Court : US Supreme Court
United States v. Texas - 162 U.S. 1 (1896) U.S. Supreme Court United States v. Texas, 162 U.S. 1 (1896) United States v. Texas, 162 U.S. 1 (1896) No. 8, Original Argued October 23-25, 1896 Decided March 16, 1896 162 U.S. 1 ORIGINAL Syllabus The treaty between the United States and Spain, made in 1819, and ratified in 1821, provided "the boundary line between the two countries west of the Mississippi shall begin on the Gulf of Mexico at the mouth of the River Sabine in the sea, continuing north, along the western bank of the river to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; then following the course of the Rio Roxo westward to the degree of longitude 100 west from London and 23 from Washington; then, crossing the said Red River and running thence, by a line due north to the River Arkansas; thence, following the course of the southern bank of the Arkansas, to its source, in ...
Tag this Judgment!Court : US Supreme Court
Brown v. Walker - 161 U.S. 591 (1896) U.S. Supreme Court Brown v. Walker, 161 U.S. 591 (1896) Brown v. Walker No. 765 Argued January 23, 1896 Decided March 23, 1896 161 U.S. 591 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus The provision in the Act of February 11, 1893, c. 83, 27 Stat. 443, "that no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture: but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify, or produce evidence, documentary or otherwise, before said Commiss...
Tag this Judgment!Court : US Supreme Court
Bacon v. Texas - 163 U.S. 207 (1896) U.S. Supreme Court Bacon v. Texas, 163 U.S. 207 (1896) Bacon v. Texas No. 296 Argued May 6-7, 1896 Decided May 18, 1896 163 U.S. 207 ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS Syllabus In this case, application was made by the defendants below, after judgment, to the Supreme Court of Texas for a writ of error to the Court of Civil Appeals for the Second District for the purpose of reviewing the judgment of that court, and the application was denied. Held that this Court has jurisdiction to reexamine the judgment on writ of error to the court of civil appeals. In case of a change of phraseology in an article in a state constitution, it is for the state courts to determine whether the change calls for a change of construction. Where there are two grounds for the judgment of a state court, one only of which involves a federal question, and the other is broad enough to maintain a ju...
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal216
Ameer Ali, J.1. The plaintiff seeks in this suit to recover possession of two houses situated in Calcutta, being No. 97, Canning Street, and No. 2, Portuguese Church Street. Originally she had also included in her claim No. 96, Canning Street, but when the case came on for trial that portion of the claim was abandoned.2. The circumstances which have given rise to this suit are shortly these.3. On the 9th of February 1816 a deed of settlement in contem(sic)tion marriage was executed by a gentleman named Moradkban, belonging to the Armenian community. The lady whom he was going to marry, together with the trustees of the settlement, were parties to the deed.4. By that deed Moradkhan assigned a sum of Rs. 25,000, which he had lent out to some people, to the aforesaid trustees, named Manuk and Gasper, upon certain trusts, to which I shall refer more particularly later on, with a power to them to invest the money when realised in 'real or Government securities.' In pursuance of or acting un...
Tag this Judgment!Court : US Supreme Court
Scott v. Donald - 165 U.S. 58 (1897) U.S. Supreme Court Scott v. Donald, 165 U.S. 58 (1897) Scott v. Donald Nos. 411-413 Argued October 21-22, 1896 Decided January 18, 1897 165 U.S. 58 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA Syllabus Where a suit is brought against defendants who claim to act as officers of a state and under color of an unconstitutional statute commit acts of wrong and injury to the property of the plaintiff, to recover money or property in their hands unlawfully taken by them in behalf of the state, or for compensation for damages, such suit is not an action against the state within the meaning of the Eleventh Amendment to the Constitution of the United States. Although the question of the jurisdiction of the court below has not been certified to this Court in the manner provided by the fifth section of the Judiciary Act of March 3, 1891, yet, as the case is before it in a case in which the law of a state is clai...
