Court : US Supreme Court
..... stop at the stern was cut so as to allow the ship to turn and head down the river, and that both the ship and the steam tug, while the ship was in the act of turning, were unexpectedly caught in an immense field of floating ice, which, in spite of the power of the steam tug, set both vessels towards the opposite shore and carried them down ..... 207 stern was cut, so as to allow her bow to turn around and head down the river; that while in the act of turning, both the ship and tug were unexpectedly caught in an immense field of floating ice, which, in spite of the tug, set both the ship and tug towards the new ..... under the charge of her own master and crew, undertakes to transport another vessel from one point to another, which, for the time being, has neither her master nor crew on board, as in that case her officers and crew direct and control the navigation of both vessels. ..... by the answer they set up "that they had a sandy hook pilot on board; that by his direction the tug took the ship in tow by hawser; that at this time the ship was lying at the wharf with her bows up and her stern ..... set up, that a ferry boat suddenly and improperly crossed the bows of the steam tug, if founded in fact, could easily be proved by those who were on board the ferry boat and know what occurred. ..... or fault on the part of either party, the rule is that the loss must rest where it fell, as no one is responsible for an accident which was produced by causes over which human agency could exercise no control. .....
Tag this Judgment!Court : US Supreme Court
..... the contrary, they proved nothing except the mere lapse of time, unaccompanied by evidence of possession, or of improvements, or the payment of taxes, or any other circumstance, as a ground of presumption to warrant the jury in finding that the board of property ever granted a new warrant of survey or made any order of a character to give legality to the title set up in their behalf, which is all that need be remarked to show that there is no error in the record ..... without going upon the land, by plotting the chart and marking the lines and corners in their offices, and those surveys are called "chamber surveys," but such surveys were forbidden by the act of the state legislature of the eighth of april, 1785, which enacts that every survey hereafter to be returned into the land office upon any warrant issued after the passing of the ..... by that certificate, it appears that diligent and careful search had been made in that department for proceedings on that caveat, and the proper officer certifies that he does not find that any citation was ever applied for or that any proceedings or action was ever had by the board of property upon or concerning the same, which remains recorded in the office of the surveyor ..... , as well as the forms and modes of process, are very largely derived from the laws of the states as construed by the decisions of the state courts, in cases where they apply, except where the constitution, treaties, or statutes of the united states otherwise require or provide. .....
Tag this Judgment!Court : US Supreme Court
..... when due and demanded, on request in writing of any of the holders of the bonds, the trustees shall take possession of the railroad and other property, and through the agency of the persons they may appoint, shall collect and receive the tolls, incomes, and profits of the railroad and mortgaged property for the purpose of the security before declared, and ..... chartered rights and privileges, including the corporate franchises of the galveston, houston & henderson railroad company, organized themselves as such; and they and their successors constituted the present company acting under that name, "the successor company," already mentioned. ..... a railroad company to borrow money in small parcels as sections of the read were completed and trust deeds could safely ..... the state of texas, the company became entitled to grants of the public lands of the state, in virtue of which they subsequently acquired land certificates for 512,000 acres of land. ..... it appears that the resolutions of the board of directors which authorized the transfer of the stock in question were passed at a meeting ..... the city of houston to connect the railroad of the defendants with the texas central railroad, the same persons procured a charter from the legislature on the 8th of april, 1861, by which they were incorporated as the galveston & houston junction railroad company, and were as such authorized to construct and operate a railroad to connect the galveston, houston & henderson railroad with the texas central railroad. .....
