154 U.S. 663 14 S. Ct. 1192 26 L. Ed. 176 McLAUGHLIN v. FOWLER. SAME v. THORPE. Nos. 94 and 95. December 13, 1880. Henry Wise Garnett, for plaintiff in error. Mr. Chief Justice WAITE delivered the opinion of the court. 1 The only federal question in these cases is whether the patents to the Western Railroad Company f r lands within the limits of the Moquelomnes grant are valid. If that question was not decided by the court below, we have no jurisdiction; if it was, the judgment was right,...
154 U.S. 655 14 S. Ct. 1200 25 L. Ed. 974 DALLAS COUNTY, MISSOURI, v. ALFRED HUIDEKOPER. SAME v. WILLIAM H. DAVOL. Nos. 224 and 226. April 5, 1880. S. H. Boyd, A. D. Matthews, and B. L. Brush, for appellant. Joseph Shippen, for appellees. Mr. Chief Justice WAITE delivered the opinion of the court. 1 These are suits in equity to enjoin the collection of judgments against Dallas county on coupons for interest attached to the same class of bonds just considered in Dallas Co. v. Huidekoper (No. 225)...
103 U.S. 522 (_) DENNISON v. ALEXANDER. Supreme Court of United States. Mr. Albert G. Riddle for the appellant. Mr. Joseph J. Stewart for the appellee. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. We think this case is governed by Railroad Company v. Grand, 98 U.S. 398 . In that case we held that the act of Feb. 25, 1879, c. 99, sects. 4, 5 (20 Stat. 320), took away our right to hear and determine cases from the Supreme Court of the District of Columbia where the matter in...
101 U.S. 403 (_) BANK v. SHERMAN. HICKLING v. SHERMAN. Supreme Court of United States. *404 Mr. Julius Rosenthal and Mr. A.M. Pence, for bank. Mr. Albion Cate for Hickling. Mr. J.S. Polk and Mr. L.H. Bisbee for Sherman. MR. JUSTICE SWAYNE delivered the opinion of the Court. These are suits in equity. Our attention will first be given to the first-named case. The bill was filed by the appellee, Hoyt Sherman, as assignee in bankruptcy of Benjamin F. Allen, to reach certain securities therein...
102 U.S. 415 (_) DANIELS v. TEARNEY. Supreme Court of United States. Mr. Daniel B. Lucas for the plaintiffs in error. Mr. Charles J. Faulkner, contra. MR. JUSTICE SWAYNE delivered the opinion of the court. This is a writ of error, brought to reverse a judgment of the Supreme Court of Appeals of the State of West Virginia. The case, as disclosed in the record, may be sufficiently stated for the purposes of this opinion, as follows:- *416 On the 18th of April, 1861, a convention of the State of...
101 U.S. 612 (_) GATES v. GOODLOE. Supreme Court of United States. *613 Mr. Luke W. Finlay for the plaintiffs in error. Mr. Joseph B. Heiskell, contra. MR. JUSTICE HARLAN delivered the opinion of the court. The original decree in the second Chancery Court of Shelby County, Tennessee, for $8,821.49, was rendered against S.M. Gates, A.M. Wood, and Milton McKnight, partners under the name of Gates, Wood, & McKnight, and on appeal to the Supreme Court of Tennessee, it was, to the extent of $7,840....
101 U.S. 99 (_) BAKER v. SELDEN. Supreme Court of United States. Mr. Alphonso Taft and Mr. H.P. Lloyd for the appellant. Mr. C.W. Moulton and Mr. M.I. Southard for the appellee. MR. JUSTICE BRADLEY delivered the opinion of the court. Charles Selden, the testator of the complainant in this case, in the year 1859 took the requisite steps for obtaining the copyright *100 of a book, entitled "Selden's Condensed Ledger, or Book-keeping Simplified," the object of which was to exhibit and explain a...
154 U.S. 658 14 S. Ct. 1216 31 L. Ed. 598 WILLIAM WOODFOLK et al. v. JAMES A. SEDDONS. No. 943. March 2, 1880. T. D. W. Yonley, for appellants. A. H. Garland, for appellee. Mr. Chief Justice WAITE delivered the opinion of the court. 1 After a careful considerat on of this case, we are entirely satisfied that the consideration of the note executed by William W. Woodfolk to his son, William Woodfolk, on which alone the title of the son to the property in controversy depends, was fictitious, and...
101 U.S. 810 101 U.S. 810 25 L. Ed. 875 DUNCAN v. GEGAN. October Term, 1879 APPEAL from the Circuit Court of the United States for the District of Louisiana. Elam Bowman executed, Feb. 2, 1855, a mortgage in favor of Stephen Duncan on Waver Tree plantation, consisting of three thousand four hundred acres of land in the parish of Tensas, La., his wife intervening in the act, and renouncing her rights of tacit mortgage in favor of Duncan. It was inscribed in the recorder's office of that parish...
