106 U.S. 679 (_) GAY v. PARPART. Supreme Court of United States. *680 Mr. Arthur W. Windett and Mr. Edward S. Isham for the appellants. Mr. John S. Miller and Mr. Lawrence Proudfoot for the appellee. MR. JUSTICE MILLER delivered the opinion of the court. The issues raised by the pleadings in this suit are so well stated in the opinion of the district judge, sitting in the Circuit Court where the decree was rendered, that we cannot do better than to state them in his language. "By the original...
108 U.S. 158 (1883) SHAINWALD, Receiver, and Others v. LEWIS. Supreme Court of United States. Decided March 26th, 1883. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEVADA. Mr. T.L. Crittenden and Mr. Franklin H. Mackey for appellants. Mr. Albert Bach for defendant. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. Isaac J. Lewis, a citizen of Nevada, the appellee, on the 15th of January, 1881, brought suit against Harris Lewis, a citizen of California, for...
109 U.S. 205 (1883) BOOTH and others, v. TIERNAN. Supreme Court of United States. Submitted November 1st, 1883. Decided November 12th, 1883. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. Mr. B.C. Cook and Mr. Charles W. Needham for the plaintiffs in error. Mr. William Burry for the defendant in error. MR. JUSTICE MATTHEWS delivered the opinion of the court. *206 This was an action of ejectment brought by the defendant in error against the plaintiffs...
107 U.S. 365 (_) WIGGINS FERRY COMPANY v. EAST ST. LOUIS. Supreme Court of United States. *370 Mr. H.P. Buxton for the appellant. Mr. M. Millard, Mr. J.M. Freels, and Mr. B.H. Canby for the appellee. MR. JUSTICE WOODS delivered the opinion of the court. The first contention of the plaintiff in error is that the fourth section of the act of 1819, which declared that the Wiggins Ferry should be subject to the same taxes as were then or might thereafter be imposed on other ferries within the State,...
109 U.S. 189 (1883) SNYDER v. MARKS, Collector. Supreme Court of United States. Submitted November 1st, 1883. Decided November 15th, 1883. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. *191 Mr. J.D. Rouse and Mr. W. Grant for the appellant. Mr. Solicitor-General Phillips for the appellee. MR. JUSTICE BLATCHFORD delivered the opinion of the court. After reciting the facts, he said: The sole object of the suit is to restrain the collection of a tax which...
109 U.S. 398 (1883) MEMPHIS GAS LIGHT COMPANY v. TAXING DISTRICT OF SHELBY COUNTY. Supreme Court of United States. Submitted November 15th, 1883. Decided November 26th, 1883. IN ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. Mr. Henry Craft, Mr. Geo. Gaunt and Mr. Josiah Patterson for plaintiffs in error. *399 Mr. J.B. Heiskell and Mr. C.W. Heiskell for the defendants in error. MR. JUSTICE MILLER delivered the opinion of the court. This is a writ of error to the Supreme Court of...
109 U.S. 104 (1883) GREEN COUNTY v. CONNESS. Supreme Court of United States. Submitted October 9th, 1883. Decided October 29th, 1883. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DIVISION OF THE WESTERN DISTRICT OF MISSOURI. The case was submitted by Mr. P.T. Simmons, Mr. Charles W. Thrasher, and Mr. Henry C. Young, on behalf of the plaintiff in error, and by Mr. James S. Bottsford, Mr. Marcus T.C. Williams, and Mr. Robert G. Ingersoll, on behalf of the defendant in error....
108 U.S. 130 (1883) WINCHESTER v. LOUD. Supreme Court of United States. Decided March 19th, 1883. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. Mr. S.M. Cutcheon for the appellant. Mr. A.T. Britton and Mr. J.H. McGowan for appellee. *131 MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The petition for removal was filed before answer, and we must look, therefore, to the bill alone to determine what the controversy is. From this it appears...
106 U.S. 672 (_) HAYWARD v. ANDREWS. Supreme Court of United States. Mr. Gilbert M. Speir, Jr., Mr. Ephraim Banning, and Mr. Thomas A. Banning for the appellant. Mr. L.L. Bond and Mr. E.A. West for the appellees. MR. JUSTICE MATTHEWS delivered the opinion of the court. This appeal brings into review the decree dismissing, on a general demurrer, the amended bill of Hayward, the complainant, for want of equity. The case made by the amended bill and exhibits is this: *673 Aaron H. Allen was the...
106 U.S. 583 1 S. Ct. 637 27 L. Ed. 207 PACE v. STATE OF ALABAMA. January 29, 1883. Section 4184 of the Code of Alabama provides that 'if any man and woman live together in adultery or fornication, each of them must, on the first conviction of the offense, be fined not less than $100, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. On the second conviction for the offense, with the same person, the offender must be fined not...