Tag this Judgment!Court : US Supreme Court
..... that neither lucas nor britton meant to do anything wrong, and, if so, we know of no principle of law which would estop lucas from disputing the correctness of the valuation named in the certificate in order to show his good faith and fair dealing in his transaction with darby. ..... be no difficulty in ascertaining the meaning of congress on the subject embraced in the 35th section of the bankrupt act (in contravention of which this sale is alleged to have been made), in its application to ..... things relieve him from the charge of making a certificate with intent to procure for darby a credit to which he knew him not to be entitled, but they do not furnish a case of justification, as, manifestly, certificates to character or value should not be given unless ..... at the time of the faulty construction of the building and the small amount of rents received, and besides that he had heard that someone had offered the sum named in the certificate for the property, though it turns out no such offer was made. ..... other disposition of his property to any person who then has reasonable cause to believe him to be insolvent, or to be acting in contemplation of insolvency, and that such payment, sale, assignment, transfer, or other conveyance is made with a view to prevent his property coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act, or to defeat the object of, or in any way impair, hinder, or delay the operation and effect of, or evade ..... repairs, agency, .....
Tag this Judgment!Court : US Supreme Court
..... the opinion in that case affords some support to the suggestion, still it is only an apparent inconsistency, which is easily reconciled, as the case arose upon the prior bankrupt act, which did not declare such a conveyance void, unless it was made in contemplation of bankruptcy and for the purpose of giving the creditor a preference or priority over the ..... to the facts, as above stated, tended to show that lakin as treasurer of the school district and the church received no compensation, but by a sort of consent of the board of trustees used the moneys as he pleased, they drawing on him for the amounts as they might desire to use it; that there was no defalcation with either. 2. ..... [ footnote 13 ] much discussion of the question whether the respondents had reasonable cause to believe that the conveyance was made in fraud of the bankrupt act may well be omitted, as the whole issue is substantially adjudged by the recent decision of this court, which is to the effect following: that the transfer by a debtor who is insolvent of his property, or ..... chicago, saying that a report had been sent by someone in brodhead to the mercantile agency in chicago, that lakin had made an assignment of his property to his father-in- ..... 602 constitute conclusive proof, which is a rule ..... that act, in its 35th section, thus enacts: [ footnote 1 ] "if any person, being insolvent, or in contemplation of insolvency, within four months before the filing of the petition by or against him, with a view to give .....
Tag this Judgment!Court : US Supreme Court
..... " it created a board of state harbor commissioners, and by its second section required that they should "take possession of and hold all that portion of the bay of san francisco lying along the waterfront of said city and county of san francisco, and adjacent thereto, to the distance of six hundred feet into the waters of said bay, from the line of the waterfront, as defined by an act of the legislature, approved march 26, 1851, together with all the improvements ..... the wharf was constructed in 1854; the defendants commenced the piling, capping, and planking, which constitute the obstruction complained of, in 1867; and the statute of limitations of the state declares that, "the people of the state will not sue any person for, or in respect of, any real property, or the issues or profits thereof, by ..... to constitute sufficient adverse possession under the statute to bar the owner, when the claim of title is not founded upon a written instrument, the land must have been protected by a substantial enclosure, or been usually cultivated or improved, ..... 69 state, as sovereign, in trust for public purposes equally as to other lands, before the ten years prescribed had elapsed after the erection of the wharf, namely, in april, 1863, the legislature passed an act creating the board of state harbor commissioners, the defendants in this suit, and provided that the commissioners should take possession of and hold all that portion of the bay lying along the waterfront of the city and county of .....
