44 U.S. 771 (1845) 3 How. 771 THOMAS B. WINSTON v. THE UNITED STATES. Supreme Court of United States. Nelson (attorney-general) moved to dismiss this case for want of jurisdiction, under the circumstances stated in the opinion of the court, which was delivered by Mr. Chief Justice TANEY. A motion has been made to dismiss the case for want of jurisdiction. It appears that an action was brought by the United States against the plaintiff in error, in the District Court of the United States for the...
45 U.S. 1 4 How. 1 11 L. Ed. 849 WILLIAM M. GWINN, MARSHAL, PLAINTIFF IN ERROR, v. BUCHANAN, HAGAN, & CO., FOR THE USE OF WILLIAM HOLLIDAY & CO. January Term, 1846 THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Mississippi. A judgment was obtained in that court, at May term, 1839, by the defendants in error against Ephraim Gwinn and James Ballance, for the sum of $2,679.88, with interest at the rate of eight per cent. , from the 27th...
44 U.S. 717 3 How. 717 11 L. Ed. 799 WILLIAM H. McFARLAND v. WILLIAM M. GWIN, (LATE MARSHAL.) January Term, 1845 THIS case was brought up, by writ of error, from the Circuit Court of the United States for the southern district of Mississippi. McFarland had recovered a judgment against one Passmore for the sum of $9,763.10, and on the 6th of July, 1839, issued a fieri facias . On the 1st of November, 1839, the execution was levied upon sundry pieces of property by the marshal. On the 20th of...
44 U.S. 266 (1845) 3 How. 266 ROBERT WHITE, PLAINTIFF IN ERROR, v. WILLIAM S. NICHOLLS, WILLIAM ROBINSON, OTHO M. LINTHICUM, EDWARD M. LINTHICUM, RAPHAEL SEMMES, PAUL STEVENS, AND CHARLES C. FULTON, DEFENDANTS IN ERROR. ROBERT WHITE, PLAINTIFF IN ERROR, v. HENRY ADDISON, DEFENDANT IN ERROR. Supreme Court of United States. *278 May and R. Brent, for the plaintiff in error. Bradley and Coxe, for the defendants in error. May, for plaintiff in error. *284 Mr. Justice DANIEL delivered the opinion of...
44 U.S. 413 (1845) 3 How. 413 WASHINGTON BRIDGE COMPANY, APPELLANT, v. WILLIAM STEWART, JAMES STEWART, AND JOHN GLENN. Supreme Court of United States. *416 Bradley, for the appellants. Coxe, for the appellees. *424 Mr. Justice WAYNE delivered the opinion of the court. This cause is now before us upon an appeal from a decree of the Circuit Court, made by it upon an auditor's report, in conformity with the mandate issued by this court, when the cause was before it upon a former occasion. The...
44 U.S. 111 (1845) 3 How. 111 LESSEE OF HENRY WALLER, ASSIGNEE OF THE BANKRUPT ESTATE OF FRANCIS A. SAVAGE, PLAINTIFF, v. JAMES AND JOSEPH BEST. Supreme Court of United States. Morehead and B. Monroe, for the plaintiff. Richard French, for the defendants. *118 Mr. Chief Justice TANEY delivered the opinion of the court. This case comes before the court upon a certificate of division between the judges of the Circuit Court of the United States for the district of Kentucky, upon the following...
44 U.S. 578 (1845) 3 How. 578 THE UNITED STATES, PLAINTIFFS, v. ELI S. PRESCOTT ET AL., DEFENDANTS. Supreme Court of United States. *579 Nelson, (attorney-general,) for the plaintiffs. Dickey and Burke, for the defendants. *587 Mr. Justice McLEAN delivered the opinion of the court. This action was brought in the Circuit Court for the district of Illinois, on a bond given by Prescott, with the other defendants as his sureties, for his faithful performance of the duties of receiver of public...
44 U.S. 773 (1845) 3 How. 773 THE UNITED STATES, PLAINTIFF IN ERROR, v. RICHARD KING AND DANIEL W. COXE, DEFENDANTS. Supreme Court of United States. *781 Nelson, (attorney-general,) for the United States. Coxe, for the defendants. *784 Mr. Chief Justice TANEY delivered the opinion of the court. This case is one of great importance, from the amount of property in dispute; and if the court entertained any doubt upon the questions of law or of fact which are presented by the record, we should...
44 U.S. 120 (1845) 3 How. 120 THE UNITED STATES, PLAINTIFF, v. HEZEKIAH H. GEAR, DEFENDANT. THE UNITED STATES, COMPLAINANT, v. HEZEKIAH H. GEAR, DEFENDANT. Supreme Court of United States. *125 Nelson, attorney-general, for the United States. Hardin, for the defendant. *129 Mr. Justice WAYNE delivered the opinion of the court. From the foregoing statement of all the acts of Congress having any bearing on the subject before us, we think it obvious it was not intended to subject lead-mine lands in...
44 U.S. 556 (1845) 3 How. 556 THE UNITED STATES, PLAINTIFFS, v. WILLIAM H. FREEMAN. Supreme Court of United States. *561 Nelson, (attorney-general,) for the United States. Colonel Freeman, (in a printed argument,) the defendant in the court below, for himself. *563 Mr. Justice WAYNE delivered the opinion of the court. Several questions occurred upon the trial of this cause in the court below, upon which the opinions of the judges were opposed, and they were certified to this court for decision....
