Court : US Supreme Court
..... and is through land which was not government land, but which belonged to private individuals or corporations, and was acquired by the railroad company under and through the right conferred upon it by said act of congress," should be held conclusive as to the number of miles subject to taxation. the trial court found, as stated, ..... possession of the property sold, including the receiver's notes or certificates hereinbefore mentioned, and also any indebtedness and liabilities contracted or incurred by said defendant railroad company in the operation of its railroad prior to the appointment of receivers, which are prior in lien to said first mortgage, and which shall not be paid ..... an identification of the property subject to taxation and a determination of the amount of taxes due, it would be inequitable to charge penalties for nonpayment. lake shore & michigan southern railway co. page 183 u. s. 545 v. people, 46 mich.193; redwood county v. winona & st. peter land co., 40 minn. 512, 522. this .....
Tag this Judgment!Court : US Supreme Court
..... was situated, and therefore the notice actually given him was not a notice in point of law, and the auditor, in proceeding with the duties of his office, acted without jurisdiction, and that consequently the plaintiff in error has been deprived of his property without due process of law. the supreme court of indiana disposed of this contention ..... privileges and immunities which upon the same terms do not equally belong to all citizens. this arraignment of the statute is based on the fact that edward p. gallup, though acting as executor of william p. gallup, deceased, in the county of marion, indiana, was, at the time he was served with the auditor's notice, not a ..... amount of personal property belonging to and in possession of said decedent had not been listed for taxation for the years 1881 to 1893, both inclusive, and upon that day, acting under section 8560, burns' rev.stat. 1894, caused to be served by the sheriff upon edward p. gallup, as executor, who was at the time in indianapolis, .....
Tag this Judgment!Court : US Supreme Court
..... receipts were entrusted." "but so far as a forfeiture arose from the residence of the insured within the prohibited district, the case is different. there is nothing in the acts of the company which goes to show that it ever authorized its agents to waive a forfeiture thus incurred, or that it ever knew of any residence of the insured within the ..... as are made or attempted to be made after it has been delivered and taken effect as a valid instrument, and should not be considered as having relation to acts done by the company or its agents at the inception of the contract. 101 f. 77. page 183 u. s. 341 in such divergence of decisions, we have deemed it proper to ..... policy, was conceded, and in order to avoid page 183 u. s. 339 the effect of the condition above quoted, the plaintiff undertook to prove that the defendant company, by its own acts, had waived the condition, and was thereby estopped from setting it up as a bar to his recovery. as is usual in such cases, there was more or less .....
Tag this Judgment!Court : US Supreme Court
..... to be carried out. i think that exhausts the substance of the cases." [ footnote 4 ] hoagland v. segur, (1876) 38 n.j.l. 230; wolf v. des moines & fort dodge railway co., (1884) 64 ia. 380, 386; burrill v. daggett, (1885) 77 me. 545; jaqua v. headington, (1888) 114 ind. 309; wibaux v. grinnell live stock co., (1889) 9 mont. ..... , and it is well settled that the president or other general officer of a corporation has power prima facie to do any act which the directors or trustees of the corporation could authorize or ratify. oaks v. cattaraugus water company, 143 n.y. 430, 436, and cases cited. the burden was on the sun association to establish that lord did not possess ..... with a few brief excerpts from some of the decisions just referred to. in ranger v. great western railway co., in the course of his opinion lord cranworth said (p. 94): "there is no doubt that, where the doing of any particular act is secured by a penalty, a court of equity is in general anxious to treat the penalty as being .....
Tag this Judgment!Court : US Supreme Court
..... of the act a proviso that the united states "should extinguish, as rapidly as ..... s. 733 , inasmuch as it was held that the grant by act of july 2, 1864, to the northern pacific railroad of lands to which the indian title had not been extinguished operated to convey the fee to the company subject to the right of occupancy by the indians, but the case is distinguishable, as there was in the second section ..... might be consistent with public policy and the welfare of the indians, their title to all lands falling .....
