Court : US Supreme Court
Pennsylvania Co. v. Bender - 148 U.S. 255 (1893) U.S. Supreme Court Pennsylvania Co. v. Bender, 148 U.S. 255 (1893) Pennsylvania Co. v. Bender No. 1142 Submitted March 6, 1893 Decided March 20, 1893 148 U.S. 255 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus Under the Act of March 3, 1887, 24 Stat. c. 373, 2, pp. 552, 553, a finding by the circuit court of the United States, on an application for the removal of a cause from a state court, that the application is sufficient and such as entitles the defendant to remove the cause to a federal court does not, of itself, work such removal, but an order of the court to that effect, equivalent to a judgment, must he made. When a manifestly defective petition for the removal of a cause from a state court to a federal court is filed in the trial court of the state, and that court denies it and proceeds to trial and judgment on the merits, and the cause is taken in error to an appellate court of the state, where the judgm...
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American Constr. Co. v. Jacksonville &c.; Co. - 148 U.S. 372 (1893) U.S. Supreme Court American Constr. Co. v. Jacksonville &c.; Co., 148 U.S. 372 (1893) American Construction Company v. Jacksonville, Tampa & Key West Railway Company Nos. 14, 15, original Argued March 6-7, 1893 Decided March 27, 1893 148 U.S. 372 ORIGINAL Syllabus A writ of mandamus does not lie to the United States circuit court of appeals to review, or to the circuit court of the United States to disregard, a decree of the circuit court of appeals, made on appeal from an interlocutory order of the circuit court, and alleged to be in excess of its powers on such an appeal, but which might be made on appeal from the final decree, when rendered. Under the Act of March 3, 1891, c. 517, 6, this Court has power, in a case made final in the circuit court of appeals, although no question of law has been certified by that court to this, to issue a writ of certiorari to review a decree of that court on appeal fro...
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Chicot County v. Sherwood - 148 U.S. 529 (1893) U.S. Supreme Court Chicot County v. Sherwood, 148 U.S. 529 (1893) Chicot County v. Sherwood No. 170 Submitted March 24, 1893 Decided April 3, 1893 148 U.S. 529 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS Syllabus An action will lie in a circuit court of the United States in the State of Arkansas at the suit of a citizen of New York against a county in Arkansas to recover on bonds and coupons issued by the county to aid in the construction of a railroad and held by the citizen of New York, notwithstanding the provisions in the Act of the Legislature of Arkansas of February 27, 1879, repealing all laws authorizing counties within the State to be sued, requiring all demands against them to be presented to the county courts of the several counties for allowance or rejection, and allowing appeals to be prosecuted from the decisions of those courts. An answer to a declaration on such bonds a...
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Smith v. Townsend - 148 U.S. 490 (1893) U.S. Supreme Court Smith v. Townsend, 148 U.S. 490 (1893) Smith v. Townsend No. 1173 Submitted March 5, 1893 Decided April 3, 1893 148 U.S. 490 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus An employee of the Atchison, Topeka and Santa Fe Railroad, residing within the Territory of Oklahoma before, up to, and on the 22d day of April, 1889, was thereby disabled from making a homestead entry upon the tract of land on which he was residing. Page 148 U. S. 491 On April 30, 1891, the appellant filed his complaint in the District Court of Oklahoma county, Territory of Oklahoma. In this complaint he alleged his citizenship and full qualification to enter public lands under the homestead laws of the United States. That during the years 1888 and 1889, the Atchison, Topeka & Santa Fe Railroad Company was engaged in operating a railroad through the Indian Territory, having a right of way therein granted by treaty with the ...
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Martin v. Snyder - 148 U.S. 663 (1893) U.S. Supreme Court Martin v. Snyder, 148 U.S. 663 (1893) Martin v. Snyder No. 131 Argued and submitted March 9-10, 1893 Decided April 10, 1893 148 U.S. 663 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A defendant residing within a state in which an action is commenced in a court of the state is not entitled, under the Act of March 3, 1887, 24 Stat. 552, c. 373, to have the suit removed to the Circuit Court of the United States. The case is stated in the opinion. THE CHIEF JUSTICE: This was a bill of complaint filed by Samuel F. Engs, George Engs, and Henry Snyder, Jr., of the City, County, and State of New York against Morris T. Martin and Carrie E. Martin, in the Circuit Court of Lake County in the State of Illinois on the 27th of October, 1887. November 7, 1887, the defendants preferred a petition for the removal of the cause to the United States Circuit Court within and for the...
