68 U.S. 579 (_) BURR v. DURYEE. No. 231. Supreme Court of United States. *580 Mr. Justice GRIER delivered the opinion of the court. After the observations made in the preceding and principal case, it is not necessary to make further remarks on the art of extending patents. It may be ranked "INTER INGENUAS ARTES," and may have the claim of novelty, if not of usefulness. In this case, the invention of Taylor was the application of pressure by means of rollers, with a contrivance to give them the...
68 U.S. 221 (1863) 1 Wall. 221 GELPCKE ET AL. v. THE CITY OF DUBUQUE. No. 79. Supreme Court of United States. *222 Mr. JUSTICE SWAYNE delivered the opinion of the court: The counsel of the plaintiffs in error have submitted no argument in regard to the two first causes assigned for the demurrer. We have not therefore considered the questions which they present. They relate to certain provisions of the contract which are claimed to be invalid. Conceding this to be so, they are clearly separable...
67 U.S. 544 (_) 2 Black 544 WRIGHT ET ALS. v. SILL. Supreme Court of United States. Mr. Justice SWAYNE. This is a suit in equity, brought here by appeal from the Circuit Court of the United States for the Northern District of Ohio. The questions presented are, whether the 60th section of the Act of the Legislature of Ohio, entitled "An Act to incorporate the State Bank of Ohio and other Banking Companies," passed February 24th, 1845, constitutes a contract upon the subject of taxation, which is...
67 U.S. 535 (_) 2 Black 535 WRIGHT v. BALES. Supreme Court of United States. Mr. Lee and Mr. Fisher, of Ohio, for Plaintiff in Error. No counsel appeared for Defendant in Error. *536 Mr. Justice WAYNE. The plaintiff in error seeks for a reversal of the judgment in this case, for errors alleged to have occurred upon the trial of it in the Court below, but our attention having been called to the rejection of a witness, we shall confine ourselves to that assignment of error, without considering...
67 U.S. 430 (_) 2 Black 430 WARD ET AL. v. CHAMBERLAIN ET AL. Supreme Court of United States. *432 Mr. Newberry, of Ohio, for Complainants. Mr. Spalding, of Ohio, for Defendants. Mr. Justice CLIFFORD. This is a bill in equity, and the case comes before the Court on a certificate of division in opinion between the Judges of the Circuit Court of the United States for the Northern District of Ohio. According to the transcript the bill of complaint sets forth that the complainants, on the 12th day...
67 U.S. 610 (_) 2 Black 610 THE UNITED STATES v. GRIMES. Supreme Court of United States. *611 Mr. Wills, of Washington City, for Appellants. No counsel appeared for Appellee. Mr. Justice GRIER. The petitioner is assignee of John A. Sutter "of a part of the place called New Helvetia." Under this name Sutter claimed title to two several grants from the Mexican Government; one for eleven leagues, granted to him by *612 Juan B. Alvarado on 18th of June, 1841, the other for twenty-two leagues,...
67 U.S. 394 (_) 2 Black 394 UNITED STATES v. GALBRAITH ET AL. Supreme Court of United States. *397 Mr. Black, of Pennsylvania, and Mr. Gillet, of Washington City, for the United States. *400 Mr. Ashmun, of Massachusetts, and Mr. Hill, of Missouri, for the claimants. *401 Mr. Justice NELSON. This is an appeal from a decree of the District Court of the United States for the Northern District of California. The case presents a California land claim filed before the Board of Commissioners April 29,...
67 U.S. 593 (_) 2 Black 593 THE UNITED STATES v. CHABOYA. CHABOYA v. THE UNITED STATES. Supreme Court of United States. Mr. Wills, of Washington City, for the United States. Mr. Hepburn, and Mr. Wilkins, of California, contra. Mr. Justice MILLER. These are appeals from the District Court of the United States for the Northern District of California. The appellant, Petro Chaboya, on the 2d day of March, 1853, filed with the Board of Commissioners to settle private land claims in the State of...
67 U.S. 17 (_) 2 Black 17 THE UNITED STATES v. ANDRES CASTILLERO. ANDRES CASTILLERO v. THE UNITED STATES. Supreme Court of United States. *84 Mr. Archibald C. Peachy, of California, Mr. Charles O'Conor, of New York, and Mr. Reverdy Johnson, of Maryland, for claimant. Mr. Black, of Pennsylvania, and Mr. B.R. Curtis, of Massa chusetts, for the United States. *144 Mr. Justice CLIFFORD. These are appeals from a decree of the District Court of the United States for the Northern District of...
67 U.S. 448 (_) 2 Black 448 TRUSTEES OF THE WABASH AND ERIE CANAL COMPANY v. BEERS. Supreme Court of United States. Mr. Usher, of Indiana, for Appellants. Mr. Gillet, of Washington City, for Appellees. Mr. Justice MILLER. This is an appeal from a decree of the Circuit Court of the United States for the District of Indiana. The Government of the United States having granted to the State of Indiana certain lands to aid in the construction of a canal, designed to unite the waters of Lake Erie with...
