Court : Kolkata
Reported in : (1894)ILR21Cal437
Macpherson, J.1. The plaintiff' is one of the heirs of Mahomed Saleh, against whom and others the defendant obtained a decree for money in January 1877. The decree was executed in that year, and partial satisfaction was obtained. In March 1890 the defendant again applied to execute the decree for the whole outstanding balance against the plaintiff and other judgment-debtors or their representatives; the plaintiff objected to the execution, on the ground that the decree had been adjusted in so far as she was concerned, but her objection was disallowed, as the adjustment had not been certified to the Court. The plaintiff brings this suit for a declaration that the defendant has no right to execute the decree as against her and for an injunction to restrain him from so executing it. She says that in August 1887 they adjusted their accounts; that her share of the amount which had been realized in satisfaction of the decree and her share of the amount which was still outstanding were apport...
Tag this Judgment!Court : US Supreme Court
Bryan v. Board of Education - 151 U.S. 639 (1894) U.S. Supreme Court Bryan v. Board of Education, 151 U.S. 639 (1894) Bryan v. Board of Education of Kentucky Conference of Methodist Episcopal Church, South No. 134 Argued and submitted December 8, 1893 Decided February 5, 1894 151 U.S. 639 ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY Syllabus The citizens of Millersburg, Kentucky, raised a fund for the purpose of establishing a collegiate institute in that place or its vicinity, and invited the Kentucky Annual Conference of the Methodist Episcopal Church, South, to take charge of it when established. The invitation was accepted, and the legislature of the state incorporated the institute by an act, one provision in which was a reservation to the legislature of the right to amend or repeal it. Large additions were then made to the fund from other sources, and in 1860 another act was passed incorporating the Board of Education of that Conference of the Methodist Chu...
Tag this Judgment!Court : US Supreme Court
Shively v. Bowlby - 152 U.S. 1 (1894) U.S. Supreme Court Shively v. Bowlby, 152 U.S. 1 (1894) Shively v. Bowlby No. 787 Submitted December 2, 1892 Decided March 5, 1894 152 U.S. 1 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus This court has jurisdiction to review by writ of error a judgment of the highest court of the State of Oregon deciding that a donation land claim under the act of Congress of September 27, 1850, c. 76, of land bounded by tidewater, passed no title or right below high water mark, as against a subsequent grant from the state. By the common law, the title in the soil of the sea, or of arms of the sea, below high water mark, except so far as private rights in it have been acquired by express grant, or by prescription or usage, is in the King, subject to the public rights of navigation and fishing, and no one can erect a building or wharf upon it, without license. Upon the American Revolution, the title and the dominion of the tidewaters and ...
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal732
W. Comer Petheram, C.J.1. The question we have to consider is whether the executor appointed by a Hindu testator who made his will in 1889, and died in 1891, can, after he has obtained probate, transfer the estate, effects and interests, vested in him by virtue of such probate, to the Administrator-General under Section 31 of the Administrator-General's Act (II of 1874). Mr. Justice SALE has come to the conclusion that he cannot, as he thinks that the estate of a Hindu is not within any of the provisions of the Act, except Sections 17 and 1.8, which are expressly made applicable to such estates. The argument on both sides has dealt, not only with the Act upon which we have now to put a construction, but with the history of the office of Administrator-General, and with the conditions under which the various Acts by which it has been constituted have been passed, and in what I have to say on the subject I propose to follow the same course.2. The office was first constituted by Act VII of...
Tag this Judgment!Court : US Supreme Court
ICC v. Brimson - 154 U.S. 447 (1894) U.S. Supreme Court ICC v. Brimson, 154 U.S. 447 (1897) Interstate Commerce Commission v. Brimson No. 883 Argued April 16, 1894 Decided May 26, 1894 154 U.S. 447 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus The twelfth section of the Interstate Commerce Act, authorizing the circuit courts of the United States to use their process in aid of inquiries before the Commission established by that act, is not in conflict with the Constitution of the United States as imposing on judicial tribunals duties not judicial in their nature. A petition filed under that section in the circuit court of the United States against a witness, duly summoned to testify before the Commission, to compel him to testify or to produce books, documents, and papers relating Page 154 U. S. 448 to the matter under investigation before that body makes a case or controversy to which the judicial power of the United St...
