Court : US Supreme Court
Decided on : Apr-16-1894
Lowndes v. Huntington - 153 U.S. 1 (1894) U.S. Supreme Court Lowndes v. Huntington, 153 U.S. 1 (1894) Lowndes v. Huntington No. 117 Argued December 18-19, 1893 Decided April 16, 1894 153 U.S. 1 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus The grant to the Town of Huntington, made by the Governor General under the Duke of York on the 30th of November, 1666, and confirmed by Governor General Dongan in 1688, and again confirmed, with a change in description, by Governor General Fletcher in 1694, operated to convey to the grantee the lands under tidewater in Huntington Bay, as defined by a line drawn from Lloyd's Neck to Eaton's Neck, and any title to such lands under water which came to the State of New York, was ceded to the trustees of the town by the state, by the act of its legislature of May 10, 1888, c. 279. In reaching this conclusion, this Court follows the settled rules of decision in the courts of New York relating to...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-05-1894
Coleman v. United States - 152 U.S. 96 (1894) U.S. Supreme Court Coleman v. United States, 152 U.S. 96 (1894) Coleman v. United States No. 109 Submitted November 23, 1893 Decided March 5, 1894 152 U.S. 96 APPEAL FROM THE COURT OF CLAIMS Syllabus In an action brought to recover fees as assistant district attorneys in suits to vacate patents of public land, it being conceded that the complainants did not expect, during the period in which the services were performed, that the United States would compensate them, and that they looked for recompense to the clients who had retained them, and that the use of the name of the United States had been consented to on the application of the plaintiffs with the understanding that they were to receive no compensation from the United States, and that on the first intimation that they might look to the United States for compensation, their formal employment was at once terminated, held that there was no contract, express or implied, betwe...
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Decided on : May-26-1894
Barden v. Northern Pacific R. Co. - 154 U.S. 288 (1894) U.S. Supreme Court Barden v. Northern Pacific R. Co., 154 U.S. 288 (1894) Barden v. Northern Pacific Railroad Company No. 612 Argued April 17, 1894 Decided May 26, 1894 154 U.S. 288 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA Syllabus By the grant of public land made to the Northern Pacific Railroad Company by the Act of July 2, 156, c. 217, 13 Stat. 365, all mineral lands other than iron or coal are excluded from its operation, whether known or unknown, and all such mineral lands, not otherwise specially provided in the act making the grant, are reserved exclusively to the United States, the company having the right to select unoccupied and unappropriated agricultural lands in odd sections nearest to the line of the road in lien thereof. Deffeback v. Hawke, 115 U. S. 392 , and Davis v. Weibbold, 139 U. S. 507 , explained and distinguished. This was an action for the possession of...
Tag this Judgment!Court : US Supreme Court
Decided on : May-14-1894
South Carolina v. Seymour - 153 U.S. 353 (1894) U.S. Supreme Court South Carolina v. Seymour, 153 U.S. 353 (1894) South Carolina v. Seymour No. 1140 Submitted April 9, 1894 Decided May 14, 1894 153 U.S. 353 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus On a writ of mandamus in behalf of a state to the Commissioner of Patents to register, under the Act of March 3, 1881, c. 138, a trademark used by the state on intoxicating liquors in commerce with a foreign nation, and which the Commissioner of Patents has refused to register on the ground that the state, by its own laws, had no authorized trade in liquors outside of its limits, the validity of an authority exercised under the United States is not drawn in question, and therefore, in the absence of evidence of the value of the registration, a judgment of the Court of Appeals of the District of Columbia denying the writ of mandamus cannot be reviewed by this Court on writ of error under the Act of Februar...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-05-1894
Dunlap v. Schofield - 152 U.S. 244 (1894) U.S. Supreme Court Dunlap v. Schofield, 152 U.S. 244 (1894) Dunlap v. Schofield No. 149 Submitted December 5, 1893 Decided March 5, 1894 152 U.S. 244 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus A patentee of an invention or of a design cannot, in a suit against infringers thereof, recover damages within section 4900 of the Revised Statutes or the penalty imposed by the Act of February 4, 1887, c. 105, without alleging and proving either that patented articles made and sold by him, or the packages containing them, were marked "patented," or else that he gave notice to the defendants of his patent and of their infringement. This was a bill in equity, filed May 7, 1889, for the infringement of letters patent issued April 2, 1889, for the term of three and a half years, by the United States to Julius Stroheim for a design for rugs. The bill alleged that the design was new and or...
