84 U.S. 560 (1873) 17 Wall. 560 RAILROAD COMPANY v. FULLER. Supreme Court of United States. *562 Messrs. H.C. Henderson and B.C. Cook, for the plaintiff in error. Messrs. J. Hubley Ashton and N. Wilson, contra. *566 Mr. Justice SWAYNE delivered the opinion of the court. The case lies within a narrow compass, and presents but a single question for our consideration. That question is not difficult of solution. The second section, chapter 169, of the laws of the ninth General Assembly of Iowa is...
82 U.S. 660 21 L. Ed. 104 15 Wall. 660 UNITED STATES v. BENNETT. December Term, 1872 ERROR to the Circuit Court for the Southern District of Ohio; the case being thus: By the acts of July 1st, 1862, 1 and July 13th, 1866 2 it was made lawful to transport distilled spirits without payment of taxes, from a bonded warehouse owned by the distiller to any general bonded warehouse used under the internal revenue laws, upon giving a 'transportation bond,' and complying with certain regulations...
154 U.S. 593 14 S. Ct. 1171 21 L. Ed. 672 THE ADELIA. HOLYOKE v. JACKSON. No. 65. November 17, 1873. Mr. Justice BRADLEY delivered the opinion of the court. 1 The steam tug Adelia had 15 barges in tow on the Hudson river, bound from Albany to New York. The barges were arranged under the directions of the master of the Adelia, four abreast, and in four tiers. The libelant's barge, Alaska, was on the larboard side of the front tier, about 300 feet in rear of the tug. The other tiers followed at...
84 U.S. 167 21 L. Ed. 624 17 Wall. 167 CRILLEY v. BURROWS December Term, 1872 1 At the same time with the preceding was adjudged another, Crilley v. Burrows , which the court said (Mr. Justice DAVIS delivering the opinion) was 'in no essential respect different from it;' and had 'no principle which had not already been passed upon by this court in some one of the suits relating to this protracted litigation.' On this account it is no further reported.
82 U.S. 562 21 L. Ed. 250 15 Wall. 562 YOUNG v. GODBE. December Term, 1872 IN error to the Supreme Court of the Territory of Utah. Godbe filed a complaint in the court below against Brigham Young, ' as trustee in trust of the Church of Jesus Christ, a religious association in the Territory of Utah ,' alleging an account stated by 'said defendant' prior to February 12th, 1866, and upon such statement a balance of $10,020 'due from said defendant;' a payment of $5000, May 30th, 1868, and praying...
84 U.S. 473 (1873) 17 Wall. 473 WILSON v. CITY BANK. Supreme Court of United States. *478 Mr. E.G. Rogers, for the assignee in bankruptcy. Mr. Harvey Officer, contra, citing Wright v. Filley, [ ] as in point, and other cases. *480 Mr. Justice MILLER delivered the opinion of the court. The questions presented to this court by the certificate of division require, for a satisfactory answer, a careful consideration and construction of sections thirty-five and thirty-nine of the Bankrupt law, with...
84 U.S. 144 (1872) 17 Wall. 144 WILLIAMS v. BAKER. CEDAR RAPIDS RAILROAD CO. v. DES MOINES NAVIGATION CO. Supreme Court of United States. *145 Messrs. I. Cook and B.R. Curtis, for the title under the Cedar Rapids Railroad Company; Mr. T.F. Withrow, contra, for that under the Des Moines Company. Mr. Justice MILLER delivered the opinion of the court. The foundations of the title on each side of this controversy rest on acts of Congress, and the decision of the cases requires their construction....
85 U.S. 91 21 L. Ed. 804 18 Wall. 91 WILLETT v. FISTER. October Term, 1873 1 APPEAL from the Supreme Court of the District of Columbia; the case being thus: 2 John Fister, a butcher, had a stall in market where he sold pork. He bought his hogs of V. Willett and W. E. Clark, trading as V. Willett & Co., and there was a pass-book held by Fister in which the debits and credits were entered of the transactions between the parties; the original entries being made on the commercial books of Willett &...
85 U.S. 322 (1873) 18 Wall. 322 WESTRAY v. UNITED STATES. Supreme Court of United States. *326 Mr. Ethan Allen, for the plaintiffs in error. Mr. G.H. Williams, Attorney-General, and Mr. S.F. Phillips, Solicitor-General, contra. *328 Mr. Justice STRONG delivered the opinion of the court. The acts of Congress which regulate the collection of duties upon imported articles are imperative that, on the entry of any goods, wares, or merchandise, the decision of the collector of customs, at the port of...
85 U.S. 57 (1873) 18 Wall. 57 WEBER v. THE BOARD OF HARBOR COMMISSIONERS. Supreme Court of United States. *63 Messrs. S. Heydenfelt and W. Irvine, for the appellant, argued. *64 Mr. Justice FIELD delivered the opinion of the court. It is unnecessary for the disposition of this case to question the doctrine, that a riparian proprietor, whose land is bounded by a navigable stream, has the right of access to the navigable part of the stream in front of his land, and to *65 construct a wharf or...
