Court : US Supreme Court
United States v. Bank of the United States - 46 U.S. 382 (1847) U.S. Supreme Court United States v. Bank of the United States, 46 U.S. 5 How. 382 382 (1847) United States v. Bank of the United States 46 U.S. (5 How.) 382 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus The statute of Maryland of 1785, in its terms, does not embrace a bill of exchange drawn on a foreign government. A bill of exchange in form, drawn by one government on another, as this was, is not and cannot be governed by the law merchant, and therefore is not subject to protest and consequential damages. This case was a continuation of the same case between the same parties, which was reported in 43 U. S. 2 How. 711. Being sent back to the circuit court, it came up for trial in November, 1844, when the jury, under the instructions of the court, found a verdict for the defendants below, viz., the bank. At the trial, the following bill of exceptions was f...
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Waring v. Clarke - 46 U.S. 441 (1847) U.S. Supreme Court Waring v. Clarke, 46 U.S. 5 How. 441 441 (1847) Waring v. Clarke 46 U.S. (5 How.) 441 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR EAST LOUISIANA Syllabus The grant in the Constitution extending the judicial power "to all cases of admiralty and maritime jurisdiction" is neither to be limited to nor to be interpreted by what were cases of admiralty jurisdiction in England when the Constitution was adopted by the states of the Union. Admiralty jurisdiction in the courts of the United States is not taken away because the courts of common law may have concurrent jurisdiction in a case with the admiralty. Nor is a trial by jury any test of admiralty jurisdiction. The subject matter of a contract or service gives jurisdiction in admiralty. Locality gives it in tort or collision. In cases of tort or collision happening upon the high seas or within the ebb and flow of the tide as far up a river as the tide ebbs and f...
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West River Bridge Company v. Dix - 47 U.S. 507 (1848) U.S. Supreme Court West River Bridge Company v. Dix, 47 U.S. 6 How. 507 507 (1848) West River Bridge Company v. Dix 47 U.S. (6 How.) 507 ERROR TO THE SUPREME COURT OF JUDICATURE OF THE STATE OF VERMONT Syllabus A bridge, held by an incorporated company, under a charter from a state, may be condemned and taken as part of a public road under the laws of that state. This charter was a contract between the state and the company, but, like all private rights, it is subject to the right of eminent domain in the state. The Constitution of the United States cannot be so construed as to take away this right from the states. Nor does the exercise of the right of eminent domain interfere with the inviolability of contracts. All property is held by tenure from the state, and all contracts are made subject to the right of eminent domain. The contract is, therefore, not violated by the exercise of the right. The Constitution of the U...
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Planters' Bank v. Sharp - 47 U.S. 301 (1848) U.S. Supreme Court Planters' Bank v. Sharp, 47 U.S. 6 How. 301 301 (1848) Planters' Bank v. Sharp 47 U.S. (6 How.) 301 ERROR TO THE HIGH COURT OF ERRORS AND APPEALS OF THE STATE OF MISSISSIPPI Syllabus Where a bank was chartered with power to "have, possess, receive, retain, and enjoy to themselves and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects of what kind soever, nature, and quality, and the same to grant, demise, alien, or dispose of for the good of the bank," and also "to receive money on deposit and pay away the same free of expense, discount bills of exchange and notes, and to make loans," &c.;, and, in the course of business under this charter, the bank discounted and held promissory notes, and then the legislature of the state passed a law declaring that "It shall not be lawful for any bank in the state to transfer by endorsement or otherwise any note, bill, receivable, or other...
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Luther v. Borden - 48 U.S. 1 (1849) U.S. Supreme Court Luther v. Borden, 48 U.S. 7 How. 1 1 (1849) Luther v. Borden * 48 U.S. (7 How.) 1 Syllabus At the period of the American Revolution, Rhode Island did not, like the other States, adopt a new constitution, but continued the form of government established by the Charter of Charles the Second, making only such alterations, by acts of the Legislature, as were necessary to adapt it to their condition and rights as an independent State. But no mode of proceeding was pointed out by which amendments might be made. In 1841, a portion of the people held meetings and formed associations which resulted in the election of a convention to form a new constitution to be submitted to the people for their adoption or rejection. This convention framed a constitution, directed a vote to be taken upon it, declared afterwards that it had been adopted and ratified by a majority of the people of the State, and was the paramount law and constitut...
