104 U.S. 444 (_) WELLS v. NICKLES. Supreme Court of United States. Mr. J.G. Sutherland and Mr. J.R. McBride for the plaintiff. Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson, contra. MR. JUSTICE MILLER delivered the opinion of the court. Nickles brought replevin in the District Court of the Third Judicial District of Utah to recover possession of a large amount of sawed lumber, laths, and logs, of which he claimed to be the owner. The defendants, Wells and others, denied this, and set up...
104 U.S. 428 (_) NESLIN v. WELLS. Supreme Court of United States. J.G. Sutherland and J.R. McBride for the appellant. Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson for the appellees. MR. JUSTICE MATTHEWS delivered the opinion of the court. This is a suit of an equitable nature, brought by Wells, Fargo, & Co., against Neslin and Smith, in the District Court of the Third Judicial District of the Territory of Utah, to foreclose a mortgage of real estate, made by Smith to Kerr, and by the...
106 U.S. 525 (_) UNITED STATES v. STONE. STONE v. UNITED STATES. Supreme Court of United States. *526 Mr. Assistant Attorney-General Maury for the United States. Mr. George E. Harris, contra. MR. JUSTICE MATTHEWS delivered the opinion of the court. This action was brought by the United States against Benjamin B. Emory and his sureties, upon his official bond, as collector of internal revenue for the Third District of Mississippi. The bond, dated March 29, 1870, is in the penal sum of $50,000,...
106 U.S. 395 (_) KING v. CORNELL. Supreme Court of United States. Mr. William M. Evarts and Mr. Joseph H. Choate for the appellant. Mr. Samuel H. Wilcox for the appellees. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This is a suit begun in the Supreme Court of New York by a citizen of that State against other citizens of the same State and Henry Seymour King, an alien, and a subject of the Queen of the United Kingdom of Great Britain and Ireland. King, claiming that there could...
106 U.S. 272 (_) FINK v. O'NEIL. Supreme Court of United States. *273 Mr. Assistant Attorney-General Maury for the appellant. *275 MR. JUSTICE MATTHEWS, after stating the case, delivered the opinion of the court. The statutory provision in relation to homesteads was enacted by Wisconsin in express compliance with a constitutional injunction, wherein it is declared, in the seventeenth section of the Bill of Rights, that "the privilege of the debtor to enjoy the necessary comforts of life shall...
106 U.S. 447 (_) STEEL v. SMELTING COMPANY. Supreme Court of United States. Mr. Thomas A. Green for the plaintiffs in error. Mr. Alexander T. Britton, Mr. Walter H. Smith, and Mr. Jonas H. McGowan for the defendant in error. MR. JUSTICE FIELD delivered the opinion of the court. This was an action by the St. Louis Smelting and Refining Company, a corporation created under the laws of Missouri, against Steel and others, to recover the possession of certain real property in the city of Leadville,...
105 U.S. 271 (_) SIMMONS v. OGLE. Supreme Court of United States. Mr. John W. Ross and Mr. Franklin A. McConaughy for the appellant. Mr. James L.D. Morrison for the appellee. MR. JUSTICE MILLER delivered the opinion of the court. Simmons recovered, on the seventeenth day of January, 1878, a judgment in ejectment against Ogle, for the possession of the south half of the northeast quarter of section three, township one north, of range nine west, in St. Clair County, Illinois, and under the proper...
105 U.S. 766 (_) PAPER-BAG CASES. PAPER-BAG MACHINE COMPANY v. NIXON. NIXON v. PAPER-BAG MACHINE COMPANY. Supreme Court of United States. Mr. George Harding and Mr. John R. Bennett for the Paper-Bag Machine Company. Mr. James Morse and Mr. E.W. Kittredge, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. On the 28th of April, 1857, a patent was granted to Charles H. Morgan and Benjamin R. Smith for an invention by Benjamin F. Rice of a "machine for making paper bags." This...
106 U.S. 432 (_) WOODEN-WARE COMPANY v. UNITED STATES. Supreme Court of United States. Mr. Samuel D. Hastings, Jr., for the plaintiff in error. Mr. Assistant Attorney-General Maury for the United States. MR. JUSTICE MILLER delivered the opinion of the court. This is a writ of error, founded on a certificate of division of opinion between the judges of the Circuit Court. *433 The facts, as certified, out of which this difference of opinion arose appear in an action in the nature of trover,...
106 U.S. 379 (_) GEEKIE v. KIRBY CARPENTER COMPANY. Supreme Court of United States. *380 Mr. Samuel D. Hastings, Jr., for the plaintiff in error. Mr. Luther S. Dixon and Mr. B.J. Brown for the defendant in error. MR. JUSTICE BLATCHFORD delivered the opinion of the court. This suit was brought in a court of the State of Wisconsin, by Peter W. Geekie, sheriff of Oconto County, Wisconsin, and William Klass, citizens of Wisconsin, against the Kirby Carpenter Company, an Illinois corporation, and...