44 U.S. 534 (1845) 3 How. 534 UNITED STATES v. ANDREW HODGE. Supreme Court of United States. MR. Chief Justice TANEY delivered the opinion of the court on a motion to dismiss this case. This case is brought here by a writ of error to the Circuit Court for the eastern district of Louisiana, and a motion has been made to dismiss it, because the citation was signed by the clerk, and not by a judge of the Circuit Court, or a justice of the Supreme Court, as directed by the act of Congress of 1789,...
45 U.S. 16 (1846) 4 How. 16 THE TOMBIGBEE RAILROAD COMPANY v. WILLIAM H. KNEELAND. Supreme Court of United States. *17 The case was submitted to the court without argument by the Attorney-General, for the plaintiff in error, referring the court to 13 Pet. 519 . No counsel appeared for defendant. Mr. Chief-Justice TANEY delivered the opinion of the court. The only question arising on this record is, whether, by the laws of Alabama, a contract made in that State by the agents of a corporation...
44 U.S. 763 (1845) 3 How. 763 THOMAS WILSON AND COMPANY, PLAINTIFFS, v. HORACE SMITH, DEFENDANT. Supreme Court of United States. *764 Berrien, for the plaintiffs. Nelson, (attorney-general,) for the defendant. *769 Mr. Chief Justice TANEY delivered the opinion of the court. We think the question certified has been settled by the decision of this court, and that it is unnecessary to go into an examination of the English laws which were cited in the argument. It is admitted that the bill was the...
45 U.S. 55 4 How. 55 11 L. Ed. 873 THOMAS MANEY, AND OTHERS, PLAINTIFFS IN ERROR, v. THOMAS J. PORTER, DEFENDANT. January Term, 1846 THIS case was brought up by writ of error to the Supreme Court of Errors and Appeals for the State of Tennessee, under the 25th section of the Judiciary Act. The case was this. Thomas Maney, one of the plaintiffs in error, on the 4th of October, 1836, gave his note to the defendant in error, for $5,000, payable eight months after date. Suit was afterwards brought...
44 U.S. 620 3 How. 620 11 L. Ed. 753 THE UNITED STATES, APPELLANTS, v. WILLIAM MARVIN. January Term, 1845 THIS was an appeal from the Superior Court for the district of East Florida. It was a land claim, and as the opinion of the court turned entirely upon the question, whether or not the claim was filed in time in the court below, it is only necessary to state the circumstances which bear upon that point. On the 23d of May, 1828, (1 Land Laws, 439,) Congress passed an act, the 12th section of...
44 U.S. 197 (1845) 3 How. 197 JOHN TAYLOR, JUNIOR, AND WILLIAM BLACKBURNE AND CO., CLAIMANTS OF CLOTHS AND KERSEYMERES, PLAINTIFFS IN ERROR, v. THE UNITED STATES, DEFENDANTS IN ERROR. Supreme Court of United States. *204 Meredith and Crittenden, for the plaintiffs in error. Cadwallader and Nelson, attorney-general, for the United States. Mr. Justice STORY delivered the opinion of the court. This is a writ of error to the judgment of the Circuit Court of the eastern district of Pennsylvania,...
44 U.S. 110 (1845) 3 How. 110 SAMUEL SWARTWOUT, PLAINTIFF IN ERROR, v. JOHN GIHON ET AL. Supreme Court of United States. Mr. Chief Justice TANEY delivered the opinion of the court. This case comes before the court upon a writ of error directed to the Circuit Court for the southern district of New York. The action was brought by the defendants in error against the plaintiff to recover back certain sums of money paid to him as duties on brown linens, imported into New York in 1836, of which port...
44 U.S. 553 (1845) 3 How. 553 JAMES STIMPSON, PLAINTIFF IN ERROR, v. WEST CHESTER RAILROAD COMPANY. Supreme Court of United States. Mr. Chief Justice TANEY delivered the following opinion of the court. The plaintiff in error in this case suggests that there is diminution in the record, in omitting the charge to the jury which was delivered at the trial by the Circuit Court, and moves for a certiorari, that it may be set out at length, and appended to the record. So much of the charge of the...
44 U.S. 534 (1845) 3 How. 534 THE STATE OF MARYLAND, FOR THE USE OF WASHINGTON COUNTY, PLAINTIFF IN ERROR, v. THE BALTIMORE AND OHIO RAILROAD COMPANY, DEFENDANTS. Supreme Court of United States. *539 Jervis Spencer and Sergeant for the plaintiff in error. Nelson (attorney-general) and Johnson for defendants. *548 Mr. Chief Justice TANEY delivered the opinion of the court. The question brought before the court by this writ of error depends upon the construction and effect of an act of the...
45 U.S. 404 (1846) 4 How. 404 SAMUEL SMYTH, PLAINTIFF IN ERROR, v. DANIEL P. STRADER, JAMES PERRINE, AND JOHN H. WOODCOCK, LATE PARTNERS, UNDER THE FIRM OF STRADER, PERRINE, & CO. Supreme Court of United States. *405 The case was argued by Mr. Parke, for the plaintiff in error, and Mr. Sherman, and Mr. Willis Hall, for the defendants in error. Mr. Parke, for the plaintiff. *413 Mr. Justice McLEAN delivered the opinion of the court. The plaintiff brought his action as the second indorsee of two...
