Court : US Supreme Court
United States v. Blackfeather - 155 U.S. 180 (1894) U.S. Supreme Court United States v. Blackfeather, 155 U.S. 180 (1894) United States v. Blackfeather No. 622 Argued October 24-25, 1894 Decided November 19, 1894 155 U.S. 180 APPEAL FROM THE COURT OF CLAIMS Syllabus This Court is not called upon to consider errors assigned by an appellee who has taken no appeal from the judgment below. The findings of the court below touching the expenditures by the United States to support and keep a blacksmith for the use of the Indians are too indefinite to allow them to be made the subject of a setoff. The United States having undertaken by Article VII of the Treaty of August 8, 1831, with the Shawnees to "expose to public sale to the highest bidder" the lands ceded to them by the Shawnees, and having disposed of a large part of the same at private sale, were thereby guilty of a violation of trust, and as all public lands of the United States were, by the Act of April 24, 1820, c. 51, ...
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal692
Norris, J.1. This appeal, and the analogous appeals, Nos. 951, 952 and 953 of 1893, were heard by Banerjee and Rampini, JJ., and the learned Judges having differed on a point of law, the appeals have, under Section 5751 of the Code of Civil Procedure, read with Section 587, been referred to me by order of the Chief Justice.2. The facts out of which the appeal arises are as follows: In 1292 B.S., six persons, viz;., the defendant No. 5, the husband of the defendant No. 2, the husband of the defendant No. 25, and brother-in-law of defendant No. 26, the father of the defendants Nos. 11 and 12, the defendant No. 9, and one Kebulram Shaha, entered into partnership for the purpose of carrying on a business in hemp at Sunamgunge. The defendant No. 10 was the gomasta of the business. He was remunerated by a 2 annas 10 gundas share of the profits; the remaining profits were divisible amongst the six partners in certain shares which are set out in Schedule I of the plaint. In 1293 B.S., the cons...
Tag this Judgment!Court : US Supreme Court
Sparf and Hansen v. United States - 156 U.S. 51 (1895) U.S. Supreme Court Sparf and Hansen v. United States, 156 U.S. 51 (1895) Sparf and Hansen v. United States No. 613 Submitted March 5, 1894 Decided January 21, 1895 156 U.S. 51 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus If one of two persons accused of having together committed the crime of murder makes a voluntary confession in the presence of the other under such circumstances that he would naturally have contradicted it if he did not assent, the confession is admissible in evidence against both. If two persons are indicted and tried jointly for murder, declarations of one made after the killing and in the absence of the other tending to prove the guilt of both are admissible in evidence against the one making the declarations, but not against the other. An objection to the admissibility of such evidence, made at the trial in the name of both defendants, on the ge...
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Johnson v. Atlantic, G. & W.I. Transit Co. - 156 U.S. 618 (1895) U.S. Supreme Court Johnson v. Atlantic, G. & W.I. Transit Co., 156 U.S. 618 (1895) Johnson v. Atlantic, Gulf and West India Transit Company No. 77 Argued November 14, 1894 Decided March 4, 1895 156 U.S. 618 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus The road between Fernandina and Cedar Key was the road designated and pointed out in the various acts of the Legislature of Florida referred to in the opinion as the one on whose completion and after default the trustees were authorized to sell. The Trustees of Internal Improvements in the Florida, who.took possession of the railroad and sold it, were legally entitled to act as such trustees, on the well settled doctrine that the acts of the several states, in their individual capacities and of their different departments of government -- executive, judicial, and legislative -- during the war, so far as they di...
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Pollock v. Farmers' Loan & Trust Co. - 157 U.S. 429 (1895) U.S. Supreme Court Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429 (1895) Pollock v. Farmers' Loan and Trust Company No. 898 Argued March 7, 8. 11, 12, 13, 1895 Decided April 8, 1895. 157 U.S. 429 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A court of equity has jurisdiction to prevent a threatened breach of trust in the misapplication or diversion of the funds of a corporation by illegal payments out of its capital or profits. Such a bill being filed by a stockholder to prevent a trust company from voluntarily making returns for the imposition and payment of a tax claimed to be unconstitutional, and on the further ground of threatened multiplicity of suits and irreparable injury, and the objection of adequate remedy at law not having been raised below or in this court, and the question of jurisdiction having been waived by the United States so far as it was ...
