Court : US Supreme Court
Decided on : Jan-01-1849
Patton v. Taylor - 48 U.S. 132 (1849) U.S. Supreme Court Patton v. Taylor, 48 U.S. 7 How. 132 132 (1849) Patton v. Taylor 48 U.S. (7 How.) 132 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY Syllabus A bill in chancery filed by the purchaser of land against his vendor to restrain the collection of the purchase money upon the two grounds of want of title in the vendor and his subsequent insolvency, without charging fraud or misrepresentation, cannot be sustained. Relief will not be given on the ground of fraud unless it be made a distinct allegation in the bill, so that it may be put in issue in the pleadings. It was error in the court below to reject the testimony of an attorney upon the ground of his being security for costs when the party for whom he was security had already obtained a judgment against his adversary, and also upon the ground of his being interested, when he held certain notes only for the purpose of paying the money over to ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1849
McArthur's Heirs v. Dun's Heirs - 48 U.S. 262 (1849) U.S. Supreme Court McArthur's Heirs v. Dun's Heirs, 48 U.S. 7 How. 262 262 (1849) McArthur's Heirs v. Dun's Heirs 48 U.S. (7 How.) 262 ON CERTIFICATE OF DIVISION IN OPINION BETWEEN THE JUDGES OF THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OHIO Syllabus The proviso in the second section of the Act passed on 1 March, 1823, 3 Stat. 773, entitled, "An act for extending the time for locating Virginia military land warrants and returning surveys thereon to the General Land Office," which proviso is as follows, viz., "Provided that no locations, as aforesaid, in virtue of this or the preceding section of this act shall be made on tracts of lands for which patents had previously been issued or which had been previously surveyed, and any patent which may nevertheless be obtained for land located contrary to the provisions of this act shall be considered null and void" protected an entry which had been made in the na...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1849
Passenger Cases - 48 U.S. 283 (1849) U.S. Supreme Court Passenger Cases, 48 U.S. 7 How. 283 283 (1849) Passenger Cases 48 U.S. (7 How.) 283 ERROR TO THE COURT FOR THE TRIAL OF IMPEACHMENTS AND CORRECTION OF ERRORS OF THE STATE OF NEW YORK AND THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus Statutes of the states of New York and Massachusetts, imposing taxes upon alien passengers arriving in the ports of those states declared to be contrary to the Constitution and laws of the United States, and therefore null and void. Inasmuch as there was no opinion of the Court as a Court, the reporter refers the reader to the opinions of the judges for an explanation of the statutes and the points in which they conflicted with the Constitution and laws of the United States. These were kindred cases, and were argued together. They were both brought up to this Court by writs of error issued under the twenty-fifth section of the Judiciary Act, the case of Smith v. Turner being brought...
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Decided on : Jan-01-1849
Lawrence v. Allen - 48 U.S. 785 (1849) U.S. Supreme Court Lawrence v. Allen, 48 U.S. 7 How. 785 785 (1849) Lawrence v. Allen 48 U.S. (7 How.) 785 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus By the fifth section of the Tariff Act passed on 30 August, 1842, 5 Stat. 555, a duty of thirty percent is imposed on "India rubber oil cloth, webbing, shoes, braces or suspenders, or any other fabrics or manufactured articles composed wholly or in part of India rubber." In the ninth section, among other articles declared to be exempt from duty is "India rubber in bottles or sheets, or otherwise unmanufactured." By these sections, the duty of thirty percent is payable upon shoes made of India rubber in Brazil, although they are made by the same process as bottles or sheets, provided they come to this country in a condition to be worn without further material labor on them here, and were actually worn in this form, and provided they were c...
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