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Veazie v. Williams - 49 U.S. 134 (1850) U.S. Supreme Court Veazie v. Williams, 49 U.S. 8 How. 134 134 (1850) Veazie v. Williams 49 U.S. (8 How.) 134 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE Syllabus Where false steps are taken to enhance the price of property sold at auction, a court of equity will relieve the purchaser from the consequences and injury caused by these unfair means. Therefore, where the owners had instructed the auctioneer to take $14,500 for the property, and the real bids stopped at $ 20,000, and the auctioneer, even without the consent or knowledge of the owner, continued to make fictitious bids until he ran it up to $ 40,000, this was a fraud upon the purchaser. These sham bids could not have been made by the auctioneer upon his own account. Even if they had been so, it is very questionable whether they would have been valid. Being the general agent of the owners, the latter are responsible for his acts if they receive...
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In re Kaine - 55 U.S. 103 (1852) U.S. Supreme Court In re Kaine, 55 U.S. 14 How. 103 103 (1852) In re Kaine 55 U.S. (14 How.) 103 ON MOTIONS FOR WRITS OF HABEAS CORPUS AND CERTIORARI Syllabus Under the tenth article of the treaty of 1842 between the United States and Great Britain, a warrant was issued by a commissioner, at the instance of the British Consul for the apprehension of a person who, it was alleged, had committed an assault with intent to murder in Ireland. The person being arrested, the commissioner ordered him to be committed, for the purpose of abiding the order of the President of the United States. A habeas corpus was then issued by the circuit court of the United States, the district Judge presiding, when, after a hearing, the writ was dismissed, and the prisoner remanded to custody. A petition was then presented to the circuit judge at his chambers, addressed to the Justices of the Supreme Court and praying for a writ of habeas corpus, which was referred ...
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Piqua Brance of State Bank of Ohio v. Knoop - 57 U.S. 369 (1853) U.S. Supreme Court Piqua Brance of State Bank of Ohio v. Knoop, 57 U.S. 16 How. 369 369 (1853) Piqua Brance of State Bank of Ohio v. Knoop 57 U.S. (16 How.) 369 ERROR TO THE SUPREME COURT OF OHIO Syllabus In 1845, the Legislature of Ohio passed a general banking law, the fifty-ninth section of which required the officers to make semiannual dividends, and the sixtieth required them to set off six percent of such dividends for the use of the state, which sum or amount so set off should be in lieu of all taxes to which the company, or the stockholders therein, would otherwise be subject. This was a contract fixing the amount of taxation, and not a law prescribing a rule of taxation until changed by the legislature. In 1851, an act was passed entitled "An act to tax banks, and bank and other stocks, the same as property is now taxable by the laws of this state." The operation of this law being to increase the tax, ...
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Scott v. Sandford - 60 U.S. 393 (1856) U.S. Supreme Court Scott v. Sandford, 60 U.S. 19 How. 393 393 (1856) Scott v. Sandford 60 U.S. (19 How.) 393 Syllabus I 1. Upon a writ of error to a Circuit Court of the United States, the transcript of the record of all the proceedings in the case is brought before the court, and is open to inspection and revision. 2. When a plea to the jurisdiction, in abatement, is overruled by the court upon demurrer, and the defendant pleads in bar, and upon these pleas the final judgment of the court is in his favor -- if the plaintiff brings a writ of error, the judgment of the court upon the plea in abatement is before this court, although it was in favor of the plaintiff -- and if the court erred in overruling it, the judgment must be reversed, and a mandate issued to the Circuit Court to dismiss the case for want of jurisdiction. 3. In the Circuit Courts of the United States, the record must show that the case is one in which, by the Constituti...
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United States v. Castillero - 67 U.S. 17 (1862) U.S. Supreme Court United States v. Castillero, 67 U.S. 2 Black 17 17 (1862) United States v. Castillero 7 U.S. (2 Black) 17 APPEALS FROM THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus 1. Paredes, president of Mexico from 15 December, 1845, until 29 July, 1846, exercised extraordinary powers, but it is not certain that such of his acts as violated the law were ever ratified. Semble that such ratification was necessary to make his acts valid as against the government. 2. Conceding the power of the acting president of the republic to make a grant of land in California, the several documents attesting any supposed grant are to be examined with care, since it thus becomes a question of construction whether it was or was not intended to be a grant. 3. A party asserting that he had discovered and denounced a valuable mine in California presented a memorial to the Junta de Mineria asking a loan of money and ma...
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