Court : US Supreme Court
..... the legal principles which must control. in carey v. houston & texas central ry., 150 u. s. 170 , the record exhibited the following controversy: stockholders of the railway company filed a bill in equity in a circuit court of the page 193 u. s. 469 united states, praying, among other relief, the setting aside of a certain ..... dismissed, and, in the course of the opinion, speaking through mr. chief justice fuller, it was said (pp. 150 u. s. 179 -181): "the judiciary act of march 3, 1891, in distributing the appellate jurisdiction of the national judicial system between the supreme court and the circuit court of appeals therein established, designated the classes ..... courts was to have final jurisdiction, (the judgments of the latter being subject to the supervisory power of this court through the writ of certiorari as provided), and the act has uniformly been so construed and applied as to promote its general and manifest purpose of lessening the burden of litigation in this court." " * * * *" " .....
Tag this Judgment!Court : US Supreme Court
..... tax the privilege of carrying on such commerce, nor can it tax property outside of its jurisdiction belonging to persons domiciled elsewhere. a state assessment upon an express company of another state proportioned to mileage is bad when it appears that the total valuation is made up principally from real and personal property, not necessarily used in ..... interferences with commerce among the states and also are contrary to the fourteenth amendment. the plaintiff's case may be stated in a few words. the american express company is engaged in commerce among the states, including indiana. it has real estate of a market value of nearly two million dollars, which is outside of indiana, ..... railroad v. california, 162 u. s. 91 , 162 u. s. 112 . the assessment being bad for the reasons which we have stated, the board of tax commissioners acted without jurisdiction, according to the decision of the supreme court of indiana. hart v. smith, 159 ind. 182. we do not abate at all from the strictness of the .....
Tag this Judgment!Court : US Supreme Court
..... act. the construction of these various treaties was not substantially, or in any other than a merely incidental or remote manner, drawn in question, and therefore a direct appeal to this court cannot be sustained. we think the appeals come within the principle of muse v. arlington hotel company, 168 u. s. 430 ; western union telegraph company v. ann arbor railway company ..... provision shall extend to the cession made by the sioux in the preceding article." [ footnote 3 ] " treaty of 1865" "article 4. the omaha indians, being desirous of promoting settled habits of industry and enterprise amongst themselves by abolishing the tenure in common by which they now hold their lands, and by ..... complainants were not entitled under the statute of 1882 to a second allotment or further participation in the tribal rights of the omaha tribe of indians. to these matters of defense the complainants then set up certain facts which they insisted were answers thereto, and that the complainants were therefore .....
Tag this Judgment!Court : US Supreme Court
..... a contract benefit derived from or advantage gained over another by coercing his will by means of threats even of the doing of a lawful act. the advantage resulting from the power conferred upon the company to sell enured to its benefit, since it saved it from a ruin which otherwise would have been occasioned. no compulsion in any legal ..... process of law, and in violation of the fourteenth amendment to the constitution of the united states. the bill based this contention upon the charge that, as the legislative act which gave the company the privilege to sell to the city, if it chose to do so, was coupled with the right conferred upon the city, if the ..... said city shall not proceed to supply water to itself or its inhabitants under the authority of chapter 471 of the acts of the year 1893, unless it shall have first purchased of said company the property aforesaid, and said company is authorized to make sale of said property to said city, and said city is authorized to purchase the same. .....
Tag this Judgment!Court : US Supreme Court
..... be enforced in the same action. and such is the law in south carolina. schumpert v. southern railway company, 65 s.c. 332. in that case, it was held that, under the state code of civil procedure, in actions ex delicto, acts of negligence and willful tort might be commingled in one statement as causes of injury; that master and ..... the case. the right of removal depends on the act of congress, and the company not only, on the face of the pleadings, did not come within the act, but it made no effort to assert the right. the rule is well settled, as stated by mr. justice gray in powers v. chesapeake & ohio railway company, 169 u. s. 92 , "that an ..... was sought to raise federal questions in respect of the acts of congress (1) providing for the removal of cases from a state court to a court of the united states, and (2) providing that railroad companies engaged in interstate commerce shall equip their cars with automatic couplers. 1. the railway company did not at any time apply for the removal of .....
