. 80 (_) PACKET COMPANY v. KEOKUK. Supreme Court of United States. *82 Mr. Robert H. Gilmore and Mr. James H. Anderson for the plaintiff in error. Mr. John H. Craig for the defendant in error. *84 MR. JUSTICE STRONG delivered the opinion of the court. The principal question presented by the record of this case is, whether a municipal corporation of a State, having by the law of its organization an exclusive right to make wharves, collect wharfage, and regulate wharfage rates, can,...
95 U.S. 149 (_) KNOTE v. UNITED STATES. Supreme Court of United States. *151 Mr. Thomas Jesup Miller, and Mr. Linden Kent, for the appellant. The Solicitor-General, contra. *152 MR. JUSTICE FIELD delivered the opinion of the court. The question presented for determination in this case is, whether the general pardon and amnesty granted by President Johnson, by proclamation, on the 25th of December, 1868, will entitle one receiving their benefits to the proceeds of his property, previously...
94 U.S. 535 (1876) DOYLE v. CONTINENTAL INSURANCE COMPANY. Supreme Court of United States. *537 Mr. George B. Smith for the appellant. Mr. William Allen Butler, Mr. B.J. Stevens, and Mr. I.C. Sloan, for the appellee. MR. JUSTICE HUNT delivered the opinion of the court. The case of Insurance Company v. Morse, 20 Wall. 445 , is the basis of the bill of complaint in the present suit. We have carefully reviewed our decision in that case, and are satisfied with it. In that case, an agreement not to...
95 U.S. 571 (_) UNITED STATES v. TWO HUNDRED BARRELS OF WHISKEY. Supreme Court of United States. *573 Mr. Assistant Attorney-General Smith for the United States. Mr. J.D. Rouse, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This case presents the question, whether property owned by and found upon the premises of a rectifier or wholesale liquor-dealer can be seized as forfeited to the United States, under sect. 96 of the "Act imposing taxes on distilled spirits," &c.,...
94 U.S. 351 (1876) CROMWELL v. COUNTY OF SAC. Supreme Court of United States. Mr. John N. Rogers for the plaintiff in error. Mr. Galusha Parsons, contra. MR. JUSTICE FIELD delivered the opinion of the court. This was an action on four bonds of the county of Sac, in *352 the State of Iowa, each for $1,000, and four coupons for interest, attached to them, each for $100. The bonds were issued in 1860, and were made payable to bearer, in the city of New York, in the years 1868, 1869, 1870, and 1871,...
94 U.S. 437 (1876) NATIONAL BANK OF THE COMMONWEALTH v. MECHANICS' NATIONAL BANK. Supreme Court of United States. Mr. Solicitor-General Phillips for the plaintiff in error. Mr. William S. Opdyke, contra. MR. JUSTICE SWAYNE delivered the opinion of the court. This suit was brought by the defendant in error as an original claimant, and as the assignee of other parties. All the claims have a common origin, and involve the same principle. On the 22d of November, 1873, the Bank of the Common wealth...
