Court : US Supreme Court
Decided on : Jan-01-1855
United States v. Fremont - 59 U.S. 30 (1855) U.S. Supreme Court United States v. Fremont, 59 U.S. 18 How. 30 30 (1855) United States v. Fremont 59 U.S. (18 How.) 30 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Where the record is not filed by the appellant, within the time prescribed by the rules of this Court, and the appellee files a copy of it, the appeal will be dismissed upon his motion. Also, where a mandate went down from this Court to the district Court of the United States for the Northern District of California, and that court entered a decree according to the mandate, this furnishes no ground for an appeal, and the case will be dismissed upon that ground. As this case involved a principle somewhat novel, and especially an important point of practice, the reporter thinks it proper to insert the papers upon which the motion to dismiss the appeal was founded. "The appellee, J. C. Fremont, by his counsel, moves ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1855
Barnard v. Ashley - 59 U.S. 43 (1855) U.S. Supreme Court Barnard v. Ashley, 59 U.S. 18 How. 43 43 (1855) Barnard v. Ashley 59 U.S. (18 How.) 43 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The Act of congress passed on the 4th of July, 1836, 5 Stat. 107, provided for a direct supervision by the Commissioner of the General Land Office over registers and receivers of the land offices, and therefore their judgment is not conclusive in a case where additional proceedings were had before them in 1837. The cases of Wilcox v. Jackson, 13 Pet. 511, and Lytle v. Arkansas, 9 How. 333, commented on and explained. Where a survey was approved on June 4, 1834, a selection made, under the authority of congress, by Governor Pope on June 6, 1834, the lands thus selected were not open to preemptions under the act of June 19, 1834. Where there was an erroneous survey, a selection of a section did not attach until a correct survey was re...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1855
Ham v. Missouri - 59 U.S. 126 (1855) U.S. Supreme Court Ham v. Missouri, 59 U.S. 18 How. 126 126 (1855) Ham v. Missouri 59 U.S. (18 How.) 126 ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus The Act of congress passed on the 6th of March, 1820, 3 Stat. 547, accepted by an ordinance declaring the assent of the people of Missouri thereto, adopted on the 19th of July, 1820, granted to the state for the use of schools the sixteenth section of every township in the state, which had not been sold or otherwise disposed of. This expression, "otherwise disposed of," does not include the case of an imperfect title claimed to be derived from the Spanish governor which had been rejected by the board of commissioners in 1811. The claim was confirmed in 1828 so far as to relinquish all the title which the United States then had, but at that time the United states had no title, having granted the land to Missouri in 1820, which they had a right to do. The proviso in the Act of...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1855
Cooper v. Roberts - 59 U.S. 173 (1855) U.S. Supreme Court Cooper v. Roberts, 59 U.S. 18 How. 173 173 (1855) Cooper v. Roberts 59 U.S. (18 How.) 173 ERROR FOR THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MICHIGAN Syllabus It has always been a cherished policy with the government of the United States to appropriate the section numbered sixteen in every township of land for the use of schools. Reservations were made in the sale of other lands which contained salt springs or lead mines, but not in the appropriation of section sixteen for schools. When the State of Michigan was admitted into the Union, it was upon the condition that every section numbered sixteen in every township of the public lands, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of schools. When the lands are surveyed and marked out, the title of the state attaches to No. 16, and...
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