68 U.S. 220 (_) 1 Wall. 220 GELPCKE ET AL. v. THE CITY OF DUBUQUE. No. 81. Supreme Court of United States. *221 Mr. JUSTICE SWAYNE, after stating the difference between the case and No. 80, and quoting this act, thus delivered the opinion of the court: "In this act it is clearly implied that cities have authority to subscribe for railroad stock, and to issue their bonds in payment of it. What is implied in a statute is as much a part of it as what is expressed. (United States v. Babbitt, 1...
154 U.S. 541 14 S. Ct. 1206 17 L. Ed. 604 MILWAUKEE & M. R. CO. v. JAMES T. SOUTTER. No. 268. February 23, 1864. Mr. Justice NELSON delivered the opinion of the court. 1 This is an appeal from an order made in the suit of Soutter and Bronson, trustees of the second-mortgage bonds of the La Crosse & Milwaukee Railroad Company, against the mortgagor and others, including the appellants as defendants, i the court below, for the foreclosure of the mortgage. The appellants made a motion in the...
154 U.S. 540 14 S. Ct. 1158 17 L. Ed. 604 MILWAUKEE & M. R. CO. v. SOUTTER. No. 267. February 23, 1864. Mr. Justice NELSON delivered the opinion of the court. 1 This is an appeal from an order of the court below overruling a motion on the part of the Milwaukee & Minnesota Railroad Company, the appellants, to remove the receiver in possession of the La Crosse & Milwaukee Railroad, and put the petitioners in the possession and control of the Eastern Division, extending from Milwaukee to Portage;...
154 U.S. 538 14 S. Ct. 1158 17 L. Ed. 637 UNITED STATES v. OLVERA et al. No. 149. March 7, 1864. Mr. Justice NELSON delivered the opinion of the court. 1 This is an appeal from the United States district court for the southern district of California. 2 The case involves the title to six square leagues of land, known by the name of 'Los Alamos' and 'Agua Caliente,' in the county of Los Angeles, under a Mexican grant dated 27th May, 1846. It was accompanied by a map designating the out boundaries...
68 U.S. 766 17 L. Ed. 712 1 Wall. 766 UNITED STATES v. CAREY JONES. December Term, 1863 LIKE the preceding case, this one came before the court upon appeal from a decree of the Distric Court of the United States for the Southern District of California, and arose originally upon a petition for the confirmation of a land claim, before the Board of Commissioners appointed under the act of the 3d March, 1851. The grant in this case was thus: 'PIO PICO, CONSTITUTIONAL GOVERNOR, &c. 'Whereas, Don...
154 U.S. 537 14 S. Ct. 1158 17 L. Ed. 568 UNITED STATES v. HALLOCK. No. 113. February 8, 1864. Mr. Justice GRIER delivered the opinion of the court. 1 The questions which affect the decision of this case have all been before this court in the 'Prize Cases,' decided at last term, and reported in 2 Black, 665. 2 On the 7th of July, 1861, the bark Pilgrim was attempting to enter the port of New Orleans, but ran aground in the night near Passe a l'Outre and was captured by the blockading vessels of...
154 U.S. 536 14 S. Ct. 1157 17 L. Ed. 558 RICHARDSON v. LAWRENCE COUNTY. No. 100. January 25, 1864. Mr. Justice GRIER delivered the opinion of the court. 1 The certificate of division of opinion by the judges of the circuit court in this case is liable to the objection that one of the points submits the whole case. The first two present, in fact, but a single proposition, arising on the special verdict. 2 The law authorizing the issue of the bonds by the county required that the railroad...
68 U.S. 16 (1863) 1 Wall. 16 WRIGHT v. ELLISON. Supreme Court of United States. *19 Messrs. Carlisle and Cox for the appellant, Wright. Messrs. Bradley and Chetwood contra. *21 Mr. Justice SWAYNE delivered the opinion of the court. The determination of the case depends upon the solution of the question whether the complainant has shown himself entitled to an equitable lien upon the fund, to which the controversy relates. The instrument executed by Goodrich, the master of The Caspian, to...
68 U.S. 398 (1863) 1 Wall. 398 WOODS v. FREEMAN. Supreme Court of United States. *399 Mr. Merriman, for the defendant in error. Mr. Justice DAVIS delivered the opinion of the court, and after stating facts, proceeded thus: There was no "mark, word, or character" on the record of the judgment to indicate the amount of taxes for which it was rendered against the land, which was undoubtedly the reason why the court rejected the evidence. In the construction of local statutes affecting the titles...
68 U.S. 660 (1863) 1 Wall. 660 WHITE v. UNITED STATES. Supreme Court of United States. *671 Messrs. Cushing and Gillet, for the appellants (title of Ortega). Messrs. Black, Reverdy Johnson, and Wills, contra. *680 Mr. Justice SWAYNE delivered the opinion of the court. It would be a waste of time to analyze the conflicting testimony, to weigh against each other the parts which are in conflict, or to attempt to explain or reconcile their antagonisms. It will be sufficient to indicate the...
