103 U.S. 562 (_) HARTER v. KERNOCHAN. Supreme Court of United States. *563 Mr. W.J. Henry for the appellant. Mr. George A. Sanders, contra. MR. JUSTICE HARLAN delivered the opinion of the court. This suit involves the liability of the township of Harter, in the county of Clay, State of Illinois, upon certain bonds, signed by its supervisor, countersigned by its clerk, and issued, in its name, under date of April 1, 1870. They were each made payable in the sum of $1,000 to the Illinois...
104 U.S. 185 (_) THE "ANNIE LINDSLEY." Supreme Court of United States. *187 Mr. Robert D. Benedict for the appellant. Mr. Wilhelmus Mynderse, contra. MR. JUSTICE WOODS, after stating the case, delivered the opinion of the court. The assignments of error, which are sixteen in number, may be fairly condensed as follows: 1. The court erred in refusing to find the facts as requested by the claimant. 2. The court erred in refusing to find the conclusions of law as requested by the claimant. 3. The...
154 U.S. 668 14 S. Ct. 1193 26 L. Ed. 486 GREEN v. FISK et al. No. 965. April 4, 1881. Mr. Chief Justice WAITE delivered the opinion of the court. 1 This, like Green v. Fisk (just decided) 103 U.S. 518 , is a motion to dismiss an appeal in a partition suit because the decree appealed from is not final, and also because the value of the matter in dispute does not exceed $5,000. The appellees (complainants below) claim to be the owners each of one-eighth of the property to be divided, which it is...
104 U.S. 209 (_) WILLIAMS v. NOTTAWA. Supreme Court of United States. Submitted on printed arguments by Messrs. Hughes, O'Brien, & Smiley for the plaintiff in error, and by Mr. Charles Upson for the defendant in error. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This suit was brought by Williams, a citizen of Indiana, against the township of Nottawa, a municipal corporation of Michigan, to recover the amount alleged to be due on certain of its bonds, negotiable by the law...
104 U.S. 1 (_) RAILROAD COMPANY v. HAMERSLEY. Supreme Court of United States. Mr. R.D. Hubbard and Mr. C.E. Perkins for the plaintiff in error. Mr. William Hamersley and Mr. John R. Buck, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The New Haven and Northampton Company is a Connecticut corporation, authorized to construct and operate a railroad from New Haven, through the town of Southington, to the Massachusetts State line. It has full power to erect and maintain toll-...
103 U.S. 575 (_) ASHBURNER v. CALIFORNIA. Supreme Court of United States. *577 Mr. Alfred Barstow for the plaintiff in error. Mr. John H. McCune and Mr. A.P. Catlin, contra. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. By the act of June 30, 1864, c. 184, the United States granted to the State of California the Yosemite Valley and the Mariposa Big Tree Grove, "with the stipulation, nevertheless, that the State shall accept this grant upon the express condition that the premises...
103 U.S. 447 (_) UNITY v. BURRAGE Supreme Court of United States. *452 Mr. W.J. Henry for the plaintiff in error. Mr. James Dinsmoor, contra. *454 MR. JUSTICE WOODS, after stating the case, delivered the opinion of the court. The plaintiff in error alleges that the act of March 27, 1869, by authority of which the bonds sued on were issued, is a private act, and should have been specially recited in the declaration; and as the declaration contains no such recital, it is bad on general demurrer....
103 U.S. 222 (1880) RELFE v. RUNDLE. Supreme Court of United States. Mr. James Carr and Mr. George D. Reynolds for the appellant. Mr. Armand Pitot for the appellee. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The Life Association of America was, on the 5th of November, 1879, a corporation of the State of Missouri, for the purpose of doing a life insurance business, with its chief office at St. Louis, in that State. By the laws of Missouri, the superintendent of the insurance...
103 U.S. 821 (_) RAILROAD COMPANY v. FALCONER. RAILROAD COMPANY v. WEEKS. Supreme Court of United States. Mr. Richard T. Merrick, for the plaintiff in error. Mr. Richard P. Marvin and Mr. Clarkson N. Potter, contra. MR. JUSTICE BRADLEY delivered the opinion of the court. The first of these cases was a petition filed by certain tax-payers of the town of Ellicott, in Chatauque County, New York, on behalf of themselves and others, against the Buffalo and Jamestown Railroad Company and Weeks, Breed,...
103 U.S. 673 (_) McCARTHY v. PROVOST. Supreme Court of United States. Mr. Thomas J. Semmes for the appellant. Mr. Henry B. Kelly for the appellee. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. We have no jurisdiction in this case. The suit was brought to recover one two hundred and fortieth part of certain lands, and for a partition so as to set off to the appellant in severalty that interest. It is averred in the bill that "the value of the property sought to be partitioned...
