154 U.S. 544 14 S. Ct. 1161 18 L. Ed. 61 UNITED STATES v. DE HARO et al. MAHONEY v. UNITED STATES. Nos. 81 and 146. January 15, 1866. Mr. Justice GRIER delivered the opinion of the court. 1 The only question on these cases is as to the location of the half league confirmed to the heirs of De Haro. The boundaries as described in the diseno annexed to the grant would include a much larger quantity, all of which was claimed by the heirs. The district court, affirming the decision of the board of...
154 U.S. 547 14 S. Ct. 1209 18 L. Ed. 75 EVANS ROGERS v. LEE COUNTY. No. 95. January 22, 1866. Mr. Justice GRIER delivered the opinion of the court. 1 In this case the court instructed the jury that 'under the evidence the bonds issued were without authority and were void.' 2 The facts of this case, and the question of law arising thereon, are the same in substance as those in the preceding case of Rogers v. City of Keokuk, 14 Sup. Ct. 1162. Without again repeating our reasons, it is ordered...
154 U.S. 546 14 S. Ct. 1162 18 L. Ed. 74 ROGERS v. CITY OF KEOKUK. No. 94. January 22, 1866. Mr. Justice GRIER delivered the opinion of the court. 1 It might be objected to the certificate of division of opinion in this case that it is a submission of the whole case, first in separate propositions, and afterwards in a point containing all the rest. When the case was tried below, the questions on which it depends had not been decided by this court, and were considered doubtful, having received...
154 U.S. 548 14 S. Ct. 1162 18 L. Ed. 252 DUVALL v. UNITED STATES. No. 145. April 3, 1866. Mr. Justice SWAYNE delivered the opinion of the court. 1 This is a writ of error to the circuit court of the United States for the district of Maryland. 2 The United States filed in the district court a libel of information against certain goods seized, as was alleged, in transitu to a part of the state of Virginia then in insurrection. The libel was founded upon the fifth section of the act of congress...
70 U.S. 636 (1865) 3 Wall. 636 YOUNGE v. GUILBEAU. Supreme Court of United States. *639 Mr. Reverdy Johnson, for the plaintiff in error; Mr. G.W. Paschall, contra. Mr. Justice FIELD delivered the opinion of the court. The State of Texas has provided by her legislation, as has been done in other States, a system for the registry of deeds and conveyances affecting the title to real property; and in connection with it, has modified, in some particulars, the rule of the common law with respect to...
70 U.S. 107 (1865) 3 Wall. 107 YORK COMPANY v. CENTRAL RAILROAD. Supreme Court of United States. *109 Mr. Hitchcock, for the owners of the cotton. Mr. Tracy, contra. *111 Mr. Justice FIELD delivered the opinion of the court. The right of a common carrier to limit his responsibility by special contract has long been the settled law in England. It was the subject of frequent adjudication in her courts, and had there ceased to be a controverted point before the passage of the Carrier's Act of 1830....
71 U.S. 163 (_) 4 Wall. 163 WALKER v. UNITED STATES. Supreme Court of United States. *164 No one appeared against the motion. The CHIEF JUSTICE delivered the opinion of the court. By the terms of the twenty-second section of the Judiciary Act the jurisdiction of this court to re-examine the judgments of the Circuit Court, is limited to cases where the matter in dispute exceeds the sum or value of two thousand dollars. It has been a good deal controverted whether the sum or value in controversy...
70 U.S. 150 (1865) 3 Wall. 150 WALKER v. THE TRANSPORTATION COMPANY. Supreme Court of United States. *152 Mr. Rae, for the appellants; Mr. Spalding, contra. Mr. Justice MILLER delivered the opinion of the court. 1. The answer to the first of the two questions above presented, and which we have to consider, depends upon the construction to be given to the act of Congress. That the owners of vessels were liable at common law in the case stated in the question, had been decided by this court in...
70 U.S. 573 (1865) 3 Wall. 573 VAN ALLEN v. THE ASSESSORS. Supreme Court of United States. *581 Mr. Justice NELSON delivered the opinion of the court. The decree of the Court of Appeals, from which this case comes to us, must be reversed, on the ground that the enabling act of the State of New York, passed March 9, 1865, does not conform to the limitations prescribed by the forty-first section of the act of Congress, passed June 3, 1864, organizing the national banks, and providing for their...
70 U.S. 642 (1865) 3 Wall. 642 UNITED STATES v. SCOTT. Supreme Court of United States. *645 Mr. Speed, A.G., and Mr. Coffey, special counsel of the United States, contended (Messrs. McDonald and Niblack, contra) *646 Mr. Justice MILLER delivered the opinion of the court. The argument made in behalf of the United States is entitled to much consideration, and if there were nothing in the other provisions of the two statutes which have been discussed, to lead to the inference that Congress used...