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Pollock v. Farmers' Loan & Trust Company - 158 U.S. 601 (1895) U.S. Supreme Court Pollock v. Farmers' Loan & Trust Company, 158 U.S. 601 (1895) Pollock v. Farmers' Loan & Trust Company (Rehearing) No. 898, 894 Argued May 6, 7, 8, 1895 Decided May 20, 1895 158 U.S. 601 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Hylton v. United States, 3 Dall. 171, further considered, and, in view of the historical evidence cited, shown to have only decided that the tax on carriages involved was an excise, and was therefore an indirect tax. In distributing the power of taxation, the Constitution retained to the State the absolute power of direct taxation, but granted to the Federal government the power of the same taxation upon condition that, in its exercise, such taxes should be apportioned among the several State according to number, and this was done in order to protect to the States, who were surrendering to the Federal government...
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal943
Hill, J.1. This is a suit by a firm of solicitors carrying on business under the style of Watkins and Co., and the legal representative of Mr. Algernon F. N. Watkins, a deceased member of the firm, for the recovery of the costs of certain proceedings in this Court, under Section 24 of Act XY of 1859. The object of those proceedings was to effect the revocation of a patent held by two persons, named Thomson and Mylne, for a sugar-crushing machine.2. The plaintiffs' case is that the first defendant, Mr. Neil Fox, consulted their firm so far back as the year 1885, with respect to the revocation of Messrs. Thomson and Mylne's patent, representing that he did so, not only on his own behalf, but also on behalf of other persons, who were interested in getting the patent set aside, and that in pursuance of his instructions the proceeding mentioned above was instituted on the 26th May 1887. In consequence, however, of the circumstance that Mr. Neil Fox was himself a licensee under the patent it...
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR18Mad490
1. The High Court Proceedings of 7th December 1866 (3 M.H.C.R. App. IX) and 24th April 1873 (7 M.H.C.R. App. XXII) were passed before the Penal Code was amended by Act VIII of 1882, and the effect of the amendment is to make Sections 40 and 64, Indian Penal Code, applicable to offences under the Police Act XXIV of 1859. The incorporation of Sections 3 and 41 of Madras Act III of 1889 in Act XXIV of 1859 does not, therefore, now render the provisions of Sections 40 and 64, Indian Penal Code, inapplicable.2. think the sentences are not open to any legal objection.1. Section 4: Whoever neglects to fence in or protect any well, Neglecting to fence in tank or other dangerous place or structure, or, well, tank, &c. whoever causes any offensive matter to run from any house, factory, dungheap or the like into the street--shall be liable on Causing offensive matter conviction to a fine not exceeding fifty rupees or to imprisonment to run from house &c. of either description which may ex...
Tag this Judgment!Court : Kolkata
Reported in : (1896)ILR23Cal217
Prinsep, J.1. The matter raised in this second appeal is whether execution of the decree obtained by the respondent is barred by limitation. Admittedly the decree-holder is entitled to three years from 15th December 1890, when the judgment-debtors' property was put up for sale, and the sale was postponed as there were no bidders; execution was afterwards abandoned. On 7th October 1893 application for execution was next made. It was then found that the particulars required by Section 235 of the Code had not been given, and the application was returned for amendment, one week being allowed' for that purpose after the re-opening of the Courts on the termination of the vacation, that is, one week from the 30th October 1893. The decree-holder did not comply with the order, and it was not until 10th January 1894 that he made a fresh application in proper form attaching to it his former incomplete application. If this be regarded as a fresh application, execution is barred by limitation. The ...
Tag this Judgment!Court : US Supreme Court
United States v. Stanford - 161 U.S. 412 (1896) U.S. Supreme Court United States v. Stanford, 161 U.S. 412 (1896) United States v. Stanford No. 783 Argued January 28-29, 1896 Decided March 2, 1896 161 U.S. 412 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus An examination of the statutes of the United States relating to the construction of a railroad from the Missouri River to the Pacific Ocean, especially the Acts of July 1, 1862, c. 120, 12 Stat. 489, and July 2, 1864, c. 216, 13 Stat. 356, shows that every subscriber to the Union Pacific Railroad Company must be deemed to have become such upon the condition, implied by law, that he should not be personally liable for the debts of the corporation. It is equally clear that Congress intended to grant national aid to all the corporations constructing that connecting line of railroad upon terms and conditions applicable alike to all, with no purpose to make discriminations against any one part of the ...
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