101 U.S. 37 (_) THE "FLORIDA." Supreme Court of United States. *38 The case was argued by Mr. Benjamin F. Butler and Mr. Frank W. Hackett for the appellant. The Solicitor-General, contra. *41 MR. JUSTICE SWAYNE, after stating the facts, delivered the opinion of the court. The legal principles applicable to the facts disclosed in the *42 record are well settled in the law of nations, and in English and American jurisprudence. Extended remarks upon the subject are, therefore, unnecessary. See...
154 U.S. 667 14 S. Ct. 1191 26 L. Ed. 86 FRANCE et al. v. STATE OF MISSOURI ex rel. SMITH. No. 915. October 25, 1880. Mr. Chief Justice WAITE delivered the opinion of the court. 1 This was a proceeding by quo warranto to exclude the plaintiffs in error, who were the defendants below, from the further use of the franchises of a lottery, known as the 'Missouri State Lottery,' on the ground that the event had happened which fixed the period for the termination of the grant under which they were...
102 U.S. 442 (_) SWIFT v. SMITH. Supreme Court of United States. Mr. William C. Goudy for the appellants. Mr. William T. Burgess and Mr. Van H. Higgins, contra. MR. JUSTICE STRONG delivered the opinion of the court. The appellants complain of the decree of the Circuit Court because it adjudged that the complainant, Janet Smith, as administratrix of David Smith, deceased, had a lien on the lots described in the bill, by virtue of the deed of trust purporting to have been made by George N....
101 U.S. 22 (_) MISSOURI v. LEWIS. Supreme Court of United States. *26 Mr. Jeremiah S. Black, Mr. George F. Edmunds, and Mr. David Wagner for the plaintiff in error. Mr. Henry Hitchcock and Mr. Chester H. Krum, contra. *29 MR. JUSTICE BRADLEY delivered the opinion of the court. By the Constitution and laws of Missouri an appeal lies to the Supreme Court of that State from any final judgment or decree of any circuit court, except those in the counties of Saint Charles, Lincoln, Warren, and Saint...
101 U.S. 164 (_) UNITED STATES v. LAWSON. Supreme Court of United States. The Solicitor-General for the United States. Mr. John Scott, Jr., for the appellee. MR. JUSTICE CLIFFORD delivered the opinion of the court. Compensation to collectors of the customs from the organization of the government to the present time has been chiefly derived from certain enumerated fees, commissions, and allowances, to which is added a prescribed sum, called salary, much less than a reasonable compensation for...
101 U.S. 170 (_) UNITED STATES v. ELLSWORTH. Supreme Court of United States. The Solicitor-General for the United States. Mr. J.W. Douglass, contra. MR. JUSTICE CLIFFORD delivered the opinion of the court. Goods imported at the period mentioned in the declaration might be stored, under the warehouse acts, in the public stores legally established at the port of which the petitioner is collector. Due indemnity to the United States was given by the railroad company, at whose request the public...
102 U.S. 118 (_) SCHOONMAKER v. GILMORE. Supreme Court of United States. *119 Mr. Alexander M. Watson in support of the motions. Mr. Hill Burgwin, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The single question in this case is, whether the courts of the United States, as courts of admiralty, have exclusive jurisdiction of suits in personam, growing out of collisions between vessels while navigating the Ohio River. This is a Federal question, and gives us jurisdiction;...
100 U.S. 508 100 U.S. 508 25 L. Ed. 631 UNITED STATES v. BOWEN. October Term, 1879 APPEAL from the Court of Claims. Charles Bowen filed in the court below his petition alleging that the United States unlawfully withheld from him $270, being the amount due him from Sept. 13, 1876, when he was admitted as an inmate of the 'Soldiers' Home,' to Dec. 4, 1877, upon his pension theretofore granted, by reason of a wound received by him in the military service of the United States. That court found the...
101 U.S. 181 (_) PEOPLE'S BANK v. NATIONAL BANK. Supreme Court of United States. Mr. Charles W. Thomas for the plaintiff in error. No counsel appeared for the defendant in error. MR. JUSTICE SWAYNE delivered the opinion of the court. This case was submitted to the court without the intervention of a jury. The court found the facts and gave judgment for the defendant. The plaintiff thereupon sued out this writ of error and brought the case here for review. The act of Congress regulating the...
101 U.S. 721 (_) PHILLIPS v. GILBERT. Supreme Court of United States. *722 Mr. George F. Appleby for the appellant. Mr. Enoch Totten and Mr. S.R. Bond for the appellees. MR. JUSTICE BRADLEY delivered the opinion of the court. The controversy in this case is as to the validity of a mechanic's lien claimed by the appellant upon certain houses and lots in the city of Washington. The defendant, Gilbert, in August, 1871, was the owner of the lots, and proposed to erect a row of brick buildings...
102 U.S. 426 (_) McELRATH v. UNITED STATES. Supreme Court of United States. *429 Mr. Frank W. Hackett for the appellant. The Attorney-General for the United States. *435 MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court. The first and second assignments of error proceed upon the ground that, notwithstanding the order of dismissal of June 19, *436 1866, and the subsequent appointment, by and with the advice and consent of the Senate, of Haycock as a first lieutenant...