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..... attempted to be thrown open to public entry, and a patent was subsequently issued to frank hicks, and that frank hicks and his wife conveyed the same to the midway company, the plaintiff in error, "who now holds whatever title thereto inured to the said frank hicks." that neither orillie stram nor her husband, nor any of the defendants, "were ..... said certificates or scrip shall be valid." page 183 u. s. 608 on the latter provision of the act the plaintiff in error bases the contention that the scrip is not assignable, and that the power of location is strictly personal to the indian, and must be made whether on surveyed or unsurveyed land either by him or for his benefit, and ..... (1902) u.s. supreme court midway co. v. eaton, 183 u.s. 602 (1902) midway company v. eaton no. 80 argued december 4-5, 1901 decided january 13, 1902 183 u.s. 602 error to the supreme court of the state of minnesota syllabus under the act of july 17, 1854, c. 83, 10 stat. 304, sioux half-breed certificates were issued .....
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..... texas, on the 29th of october, 1894. an export bill of lading was given by the sherman, shreveport & southern railway company, that company purporting to act not only on its own, but also on behalf of the texas & pacific railway, and of the elder dempster & co. steamship lines. the bill of lading provided for the carriage of the cotton from ..... and second that the carriage of the cotton to the terminal wharf at westwego, for transhipment there to the steamship line, was a deviation, and hence the railway company was not entitled to avail itself of the exception against loss by fire. upon issue joined, a trial was had in the circuit court. after the plaintiffs ..... justified the jury in concluding that the negligent acts of stowing the cotton high up around the hose and the hydrant and the valve connected with it created a condition so conducing to error of judgment and misdirected efforts as to page 184 u. s. 198 render the railway company responsible therefor. and this conclusion is greatly .....
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..... the amount and page 184 u. s. 224 in the manner herein alleged. that, immediately after the retirement of said preferred stock, said northern pacific railway company, acting through its board of directors and executive officers, exercised its right and option of declaring said bonds to be convertible into the shares of the common ..... at the request of said james j. hill, william p. clough, j. pierpont morgan, and their several associate stockholders of said great northern railway company and said northern pacific railway company, as above alleged, acting in concert with said parties." "that said james j. hill, william p. clough, and j. pierpont morgan, who, with their associates, ..... of the defendant and the receipt by it of a controlling amount of the capital stock of the said northern pacific and great northern railway companies, as well as each act of the officers and board of directors thereof in entering into, adopting, or executing the agreement or plan herein set forth, including the .....
Tag this Judgment!Court : US Supreme Court
..... "record" because this court will not reverse a judgment for want of jurisdiction in the circuit court if its jurisdiction sufficiently appears either from the pleadings or from the record. railway company v. ramsey, 22 wall. 322; briges v. sperry, 95 u. s. 401 ; robertson v. cease, 97 u. s. 646 , 97 u. s. 648 . the complaint here ..... after its passage." one of the contentions of the city is that the words "outstanding indebtedness evidenced by bonds and warrants thereof" in this act do not embrace the 89 bonds executed by the water company. those bonds, although not executed by the city, page 184 u. s. 314 certainly constituted a part of its outstanding indebtedness, for the ..... the public and third persons is firmly established, although it is sometimes difficult to determine whether the evidence is such as to warrant a finding that a particular act or acts, the legality of which may be in issue in a given case, were those of a de facto officer. the contention of the defendant is that jeter .....
Tag this Judgment!Court : US Supreme Court
..... enter into the construction of the levee, yet it was inextricably intermingled with that furnished by private individuals, by the new levee and drainage district, by three railroad companies, and by the united states government, the total aggregating half a million dollars, from 1877 to 1893. in litchfield v. ballou, 114 u. s. 190 , ..... accounts of the state of illinois, do hereby certify that the within bond has been registered in this office this day pursuant to the provisions of an act entitled 'an act to provide for the registration of drainage and levee bonds, and secure the payment of the same,' approved april 9th, 1872, and in force july 1st ..... , and shall pay over the amounts so collected to the commissioners." " 34. the commissioners, when appointed and qualified pursuant to this chapter, may do any and all acts that may be page 184 u. s. 456 necessary in and about the surveying, laying out, constructing, repairing, altering, enlarging, cleaning, protecting and maintaining any drain, .....
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