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Reagan v. Farmers' Loan and Trust Co. - 154 U.S. 362 (1894) U.S. Supreme Court Reagan v. Farmers' Loan and Trust Co., 154 U.S. 362 (1894) Reagan v. Farmers' Loan and Trust Company No. 928 Argued April 4-5, 1894 Decided May 28, 1894 154 U.S. 362 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS Syllabus Without passing upon the validity of the 5th and 14th sections of the Act of the Legislature of Texas of April 3, 1891, establishing a railroad commission with power to classify and regulate rates, the remainder of the act is a valid and constitutional exercise of the state sovereignty, and the commission created thereby is an administrative board, created for carrying into effect the will of the state as expressed by its legislation. A citizen of another state who feels himself aggrieved and injured by the rates prescribed by that commission may seek his remedy in equity against the commissioners in the circuit court of the United states i...
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal955
Beverley, J.1. This appeal has been preferred on behalf of fourteen Kabulis, who have been convicted by a Jury in the Court of Session at Hooghly, of offences under Sections 148 and 325, read with Section 149 of the Penal Code, and the appeal is preferred on the ground that the verdict is vitiated by reason of misdirection by the Sessions Judge in his charge to the Jury.2. The fourteen appellants were committed to the Sessions Court upon the following charges: 'First, that you, on or about the 20th day of April 1894, at Bhadresar P. S., Serampore, committed murder by causing the death of Khan Ghalib, and thereby committed an offence punishable under Section 302/149 of the Indian Penal Code, and within the cognisance of the Court of Session. Secondly, that you, on or about the same day and at the same place by causing death of Khan Ghalib, committed culpable homicide, and thereby committed an offence punishable under Section 304/149 of the Indian Penal Code, and within the cognisance of...
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal131
W. Comer Petheram, C.J. and Beverley, J.1. This is a rule obtained on behalf of one Chandi Pershad to show cause why certain proceedings taken against him by the Deputy Magistrate of Monghyr should not be quashed, or why the case should not be transferred to some other district. The facts are these: On 5th May last Chandi Pershad applied to the Municipal Commissioners of Monghyr for a license for two carriages and six ponies, making the usual statement as required by Section 133 of the Bengal Municipal Act III of 1884 of the Bengal Legislative Council. A license for two carriages and six ponies was granted, but at the same time the statement was sent for verification to the overseer, who, on the 7th May, reported that Chandi Pershad had eight ponies and one horse. Thereupon the Chairman of the Municipal Commissioners on the 8th May made an order to 'prosecute Chandi Pershad for making false statement in the schedule regarding the number of animals'. On the following day Chandi Porshad ...
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR18Mad99
Arthur J.H. Collins, C.J.1. The question referred to a Full Bench is whether the provisions of Section 7 of the Limitation Act are applicable to, and govern, a suit for which special provision is made by Section 77 of the Registration Act.2. Act III of 1877 appears to be a Special Act complete in itself, and according to a well-established rule for the construction of statutes it should be presumed that the Legislature did not intend by a general enactment to interfere with it. Lord Hatherley, when Vice-Chancellor in Fitzgerald v. Champneys 50 L.J. (Ch.) 777 at page 782, thus states the proposition of law: 'The reason is that the Legislature having had its attention directed to a special subject and observed all the circumstances of the case and provided for them, does not intend by a general enactment afterwards to derogate from its own act when it makes no special mention of its intention to do so.'3. Section 77 of Act III of 1877 enacts that, when the Registrar refuses to order the ...
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Cherokee Nation v. Journeycake - 155 U.S. 196 (1894) U.S. Supreme Court Cherokee Nation v. Journeycake, 155 U.S. 196 (1894) Cherokee Nation v. Journeycake No. 619 Argued and submitted October 18, 1894 Decided November 19, 1894 155 U.S. 196 APPEAL FROM THE COURT OF CLAIMS Syllabus The Cherokees and the Delawares having, on the 8th day of April, 1867, in pursuance of the provisions of the treaty of July 19, 1866, 14 Stat. 799, between the United States and the Cherokee Nation, entered into a contract whereby it was agreed that on the fulfillment by the Delawares of the stipulations on their part contained in said contract, all the members of that tribe, registered as. provided in said contract, should become members of the Cherokee Nation, with the same rights and immunities and the same participation (and no other) in the national funds as native Cherokees, except as otherwise provided in the contract, the so registered Delawares were on such fulfillment of their stipulations...
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