70 U.S. 649 18 L. Ed. 217 3 Wall. 649 UNITED STATES v. MURPHY. December Term, 1865 An act of Congress, passed during the late rebellion, entitled 'An act for enrolling and calling out the national forces, and for other purposes,' and which has numerous provisions tending to prescribe a mode of giving effect to its purpose, provides in its 23d section, that 'If any person shall resist any draft of men enrolled under this act into the service of the United States, or shall counsel, or aid any...
71 U.S. 680 (_) 4 Wall. 680 UNITED STATES v. McMASTERS. Supreme Court of United States. The case was submitted on printed briefs of Mr. Stanbery, A.G., and Mr. Assistant Attorney-General Ashton, for the United States, plaintiff in error, and of Mr. Janin, contra. Mr. Justice NELSON delivered the opinion of the court. This suit was brought, in the court below, by the United States to recover possession of a tract of land situate in the Parish of St. Bernard, about ten miles below the city of New...
71 U.S. 642 (_) 4 Wall. 642 UNITED STATES v. LE BARON. Supreme Court of United States. *644 Messrs. Reverdy Johnson, E.S. Dargan, and G.N. Stewart, for the defendants in error. Mr. Ashton, Assistant Attorney-General, for the plaintiff in error. *647 Mr. Justice MILLER delivered the opinion of the court. It was decided, when this case was in this court before, that the bond, which is the foundation of the suit, was obligatory from the time of its acceptance by the Postmaster-General, and not...
70 U.S. 407 (1865) 3 Wall. 407 UNITED STATES v. HOLLIDAY. SAME v. HAAS. Supreme Court of United States. *410 Mr. Romeyn, for Holliday; no counsel appearing for Haas. *412 *413 Mr. Justice MILLER delivered the opinion of the court. [*] The questions propounded to this court in the two cases have a close relation to each other, and will be disposed of in one opinion. The first question on which the judges divided in the case against Haas is, "whether, under the act of February 13, 1862, the...
70 U.S. 752 (1865) 3 Wall. 752 UNITED STATES v. GOMEZ. Supreme Court of United States. *760 Messrs. Black and Goold, for the United States. Mr. Justice CLIFFORD delivered the opinion of the court. Claim of the appellee, as described in his petition to the land commissioners, was for a tract of land situated in California called Panoche Grande, of the extent of four square leagues, and he alleged that the tract was granted to him, in the year 1844, by Governor Manuel Micheltorena. Unable to...
70 U.S. 445 18 L. Ed. 243 3 Wall. 445 UNITED STATES v. FISK. December Term, 1865 THE 'Internal Revenue Act,' of 30th June, 1864, 'to provide ways and means for the support of government, and for other purposes,' declares, by its 99th section, as follows: 'All brokers and bankers doing business as brokers , shall be subject to pay the following duties and rates of duty upon the sales of merchandise, produce, gold and silver bullion, foreign exchange, promissory notes, stocks, bonds, or other...
70 U.S. 688 (1865) 3 Wall. 688 UNITED STATES v. DASHIEL. Supreme Court of United States. *690 Mr. Paschall, for Dashiel, defendant in error. Mr. Speed, A.G., contra; citing and relying on Merriam v. Haas. *697 Mr. Justice CLIFFORD delivered the opinion of the court. Defendants move to dismiss the case because it appears by the record, as they allege in the motion, that the judgment in the court below was in favor of the plaintiffs, and, that before suing out the writ of error, they obtained...
71 U.S. 182 18 L. Ed. 319 4 Wall. 182 UNITED STATES v. DASHIEL. December Term, 1866 ERROR to the District Court of the United States for the Western District of Texas. The suit was brought on the official bond of Dashiel, a paymaster in the army of the United States, and Paschall, one of his sureties, for breach of the condition in not paying over or accounting for public money that come into his hands. The only defence set up was by way of plea or answer, and in substance is, that Dashiel...
70 U.S. 441 18 L. Ed. 241 3 Wall. 441 UNITED STATES v. CUTTING. December Term, 1865 THE Internal Revenue Act of 30th June, 1864, * declares by its 99th section as follows: 'All brokers and bankers doing business as brokers, shall be subject to pay the following duties and rates of duty upon the sales of merchandise, produce, gold and silver bullion, foreign exchange, promissory notes, stocks, bonds, or other securities, &c., and shall also be subject to all the provisions, &c., of the act for...
70 U.S. 673 (1865) 3 Wall. 673 UNITED STATES v. CIRCUIT JUDGES. Supreme Court of United States. *674 Mr. Assistant Attorney-General Ashton and Mr. Black, for the relators and in support of the motion; Mr. W.W. Cope, contra. Mr. Justice NELSON delivered the opinion of the court. The question raised by the present application is a nice one in practice, and is not without its difficulties. The section itself does not provide for an appeal, and, unless the case is governed by some general law, or...