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Giozza v. Tiernan - 148 U.S. 657 (1893) U.S. Supreme Court Giozza v. Tiernan, 148 U.S. 657 (1893) Giozza v. Tiernan No. 185 Submitted March 28, 1893 Decided April 10, 1893 148 U.S. 657 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS Syllabus The provisions in the legislation of the State of Texas respecting the taxation of persons engaged in the sale of spirituous, vinous, or malt liquors or medicated bitters do not violate the Constitution of the United States. Francois Giozza was indicted in the criminal district court of Galveston County, Texas, upon the charge of having pursued the occupation of selling spirituous, vinous, and malt liquors in quantities of less than one quart without having first obtained a license therefor, and was tried, convicted, and fined in the sum of $450. He thereupon carried the case, by appeal, to the court of appeals of Texas, the court of last resort in criminal cases, which affirmed the judgment. Subseq...
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Swan Land & Cattle Co. v. Frank - 148 U.S. 603 (1893) U.S. Supreme Court Swan Land & Cattle Co. v. Frank, 148 U.S. 603 (1893) Swan Land and Cattle Company v. Frank No. 150 Argued March 21, 1893 Decided April 10, 1893 148 U.S. 603 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A party having a claim for unliquidated damages against a corporation which has not been dissolved, but has merely distributed its corporate funds amongst its stockholders and ceased or suspended business, cannot maintain a suit on the equity side of the United States circuit court Page 148 U. S. 604 against a portion of such stockholders to reach and subject the assets so received by them to the payment and satisfaction of his claim without first reducing such claim to judgment and without making the corporation a defendant and bringing it before the court. Corporations are indispensable parties to a bill which affects corporate rights or liabiliti...
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In re Tyler - 149 U.S. 164 (1893) U.S. Supreme Court In re Tyler, 149 U.S. 164 (1893) In re Tyler No. 17 Original Argued April 4, 1893 Decided April 24, 1893 149 U.S. 164 ORIGINAL Syllabus Property within a state which is in the possession of a receiver by virtue of his appointment as such by a circuit court of the United States is not subject to seizure and levy under process issuing from a court of the state to enforce the collection of a tax assessed upon its owner under the laws of the state. The exclusive remedy of the state tax collector in such case is in the circuit court which appointed the receiver, where the question of the validity of the tax may be heard and determined and where the priority of payment of such amount as may be found to be due which is granted by the laws of the state will be recognized and enforced. The writ of habeas corpus is not to be used to perform the office of a writ of error, or of an appeal. When no writ of error or appeal will lie, ...
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Mexican Central Ry. Co. v. Pinkney - 149 U.S. 194 (1893) U.S. Supreme Court Mexican Central Ry. Co. v. Pinkney, 149 U.S. 194 (1893) Mexican Central Railway Company v. Pinkney No. 1199 Submitted April 17, 1893 Decided May 1, 1893 149 U.S. 194 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS Syllabus To give a circuit court of the United States jurisdiction on the ground of diverse citizenship, the facts showing the requisite diverse citizenship must appear in such papers as properly constitute the record of the case. The refusal by the trial court, during the progress of the trial, of leave to file a plea on the question of the plaintiff's citizenship and to permit issue Page 149 U. S. 195 to be joined thereon is within the discretion of that court, and is not reviewable here. A person in charge of a joint railroad warehouse in a railroad center in Texas, the property of one of several companies which unite in bearing the expense of maint...
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Cates v. Allen - 149 U.S. 451 (1893) U.S. Supreme Court Cates v. Allen, 149 U.S. 451 (1893) Cates v. Allen No. 153 Argued March 22, 1893 Decided May 10, 1893 149 U.S. 451 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF MISSISSIPPI Syllabus A contract creditor who has not reduced his claim to judgment has no standing in a circuit court of the United States, sitting as a court of equity, upon a bill to set aside and vacate a fraudulent conveyance. Scott v. Neely, 140 U. S. 106 , affirmed and applied. Holland v. Challen, 110 U. S. 15 , and Whitehead v. Shattuck, 138 U. S. 146 , distinguished. The fact that a court of chancery may summon a jury cannot be regarded as the equivalent of the right of a trial by jury, secured by the Seventh Amendment to the Constitution. Page 149 U. S. 452 When a suit over which a state court has full jurisdiction in equity is removed to a circuit court of the United States on the ground of diverse citize...
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