106 U.S. 408 (_) HODGES v. EASTON. Supreme Court of United States. Mr. Luther S. Dixon for the plaintiffs in error. Mr. Henry M. Finch for the defendants in error. MR. JUSTICE HARLAN delivered the opinion of the court. This was a suit by Easton and Bigelow against Hodges and Smith to recover damages for the alleged conversion of certain wheat, stored, in separate bins, in the warehouse of William H. Valleau, in Decorah, Iowa. The complaint contains two counts. The first proceeds upon the ground...
105 U.S. 460 (_) TELEGRAPH COMPANY v. TEXAS. Supreme Court of United States. *461 The case was argued by Mr. Wager Swayne for the plaintiff in error. Mr. J.H. McLeary, Attorney-General of Texas, and Mr. Philip Phillips appeared for the defendant in error. *464 MR. CHIEF JUSTICE WAITE, after stating the case, delivered the opinion of the court. In Pensacola Telegraph Co. v. Western Union Telegraph Co. ( 96 U.S. 1 ), this court held that the telegraph was an instrument of commerce, and that...
104 U.S. 728 104 U.S. 728 26 L. Ed. 908 UNITED STATES v. SAVINGS BANK. October Term, 1881 APPEAL from the Court of Claims. Sections 3220 and 3228 of the Revised Statutes are as follows:—— 'SECT. 3220. The Commissioner of Internal Revenue, subject to regulations prescribed by the Secretary of the Treasury, is authorized, on appeal to him made, to remit, refund, and pay back all taxes erroneously or illegally assessed or collected, all penalties collected without authority, and all taxes that...
106 U.S. 558 1 S. Ct. 342 27 L. Ed. 204 MERCHANTS' & MANUFACTURERS' NAT. BANK OF PITTSBURGH and another v. SLAGLE and others. December 11, 1882. Jno. Dalzell and J. F. Slagle , for appellants. Geo. Shiras, Jr. , for appellees. MILLER, J. 1 Christopher Zug and Charles H. Zug, composing the partnership of Zug & Co., were, on their own petition of May 11, 1876, declared bankrupts by the district court for the western district of Pennsylvania. At the first meeting of the creditors John S. Slagle...
106 U.S. 413 (_) WALKER'S EXECUTORS v. UNITED STATES. Supreme Court of United States. *419 Mr. Warner M. Bateman, with whom were Mr. Quinton Corwine and Mr. John Pool, for the appellants. The Solicitor-General for the United States. MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court. By the proclamation of the President of the United States, issued, on the sixteenth day of August, 1861, in pursuance of authority given by the act of July 13, 1861, c. 3, the...
105 U.S. 166 (_) RAILROAD COMPANY v. ELLERMAN. Supreme Court of United States. Mr. John S. Cadwalader and Mr. Thomas L. Bayne for the appellants. Mr. Charles N. Hornor for the appellee. MR. JUSTICE MATTHEWS delivered the opinion of the court. The New Orleans, Mobile, and Texas Railroad Company, one of the appellants, and the principal defendant below, is a corporation of the State of Alabama, by the original name of the New Orleans, Mobile, and Chattanooga Railroad Company, which has...
104 U.S. 553 (_) GRIGGS v. HOUSTON. Supreme Court of United States. Submitted on printed arguments by Mr. J.M. Thornburgh for the plaintiff in error, and by Mr. Xenophon Wheeler for the defendants in error. *554 MR. CHIEF JUSTICE WAITE delivered the opinion of the court. We agree entirely with the court below in the opinion that the statutes in relation to railroads relied upon by the plaintiff in error are not applicable to the facts of this case. If upon the evidence the jury had brought in a...
104 U.S. 521 (_) GOTTFRIED v. MILLER. Supreme Court of United States. *525 Mr. Thomas A. Banning and Mr. Ephraim Banning for the appellant. Mr. E.H. Abbot for the appellee. *526 MR. JUSTICE WOODS, after stating the case, delivered the opinion of the court. The appellant rests his right to a decree in this case upon these grounds: First, that Stromberg never owned any part of the patent sued on; and, second, that if he did, his ownership could not inure to the protection of the defendant Miller....
105 U.S. 418 105 U.S. 418 26 L. Ed. 1131 UNITED STATES v. RINDSKOPF. October Term, 1881 ERROR to the Circuit Court of the United States for the Eastern District of Wisconsin. This is an action against Lewis Rindskopf, the principal, and Raphael Reichmann and Elias Rindskopf, sureties, on a distiller's bond for $7,000, executed March 23, 1875. The principal was then engaged in the business of a distiller within the first collection district of Wisconsin. The condition of the bond provided, among...
106 U.S. 505 (_) CLARKSON v. STEVENS. Supreme Court of United States. Mr. Walter L. Clarkson and Mr. Frederick W. Stevens for the plaintiffs in error. Mr. Leon Abbett and Mr. John P. Stockton, Attorney-General of New Jersey, contra. MR. JUSTICE MATTHEWS delivered the opinion of the court. The controversy in this case arises between the plaintiffs in error, who are, with others, heirs-at-law of Robert L. Stevens, *506 deceased, and the State of New Jersey, and involves the title to an...