67 U.S. 481 (_) 2 Black 481 TAYLOR v. MORTON. Supreme Court of United States. *482 Mr. Cushing and Mr. Gillet, for the Plaintiff below; and Mr. Coffey and Mr. Butler, for the Defendant below. Mr. Justice CLIFFORD. This was an action of assumpsit, and the case comes before the Court upon a writ of error to the Circuit Court of the United States for the District of Massachusetts. Suit was brought by the present plaintiffs against the defendant as the Collector of the Customs for the the Port of...
67 U.S. 532 (_) 2 Black 532 SUMNER ET ALS. v. HICKS ET ALS. Supreme Court of United States. *533 Mr. Smith, of Wisconsin, for Appellants. No counsel appeared for Appellees. Mr. Justice SWAYNE. This is a suit in equity, having for its object, to set aside two assignments made by the defendants, Henry Hicks and Asa Hicks, to their co-defendant, Forbes. The appellants are the complainants in the bill. They have recovered judgments at law against Henry and Asa Hicks, upon which executions have been...
67 U.S. 613 (_) 2 Black 613 ROTHWELL v. DEWEES. Supreme Court of United States. *614 Mr. Bradley, of Washington City, for Appellants. Mr. Swan, of the District of Columbia, for Defendants. Mr. Justice MILLER. The appellees in this case, who were the defendants in the Circuit Court, hold the real estate, which is the subject of this controversy, by inheritance from their father, William Dewees. The title of Dewees was a deed from the Corporation of Washington City, made August 29th, 1836, on a...
68 U.S. 512 17 L. Ed. 500 1 Wall. 512 ROOSEVELT v. MEYER. December Term, 1863 MR. ROELKER, of counsel for the defendant in error in this case, moved the court to dismiss the writ of error for want of jurisdiction: the case being thus: The Judiciary Act of 1789 (ยง 25) provides that this court may review the judgment of the highest court of a State in cases 'where is drawn in question the construction of any clause of the Constitution , or of a . . . statute of . . . the United States, and the...
68 U.S. 682 17 L. Ed. 496 1 Wall. 682 RESOLUTE AND NORTHERNER. December Term 1863. The waters of Puget's Sound, in Washington Territory, were not within the Rules and Regulations adopted 17th October, 1857, of the Supervising Inspectors, appointed under the act of Congress of 30th August, 1852, to be observed by vessels in passing each other. CONGRESS, by act of August 30, 1852, * provided for the appointment of supervising inspectors of steamers and machinery; one of the duties of such...
67 U.S. 585 (_) 2 Black 585 RANDALL v. HOWARD. Supreme Court of United States. *586 Mr. Mayer, of Maryland, for Appellants. Mr. Evans and Mr Gale, of Maryland, contra. Mr. Justice DAVIS. This is a bill in equity filed in the Circuit Court of the United States for the District of Maryland by the appellants against the appellee, who interposed a demurrer, which was sustained by the Court below, and an appeal was taken to this Court. The bill states substantially, that the complainant, John...
68 U.S. 23 17 L. Ed. 500 1 Wall. 23 POMEROY'S LESSEE v. THE STATE BANK OF INDIANA. December Term, 1863 A STATUTE of Indiana passed in 1834, enacted as follows: 'That there shall be and is hereby created and established a State Bank, to be known and styled the 'State Bank of Indians,' and shall continue as such until the first day of January, eighteen hundred and fifty-nine .' The charter further provided, that all banking powers should cease after the first day of January , 1857, ' except those...
68 U.S. 592 (1863) 1 Wall. 592 POMEROY'S LESSEE v. THE STATE BANK OF INDIANA. Supreme Court of United States. *596 Messrs. Chase and Burd, for the defendant in error. Messrs. Carlisle and Brady, contra. *597 Mr. Justice CLIFFORD, after stating the case, delivered the opinion of the court. Exceptions to the first bill, as written out and sealed, are plainly and undeniably to the overruling of the motion for a new trial, and to the subsequent entry of the judgment and not to the rulings of the...
67 U.S. 620 (_) 2 Black 620 THE PEOPLE OF NEW YORK ON THE RELATION OF THE BANK OF COMMERCE v. THE COMMISSIONERS OF TAXES FOR THE CITY AND COUNTY OF NEW YORK. Supreme Court of United States. *621 Mr. Lord, of New York, for Plaintiff in Error. Mr. Develin and Mr. Brady, of New York, for Defendants in Error. *628 Mr. Justice NELSON. This is a writ of error to the Court of Appeals of the State of New York. The question involved in this case is, whether or not the stock of the United States...
67 U.S. 545 (_) 2 Black 545 PARKER v. WINNIPISEOGEE LAKE COTTON AND WOOLLEN COMPANY. Supreme Court of United States. *546 Mr. Curtis, of Massachusetts, for Appellant. Mr. Hackett, of New Hampshire, contra. Mr. Justice SWAYNE. This is a suit in equity. The appellant filed his bill to procure a remedy against an alleged nuisance. The Circuit Court dismissed the bill. He thereupon appealed to this Court. It appears in the case that the appellant is the owner in fee simple of a certain parcel of...