106 U.S. 532 (_) SHELTON v. VAN KLEECK. Supreme Court of United States. *534 Mr. Charles J. Beattie for the appellants. Mr. John I. Bennett for the appellees. MR. CHIEF JUSTICE WAITE delivered the opinion of the court. The only questions open for examination on a bill of review for error of law appearing on the face of the record are such as arise on the pleadings, proceedings, and decree, without reference to the evidence in the cause. This has been many times decided in this court. Whiting v....
109 U.S. 235 3 S. Ct. 167 27 L. Ed. 919 LAMAR, Ex'r, etc., v. MCCAY. 1 November 19, 1883. E. N. Dickerson , for appellant. S. Shellabarger, J. M. Wilson , and J. K. Herbert , for appellee. BLATCHFORD, J. 1 The appellee, who was the plaintiff below, seeks to recover from the executor of Gazaway B. Lamar a sum of money, on the allegation that the testator received that money from the United States as the proceeds of 136 bales of upland cotton which belonged to the assignor of the plaintiff. Lamar...
107 U.S. 85 (_) SCHMIDT v. BADGER. Supreme Court of United States. Mr. Charles W. Hornor for the plaintiffs in error. The Solicitor-General, contra. MR. JUSTICE BLATCHFORD delivered the opinion of the court. This suit was brought to recover back customs duties paid under protest on glass bottles containing beer and ale, imported from abroad. The collector exacted a duty of thirty per cent ad valorem on the bottles. The plaintiffs contended that as a duty of thirty-five cents per gallon had been...
107 U.S. 59 (_) PEOPLE v. COMPAGNIE GÉNÉRALE TRANSATLANTIQUE. Supreme Court of United States. Mr. William M. Evarts, Mr. George N. Sanders, and Mr. Lewis Sanders for the plaintiff in error. Mr. Frederick R. Coudert for the defendant in error. MR. JUSTICE MILLER delivered the opinion of the court. This was an action commenced by the People of the State of New York, in the Court of Common Pleas for the City and County of New York, to recover of the defendant the sum of one dollar for each alien...
109 U.S. 432 (1883) BAILEY and Others v. THE UNITED STATES. Supreme Court of United States. Submitted October 29th, 1883. Decided December 3d, 1883. APPEAL FROM THE COURT OF CLAIMS. *433 Mr. J. Hubley Ashton ( Mr. Nathaniel Wilson was with him) for appellants. Mr. Solicitor General for the United States. *435 MR. JUSTICE HARLAN delivered the opinion of the court. After reciting the facts he continued: It is contended, on behalf of appellants, that the power of attorney executed in 1869 to...
109 U.S. 146 3 S. Ct. 151 27 L. Ed. 887 UNITED STATES v. MITCHELL. November 5, 1883. This was a suit by the appellee, Charles Mitchell, to recover a balance which he claimed to be due him as Indian interpreter at the Santee agency in the state of Nebraska, under section 2070, title 23, of the Revised Statutes. That section, and section 2076, which constitutes part of the same title, and also relates to the compensation of interpreters, are as follows: Sec. 2070. 'The salaries of interpreters...
109 U.S. 275 (1883) MONONGAHELA NATIONAL BANK v. JACOBUS. Supreme Court of United States. Submitted October 26th, 1883. Decided October 19th, 1883. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Mr. D.T. Watson for the plaintiffs. Mr. Thomas C. Lazear and Mr. J.W. Douglas for the defendant. MR. JUSTICE HARLAN delivered the opinion of the court. The plaintiff in error having recovered a judgment for $9,056.12 against Alfred Patterson, in the Circuit...
108 U.S. 18 1 S. Ct. 614 27 L. Ed. 636 CHICAGO & A. R. CO. v. WIGGINS FERRY CO. January 29, 1883. This is a suit begun in a state court of Missouri by the Wiggins Ferry Company, an Illinois corporation, against the Chicago & Alton Railroad Company, another Illinois corporation, to recover damages for the breach of a contract by which, as is alleged, the railroad company bound itself not to employ any other means than the ferry company's ferry for the transportation of passengers and freight,...
107 U.S. 174 (_) JONES v. HABERSHAM. Supreme Court of United States. *175 The case was argued by Mr. William W. Montgomery for the appellants, and by Mr. Alexander R. Lawton and Mr. Walter S. Chisholm, with whom was Mr. Charles C. Jones, Jr., for the appellees. MR. JUSTICE GRAY delivered the opinion of the court. This is a bill in equity, by the heirs at law and next of kin of Miss Mary Telfair of Savannah, against the executors of her *176 will and the devisees and legatees named therein, to...
106 U.S. 468 (_) BRANCH v. JESUP. Supreme Court of United States. *469 Mr. William W. Montgomery for the appellants. Mr. Walter S. Chisholm and Mr. Alexander R. Lawton for the appellees. MR. JUSTICE BRADLEY delivered the opinion of the court. This case arises upon a bill filed by Morris K. Jesup, as surviving trustee, for the foreclosure of a deed of trust in the nature of a mortgage, bearing date Dec. 20, 1867, given by the Atlantic and Gulf Railroad Company of Georgia to said Jesup and one...