Tag this Judgment!Court : US Supreme Court
..... the report were approved by the secretary of the interior, the tracts selected should thereafter constitute that reservations for those indians, and within which the allotments provided for in the act should be made. under this act, a report had been made to the secretary of the interior by the commission sometime after the conclusion of their ..... made by heads of families. the appellee was such, and was so recognized by the land department. by 6 of the act, the secretary of the interior had power to determine all disputes between indians respecting the allotments. if more than one person claimed the same land, it is, as we think clear that the dispute ..... prove the residence of the appellee on the reservation at the time of the passage of the act of 1885, called the "allotment act." that act had reference, as its preamble states, to the "confederated bands of cayuse, walla walla, and umatilla indians, residing upon the umatilla reservation, in the state of oregon." it related to the residence .....
Tag this Judgment!Court : US Supreme Court
..... at the foreclosure sale, upon a redemption (which reduction was made by the legislature prior to the sale, although subsequently to the mortgage), was held valid. the company, as purchaser at the foreclosure sale, bid enough to pay the principal and interest of its debt, and after the purchase it contended that the attempted redemption ..... legislation impaired his contract as mortgagee with the mortgagor. in gantly v. ewing, 3 how. 707, after the mortgage had been executed, the legislature passed an act which required, on sales upon execution issued upon a judgment, that the property should first be appraised, and should not thereafter be sold on execution for a sum ..... reversed the decree of the court of chancery and entered a decree for the complainant. upon writ of error from this court, it was here decided that the act of the legislature was invalid as an impairment of the mortgage contract, upon the authority of bronson v. kinzie, supra, which had never decided the particular question. .....
Tag this Judgment!Court : US Supreme Court
..... final decree in that case, the title of the united states was quieted as to certain lands situated in dickinson and o'brien counties, and claimed by the railroad company under the act of 1864. in the page 194 u. s. 481 opinion in that case, which was decided here october 21, 1895, the court said: "another contention is, that, ..... had issued, a patent to the present appellant solely in virtue of her alleged purchase on june 21, 1887, from the sioux city & st. paul railroad company, after the passage of the adjustment act of march 3, 1887, and in virtue of its fourth section. sands, alleging that such action, if taken, would be unlawful and contrary to law, prayed ..... ; rector v. gibbon, 111 u. s. 276 ; nelson v. northern pacific railway, 188 u. s. 108 , 188 u. s. 123 . we are of opinion that the fourth section of the adjustment act of 1887 has no reference to any unearned lands purchased after the date of that act from a company to whom they had never been certified or patented, although, if it .....
Tag this Judgment!Court : US Supreme Court
..... period of redemption beyond the time previously allowed, could not apply to a sale under a mortgage executed before its passage, and mr. justice shiras, referring to brine v. insurance company, 96 u. s. 627 , 96 u. s. 637 , said: "but this court held, through mr. justice miller, that all the laws of a state existing at ..... successive years, made her the legal owner of the lands to the extent and according to the purport of her paper title;" that, "under section 4 of the same act, her possession and actual residence, through her tenants, for seven successive years, having a connected title in law or equity deducible of record from the united states, by ..... went into force july 1, 1872, the provisions of which were not materially different from those above quoted, but section 30 was as follows, the additions to former acts being indicated by italics: "sec 30. when the premises mentioned in any such certificate shall not be redeemed in pursuance of law, the legal holder of such certificate shall .....
Tag this Judgment!Court : US Supreme Court
..... to which we have been driven, it is enough to say that the question presented is whether shares of stock in the western railway of alabama, an alabama corporation, held by the georgia railroad & banking company, a georgia corporation, are taxable as property of the latter, by the state of georgia, under its constitution and statutes. ..... that. the code, after defining personalty as property movable in its nature, continues: "stocks representing shares in an incorporated company holding lands page 195 u. s. 221 or a franchise in or over lands are personalty." 3070. the act of 1884-1885, touching returns of property for taxation, no. 457, 2, p. 30, enacted in terms " ..... questions now propounded to taxpayers by the tax receivers, questions shall be framed by the comptroller general to reach all property upon which a tax is imposed by this act, and especially the following questions: . . . thirtieth -- how many shares of stock did you own on the day fixed for the return of property for taxation .....
Tag this Judgment!