103 U.S. 606 (_) BABBITT v. CLARK. Supreme Court of United States. Mr. John C. Lee for the appellant. Mr. Isaac C. Pugsley for the appellees. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This suit was brought by Parker P. Clark, George H. Clark, *607 Elijah F. Clark, and George P. Burnett, the appellees, citizens of New York, in the Court of Common Pleas of Lucas County, Ohio, against Albert T. Babbitt, the appellant, a citizen of Wyoming Territory. By the statutes of Ohio...
104 U.S. 180 104 U.S. 180 26 L. Ed. 705 THE 'WOODLAND.' October Term, 1881 APPEAL from the Circuit Court of the United States for the Southern District of New York. The facts are stated in the opinion of the court. Mr. James Ridgway and Mr. William R. Beebe for the appellants. Mr. Henry J. Scudder, contra . MR. CHIEF JUSTICE WAITE delivered the opinion of the court. 1 This is a suit in admiralty to recover of the back 'Woodland' and her freight the amount of two drafts drawn by the master of...
104 U.S. 111 (_) NEVADA BANK v. SEDGWICK. Supreme Court of United States. Mr. John E. Ward for the plaintiff in error. No counsel appeared for the defendant in error. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. This suit was brought by a bank incorporated under the laws of, and having its principal place of business in, California, against a collector of the internal revenue of the United States, to recover taxes alleged to have been illegally exacted under the second clause of...
103 U.S. 370 (_) NEAL v. DELAWARE. Supreme Court of United States. *379 Mr. Charles Devens and Mr. Anthony Higgins for the plaintiff in error. Mr. George Gray, Attorney-General of Delaware, contra. *385 MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court. The assignments of error are numerous, but they are all embraced by the general proposition that the court erred as well in proceeding with the case after the petition for removal was filed, as in denying the motions...
103 U.S. 336 (_) BLAKE v. McKIM. Supreme Court of United States. Mr. Joshua D. Ball for the plaintiffs in error. Mr. James C. Davis, contra. MR. JUSTICE HARLAN delivered the opinion of the court. This action was commenced in one of the courts of Massachusetts, by a citizen of Massachusetts for the use of citizens of that State, against the executors of George Baty Blake, two of whom are citizens of Massachusetts and one a citizen of New York. It is upon a probate bond, executed by James M. Howe,...
103 U.S. 494 (_) DIETZSCH v. HUIDEKOPER. Supreme Court of United States. Mr. Edwin Walker for the appellants. Mr. Henry Crawford, contra. *495 MR. JUSTICE WOODS delivered the opinion of the court. After the recovery of the judgment at law, on June 5, 1878, by Charles Kern, one of the appellants, in the Circuit Court for the County of Cook, in the action of replevin mentioned in Kern v. Huidekoper, supra , p. 485, notwithstanding the removal of the said cause to the Circuit Court of the United...
104 U.S. 197 (_) INSURANCE COMPANY v. TREFZ. Supreme Court of United States. Mr. A.Q. Keasbey for the plaintiff in error. Mr. Joseph Coult, contra. MR. JUSTICE MATTHEWS delivered the opinion of the court. This action was brought by Christina Trefz against the Knickerbocker Life Insurance Company upon two policies of insurance issued to her upon the life of her husband, Christoph Trefz, both dated Sept. 6, 1873, one for $2,500, the other for $8,500. It resulted in a verdict and judgment in her...
104 U.S. 291 (_) GILES v. LITTLE. Supreme Court of United States. *293 Mr. James M. Woolworth for the plaintiff in error. Mr. T.M. Marquett, contra. MR. JUSTICE WOODS, after stating the case, delivered the opinion of the court. The contention of the plaintiff in error is, that Edith J. Dawson took, under the will of her deceased husband, Jacob Dawson, an estate for life, subject to be determined in case she contracted another marriage, with remainder to the heirs of Jacob Dawson; and that the...
103 U.S. 105 (_) CUCULLU v. HERNANDEZ. Supreme Court of United States. Mr. Joseph P. Hornor and Mr. William S. Benedict for the appellant. Mr. Thomas J. Semmes, contra. MR. JUSTICE WOODS delivered the opinion of the court. On Feb. 1, 1850, the complainant, Joseph S. Cucullu, was the owner of certain real estate situate in the parish of St. Bernard, in the State of Louisiana, known as the Myrtle Grove Plantation. On the day mentioned he made and delivered to one E. Villavaso his note of that...
104 U.S. 786 104 U.S. 786 26 L. Ed. 779 WOOD v. WEIMAR. October Term, 1881 ERROR to the Circuit Court of the United States for the Western District of Michigan. The facts are stated in the opinion of the court. Mr. L. D. Norris for the plaintiff in error. Mr. Edward Bacon and Mr. George M. Lawton for the defendant in error. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. 1 This was a suit in replevin begun by Wood, the mortgagee of a stock of goods in a hardware store at St. Joseph,...