Tag this Judgment!Court : US Supreme Court
Atlantic & Pacific R. Co. v. Mingus - 165 U.S. 413 (1897) U.S. Supreme Court Atlantic & Pacific R. Co. v. Mingus, 165 U.S. 413 (1897) Atlantic & Pacific Railroad Company v. Mingus No. 100 Argued December 15-16, 1896 Decided February 15, 1897 165 U.S. 413 ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus Congress did not intend by the statutes under which the Atlantic and Pacific Railroad Company received its grants of public land to vest the lands absolutely in the company, without a right to the government to reacquire them on failure of the company to comply with the conditions of the grant, and no express provision for a forfeiture was necessary in order to fix the rights of the government, and to authorize reentry in case of breach of condition. The Act of April 20, 1871, c. 33, 17 Stat. 19, did not alter, amend or repeal the Act of July 27, 1866, c. 278, 14 Stat. 292, in these respects, except so far as it permitted a foreclosure of any mortgage which...
Tag this Judgment!Court : US Supreme Court
United States v. Santa Fe - 165 U.S. 675 (1897) U.S. Supreme Court United States v. Santa Fe, 165 U.S. 675 (1897) United States v. Santa Fe No. 298 Argued January 7-8, 1896 Decided March 1, 1897 165 U.S. 675 APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus The Spanish law did not, proprio vigore, confer upon every Spanish villa or town a grant of four square leagues of land, to be measured from the center of the plaza of such town. Although, under that law, all towns were not, on their organization, entitled by operation of law to four square leagues, yet, at a time subsequent to the organization of Santa Fe, Spanish officials adopted the theory that the normal quantity which might be designated as the limits of new pueblos to be thereafter created was four square leagues. The rights of Santa Fe depend upon Spanish law as it existed prior to the adoption of that theory. An inchoate claim, which could not have been asserted as an absolute right against the governmen...
Tag this Judgment!Court : US Supreme Court
United States v. Trans-Missouri Freight Ass'n - 166 U.S. 290 (1897) U.S. Supreme Court United States v. Trans-Missouri Freight Ass'n, 166 U.S. 290 (1897) United States v. Trans-Missouri Freight Association No. 67 Argued December 8, 9, 1896 Decided March 22, 1897 166 U.S. 290 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The dissolution of the freight association does not prevent this Court from taking cognizance of the appeal and deciding the case on its merits, as, where parties have entered into an illegal agreement and are acting under it, and there is no adequate remedy at law, and the jurisdiction of the court has attached by the filing of a bill to restrain such or like action under a similar agreement, and a trial has been had and judgment entered, the appellate jurisdiction of this Court is not ousted by a simple dissolution of the association, effected subsequently to the entry of judgment in the suit. While the statutory amount must, as...
Tag this Judgment!Court : US Supreme Court
Compton v. Jesup - 167 U.S. 1 (1897) U.S. Supreme Court Compton v. Jesup, 167 U.S. 1 (1897) Compton v. Jesup No. 314 Argued December 4, 1896 Decided May 10, 1897 167 U.S. 1 CERTIFICATE FROM THE COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In the course of the various proceedings, referred to in the statement of the case, below, for the foreclosure of mortgages in different states upon different railroads which constituted a part of what was known as the Wabash System, and for its reorganization, the claim of the appellant which forms the subject of this appeal was considered. His claim was for equipment bonds for equipment furnished the Ohio division. Among the proceedings was a suit in Indiana involving the question of the lien of such bonds upon the portion of the road in Indiana, in which it was decreed that there was no lien. The various proceedings resulted on the 23d of March, 1889, in a decree of foreclosure in the several circuit courts in Ohio, Indiana, and Illi...
Tag this Judgment!Court : US Supreme Court
United States v. Sandoval - 167 U.S. 278 (1897) U.S. Supreme Court United States v. Sandoval, 167 U.S. 278 (1897) United States v. Sandoval Nos. 205, 599 Argued March 9-10, 1897 Decided May 24, 1897 167 U.S. 278 APPEALS FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus Under the laws of the Indies, lands not actually allotted to settlers remained the property of the king, to be disposed of by him or by those on whom he might confer that power, and as at the date of the Treaty of Guadalupe Hidalgo, neither the municipalities nor the settlers within them, whose rights are the subject of controversy in these suits, could have demanded the legal title of the former government, the Court of Private Land Claims was not empowered to pass the title to either, but it is for the political department of the government to deal with any equitable rights which may be involved. United States v. Santa Fe, 165 U. S. 175 , involved the same considerations in its disposition as those presented...
Tag this Judgment!