Tag this Judgment!Court : US Supreme Court
..... to prefer his claim to it, and allow fifteen days' notice of sale, but may publicly advertise it for sale at once, on seizure, and proper certificate by appraisers of its value and character, and, after not less than one week's notice, may sell it. ..... ) 398 on certificate of division between the judges of the circuit court for the district of vermont syllabus under the fifteenth section of the act of july 18, 1866, 14 ..... things cannot coexist, nor is congress chargeable with such loose legislation, for the condition can be construed so as to harmonize all parts of the section and thereby secure an effective system for the speedy disposition of property subject to forfeiture, of less value than $500, whether perishable or not. ..... it is further insisted on the part of the plaintiff that he was allowed by the terms of the section twenty days from notice of seizure within which to prefer his claim, and as this condition was violated by the officer making the sale, the plea is not a bar to ..... the fifteenth section of the act -- the section on which the dispute in this case turned -- requires the officer, if the property, being of less value than $500, shall be certified on oath by the appraisers, in their belief, to be liable to perish or deteriorate by keeping, or cannot be kept ..... of less value than $500, used in smuggling goods into the united states, the collector need not give the twenty days allowed by previous sections in the case of like property, nonperishable, for the page 84 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... lands, the court said that an exemption from taxation could not be inferred unless an intention to exempt appeared by language wholly unambiguous, that no such intention here thus appeared in either of the sections relied on, and further that so far as regarded the provision of the constitution and the twentieth section of the act of 1857, neither applied to the property in question, and that no such contract appeared in ..... the argument meant to be presented by the bill in its making this statement was this: that specific taxes having been the sort of taxes always collected from railroad corporations prior to the adoption of the constitution, and that instrument having authorized the continuance of such taxes, it was meant that those taxes and no others should be collected; that the language, though in form permissive, was in fact mandatory ..... the acceptance was made, vested in a then recently organized railroad company the lands "fully and completely, according to the act of congress relating thereto and the direction of the board of control" of the state (a body appointed by its governor and senate), and "whose duty" it was made by the act "to manage and dispose of the lands" in aid of the construction, the company being made, moreover, subject to such rules and ..... . 1871, and until after three years from the date of the certificate showing that such lands have been earned by said railroad company, after which time said lands shall be taxed as other ..... ] vermont central railroad .....
Tag this Judgment!Court : US Supreme Court
..... which "a full pardon and amnesty for the offense of treason against the united states, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the constitution and the laws which have been made in pursuance thereof," was proclaimed and declared "unconditionally and without reservation to all, and to every person who directly or indirectly participated in the late insurrection or rebellion. ..... on the 8th december, 1863 -- that is to say within less than nine months from the passage of the act -- the president issued a proclamation offering full pardon and restoration of property to all insurgents (certain classes excepted), provided they would take an oath to support, protect, and defend the constitution and union, abide by and support all acts of congress and all proclamations of the president made during the rebellion,\ with reference to slaves. ..... " "no similar legislation," it was also said, "is mentioned in history," and "the government constituted itself the trustee for those who were by that act declared entitled to the proceeds of captured and abandoned property, and for those whom it would thereafter recognize ..... ; any part of the property collected might be appropriated to public use, on due appraisement or certificate thereof, or forwarded to any place of sale in the loyal states, as the public interests might ..... that act enacts: "section ..... i, section 8, ..... "section ..... "section ..... it was further enacted: "section 10. .....
Tag this Judgment!Court : US Supreme Court
..... the county of washington within the time prescribed for the recording of conveyances of real estate; and the ordinance of the city creating a board of commissioners to carry the act of congress into effect, and direct the sales of the property, provided that the board should keep regular minutes of its act and proceedings, and lay the same before the board of aldermen and common council at the commencement of every session of the council. ..... the ordinance provided that the board should keep regular minutes of their acts and proceedings and lay the same before the board of aldermen and common council at the commencement of every ..... of the city of the same year, creating a board of commissioners to carry the act into effect and direct the sales of lots. ..... property, as already stated, was originally in the united states, and the mayor acted only as their agent in transferring it to the purchaser. ..... to the premises from the united states through a conveyance of the mayor of washington, executed in october, 1866, in completion of a sale made by commissioners under the act of congress of may 7, 1822, 3 stat. ..... a conveyance of the mayor of washington executed in october, 1866, in completion of a sale made under the act of congress of may 7, 1822, 3 stat. ..... of the city of the same year passed to carry that act into effect. ..... the act required the deeds executed to the purchasers by the mayor to be recorded among the land records of the county of washington within the time prescribed fur the recording of .....
Tag this Judgment!