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Decided on : Apr-30-1894
Mann v. Tacoma Land Co. - 153 U.S. 273 (1894) U.S. Supreme Court Mann v. Tacoma Land Co., 153 U.S. 273 (1894) Mann v. Tacoma Land Company No. 375 Argued April 18-19, 1894 Decided April 30, 1894 153 U.S. 273 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON Syllabus Scrip or certificates for public land, issued under the Act of April 5, 1872, c. 89, 17 Stat. 649, "for the relief of Thomas B. Valentine" cannot be located on tideland in the Washington, covered and uncovered by the flow and ebb of the tide. The general legislation of Congress in respect to public lands does not extend to tidelands. On July 12, 1890, appellant, as plaintiff, filed his bill in the Circuit Court of the United States for the District of Washington to restrain the defendant from entering and trespassing upon certain premises. Subsequently, by leave of the court, an amended bill was filed. In that, plaintiff claimed title to three separate tracts. The allegations as ...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-05-1894
Hutchinson Investment Co. v. Caldwall - 152 U.S. 65 (1894) U.S. Supreme Court Hutchinson Investment Co. v. Caldwall, 152 U.S. 65 (1894) Hutchinson Investment Co. v. Caldwall No. 190 Argued January 3-4, 1894 Decided March 5, 1894 152 U.S. 65 ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS Syllabus In states whose laws permit illegitimate children, recognized by the father in his lifetime, to inherit from him, such children are "heirs" within the meaning of Rev.Stat. 2269, which provides that when a party entitled to claim the benefits of the preemption laws of the United States dies before consummating his claim, his executor or administrator may do so, and the entry in such case shall be made in favor of his heirs, and the patent, when issued, inure to them as if their names had been specially mentioned. This was an action brought by John Caldwell against D. B. Miller (for whom the Hutchinson Investment Company Page 152 U. S. 66 was substituted) and L. B. Miller in th...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-22-1894
California Powder Works v. Davis - 151 U.S. 389 (1894) U.S. Supreme Court California Powder Works v. Davis, 151 U.S. 389 (1894) California Powder Works v. Davis No. 301 Submitted January 8, 1894 Decided January 22, 1894 151 U.S. 389 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus Two parties claiming title to the same land in California, each under a Mexican grant made prior to the Treaty of Guadalupe Hidalgo, and each under a patent from the United States, one of them filed a bill in equity against the other in a district court in San Francisco to quiet Page 151 U. S. 390 title. The cause was transferred to the superior court for that city and county, and being heard there, it was decreed that the defendant's title was procured by fraud, and the relief sought for was granted. On appeal to the supreme court of the state, the judgment was affirmed, the court saying that the question of the genuineness of each original grant was a legitimate subject of inquir...
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Decided on : Mar-12-1894
Michigan v. Flint and La Pere Marquette R. Co. - 152 U.S. 363 (1894) U.S. Supreme Court Michigan v. Flint and La Pere Marquette R. Co., 152 U.S. 363 (1894) Michigan v. Flint and La Pere Marquette Railroad Company No. 913 Submitted January 29, 1894 Decided March 12, 1894 152 U.S. 363 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus The decision of the highest court of a state in a suit brought by the state to establish its title to lands within the state claimed and occupied by a railroad company that the state was estopped by its acts, conduct, silence, and acquiescence from setting up such claim presents no federal question for revision by this court. Motion to dismiss. This was a bill or information filed on behalf of the State of Michigan in the Ingham Circuit Court, December 13, 1887, against the Flint and Pere Marquette Railroad Company and others, claiming title to certain lands under and by virtue of the grant by Act of Congress of September 28, 1850, co...
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Decided on : Dec-10-1894
United States ex Rel. International Contracting Co. v. Lamont - 155 U.S. 303 (1894) U.S. Supreme Court United States ex Rel. International Contracting Co. v. Lamont, 155 U.S. 303 (1894) United States ex Rel. International Contracting Company v. Lamont No. 639 Argued and submitted October 23, 1894 Decided December 10, 1894 155 U.S. 303 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus As mandamus will only lie to enforce a ministerial duty, as distinguished from a duty that is merely discretionary, and as the duty must exist at the time when the application is made, the Secretary of War cannot be required by mandamus to sign a contract for the performance of work by a party who is already under written contract with him to perform the same work for the government at a lower price and under different conditions. In pursuance of an act of Congress making an appropriation for that purpose, an advertisement appeared August 6, 1892, inviting proposals for doing ...
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