68 U.S. 518 (1863) 1 Wall. 518 WHEELER v. SAGE. Supreme Court of United States. *525 Mr. Emmons, for the appellant, Wheeler. Mr. Carpenter, contra. *527 Mr. Justice DAVIS delivered the opinion of the court. The right to recover is placed mainly on two grounds. First. That Sage, in the absence of any agreement, could not by private treaty become interested in the mortgaged property, to the exclusion of the other partners. Second. That there was an agreement that Sage should act *528 as the agent...
68 U.S. 291 (1863) 1 Wall. 291 VAN HOSTRUP v. MADISON CITY. Supreme Court of United States. *293 Mr. Johnson, for the city of Madison. Messrs. Porter and Roelker, contra. *295 Mr. Justice NELSON delivered the opinion of the court: One point of objection to the bonds is that the Columbus and Shelby Railroad does not, by the terms of its charter or in fact, terminate at the city of Madison; and hence, that the road is not within the description of one in which the city was authorized to take...
68 U.S. 412 17 L. Ed. 635 1 Wall. 412 UNITED STATES v. YORBA. December Term, 1863 THIS was an appeal by the United States from the decree of the District Court for the Southern District of California. The respondent claimed a tract of land, called La Sierra , situated in the present county of Los Angeles, State of California; and in October, 1852, presented a petition to the Board of Commissioners, created by the act of March 3d, 1851, to ascertain and settle private land claims in California,...
68 U.S. 745 (1863) 1 Wall. 745 UNITED STATES v. WORKMAN ET AL. Supreme Court of United States. *754 Messrs. Bates, A.G., and Wills, for the United States. Messrs. Butterworth and Walker, contra. *758 Mr. Justice CLIFFORD delivered the opinion of the court. Appellees, in their petition to the commissioners, represented that Governor Pio Pico, on the eighth day of June, 1846, granted, sold, and conveyed in full property unto the first-named appellee and one Perfecto Huge Reid, the mission of San...
68 U.S. 658 (1863) 1 Wall. 658 UNITED STATES v. VALLEJO. Supreme Court of United States. *659 Mr. Wills, for the United States. Mr. Justice MILLER delivered the opinion of the court. The objection to the quality of the land does not seem to be sustained by the testimony. If there be a difference in quality between the part surveyed and the part left, it must be too slight to be the subject of consideration here. It is certainly true that the surplus left to the United States should have been in...
68 U.S. 104 17 L. Ed. 569 1 Wall. 104 UNITED STATES v. SEPULVEDA. December Term, 1863 BY acts of Congress, of March 3d, 1851, 1 and of August 31st, 1852, 2 the District Courts of the United States for California, were authorized, on appeal from the Board of Land Commissioners, which body was empowered to settle any claim to land in California that any person might set up by virtue of any right or title derived from the Spanish or Mexican government,—'to decide upon the validity of the said...
68 U.S. 706 17 L. Ed. 626 1 Wall. 706 UNITED STATES v. MORILLO. December Term, 1863 APPEAL by the United States from the decree of the District Court for the Southern District of Claifornia, confirming a claim to land under the act of 3d March, 1851, entitled 'An act to ascertain and settle the private land claims in the State of California.' 1 The act having, by a previous section, enacted that 'each and every person' claiming lands in California under title derived from the Spanish or Mexican...
68 U.S. 400 (1863) 1 Wall. 400 UNITED STATES v. MORENO. Supreme Court of United States. *402 Mr. Willes, for the United States. Mr. Justice SWAYNE delivered the opinion of the court: The first objection refers to the proof of the signatures of the governor and secretary to the deed to Moreno, which was made by persons acquainted with their handwriting, without those officers being called or their absence accounted for. *403 There are no subscribing witnesses to the deed. It was therefore...
68 U.S. 326 17 L. Ed. 597 1 Wall. 326 UNITED STATES v. JOHNSON. December Term, 1863 APPEAL from the District Court of the United States for the Southern District of California, the case being thus: Johnson and others, the respondents, claimed title under the Mexican government, through one Chaves, to a tract of land called Pleyto , lying in the present county of Monterey, State of California, and containing about three leagues; which land he had petitioned for on the 2d of June, 1845. The deed...
68 U.S. 439 (1863) 1 Wall. 439 UNITED STATES v. HALLECK ET AL. Supreme Court of United States. *445 Messrs. Della Torre and Wills, for the appellants. *450 A.P. Catlin and J.S. Black, for respondent. *449 *452 Mr. Justice FIELD delivered the opinion of the court: This case comes before us on appeal from a decree of the District Court of the United States for the Northern District of California, approving the survey of the tract confirmed to Folsom, the testator of the respondents. The grant to...