83 U.S. 566 (_) 16 Wall. 566 WATER COMPANY v. WARE. Supreme Court of United States. *569 Mr. W.H. Peckham, for the plaintiff in error. Mr. M. Lamprey, contra. *570 Mr. Justice CLIFFORD delivered the opinion of the court. Injuries of a physical nature were received by the plaintiff *571 through an obstruction in one of the public streets of the city of St. Paul, occasioned, as he alleges, by an employé of the corporation defendants, for whose acts they are responsible, and he instituted the...
83 U.S. 314 (_) 16 Wall. 314 WALKER v. WHITEHEAD. Supreme Court of United States. *315 Mr. P. Phillips, for the plaintiff in error; no opposing counsel. Mr. Justice SWAYNE stated the case, and delivered the opinion of the court. The case, as it appears in the record, is as follows: On the 1st of January, 1870, the plaintiff in error instituted this suit against the defendant in error upon a promissory note, made by the latter to the former, dated March 28th, 1864, for $7219.47, payable on the...
83 U.S. 436 (_) 16 Wall. 436 WALKER v. HENSHAW. Supreme Court of United States. *441 Messrs. W.T. Otto and J.P. Usher, for the plaintiffs in error; Messrs. Thacher and Banks, contra. Mr. Justice DAVIS delivered the opinion of the court. If the land in controversy was subject to the location of the Wyandotte float before it was proclaimed open to pre-emption and settlement, the title of the plaintiffs cannot be divested by any supposed equity growing out of the pre-emption of the defendants. If,...
83 U.S. 577 (_) 16 Wall. 577 WALBRUN v. BABBITT. Supreme Court of United States. *580 Mr. T.J. Durant, for the plaintiff in error; Mr. Nathaniel Myers, contra. Mr. Justice DAVIS delivered the opinion of the court. In the view we take of this case it is not necessary to notice the assignments of error upon the instructions to the jury by the court below. In some respects they may be technically inaccurate, and in others they were far too favorable to the defendants. But, in any event, they did...
83 U.S. 584 (_) 16 Wall. 584 WAGER ET AL. v. HALL. Supreme Court of United States. *591 Messrs. J.B. Cassady and W. Merill, for the appellant. *594 *595 Mr. Justice CLIFFORD delivered the opinion of the court. Preferences as well as fraudulent conveyances, if made within four months before the filing of the petition by or against the bankrupt, are forbidden by the Bankrupt Act, but three things must be proved in order that the transaction may come within that prohibition and be affected by it...
83 U.S. 16 (_) 16 Wall. 16 VOORHEES v. BONESTEEL AND WIFE. Supreme Court of United States. *24 Mr. J.P.C. Cottrill, for the appellants; Messrs. J. Winslow and J.M. Van Cott, contra. Mr. Justice CLIFFORD delivered the opinion of the court. Assignees of the estate of the debtor, in a proceeding in bankruptcy, may be chosen by the creditors, or if they make no choice, at their first meeting, the judge, or, in case there is no opposing interest, the register, may make the appointment, subject to...
82 U.S. 337 (1872) 15 Wall. 337 UNITED STATES v. THOMAS. Supreme Court of United States. *339 Mr. G.H. Williams, Attorney-General, and Mr. C.H. Hill, Assistant Attorney-General, for the plaintiff in error. Mr. Henry Cooper, contra. *341 Mr. Justice BRADLEY delivered the opinion of the court. This case brings up squarely the question whether the forcible seizure, by the rebel authorities, of public moneys in the hands of loyal government agents, against their will, and without their fault or...
84 U.S. 322 (1872) 17 Wall. 322 UNITED STATES v. RAILROAD COMPANY. Supreme Court of United States. *324 Mr. G.H. Williams, Attorney-General, and Mr. S.F. Phillips, Solicitor-General, for the plaintiff in error; Messrs. J.H.B. Latrobe and I.N. Steele, contra. Mr. Justice HUNT delivered the opinion of the court. The defendants insist, firstly, that the section in question does not lay a tax upon the corporations therein named, and by whom the tax is payable, upon their own account, but *325 uses...
84 U.S. 601 (1873) 17 Wall. 601 UNITED STATES v. LAPÈNE. Supreme Court of United States. *602 Mr. S.F. Phillips, Solicitor-General, for the appellant, relied on Griswold v. Waddington, [*] United States v. Grossmayer, [ ] and Montgomery v. United States. [ ] Mr. W.P. Clarke, contra, sought to distinguish the case from the cases mentioned, and relied on United States v. Anderson. [§] Mr. Justice HUNT delivered the opinion of the court. All commercial contracts with the subjects or in the...
82 U.S. 34 (1872) 15 Wall. 34 UNITED STATES v. KELLY. Supreme Court of United States. *36 Mr. C.H. Hill, Assistant Attorney-General, contra. The CHIEF JUSTICE delivered the opinion of the court. We do not think that, under the circumstances of the present case, the bounty was forfeited. The able lawyer who fills at present the post of Judge Advocate General, in a case similar to the present, held that "the honorable discharge of the deserter was a formal final judgment passed by the government...
