Us Supreme Court Court January 1821 Judgments
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Hopkins Vs. Lee
Court: US Supreme Court
Decided on: 1821
Hopkins v. Lee - 19 U.S. 109 (1821) U.S. Supreme Court Hopkins v. Lee, 19 U.S. 6 Wheat. 109 109 (1821) Hopkins v. Lee 19 U.S. (6 Wheat.) 109 ERROR TO THE CIRCUIT COURT FOR THE DISTRICT OF COLUMBIA Syllabus A judgment or decree of a court of competent jurisdiction is conclusive wherever the same matter is again brought in controversy. But the rule does not apply to points which come only collaterally under consideration, or are only incidentally considered, or can only be argumentatively inferred from the decree. In an action at law by the vendee against the vendor for a breach of the contract in not delivering the thing sold, the proper measure of damages is not the price stipulated in the contract, but the value at the time of the breach. This rule applies to the sale of real as well as personal property, but quaere whether it is the proper measure of damages in the case of an action for eviction This was an action of covenant, brought by the defendant Page 19 U. S. 11...
Smith Vs. Universal Insurance Company
Court: US Supreme Court
Decided on: 1821
Smith v. Universal Insurance Company - 19 U.S. 176 (1821) U.S. Supreme Court Smith v. Universal Insurance Company, 19 U.S. 6 Wheat. 176 176 (1821) Smith v. Universal Insurance Company 19 U.S. (6 Wheat.) 176 ERROR TO THE CIRCUIT COURT OF MARYLAND Syllabus Where, in a policy of insurance, a technical total loss is asserted as the ground of recovery, the loss must be occasioned by the immediate operation of some of the perils insured against, and it is not sufficient that the voyage be abandoned for fear of the operation of the peril. The insurers do not undertake that the voyage shall be performed without delay or that the perils insured against shall not occur; they undertake only for losses sustained by those perils, and if any peril does begin to act upon the subject, yet if it be removed before any loss takes place and the voyage is not thereby broken up, but is or may be resumed, the insured cannot abandon for a total loss. Insurance on munitions of war laden on board a n...
Mayhew Vs. Thatcher
Court: US Supreme Court
Decided on: 1821
Mayhew v. Thatcher - 19 U.S. 129 (1821) U.S. Supreme Court Mayhew v. Thatcher, 19 U.S. 6 Wheat. 129 129 (1821) Mayhew v. Thatcher 19 U.S. (6 Wheat.) 129 ERROR TO THE DISTRICT COURT OF LOUISIANA Syllabus As by the laws of Louisiana questions of fact in civil bases are tried by the court unless either of the parties demands a jury, in an action of debt on a judgment, the interest on the original judgment maybe computed and make part of the judgment in Louisiana, without a writ of inquiry and the intervention of a jury. The record of a judgment in one state is conclusive evidence in another, although it appears that the suit in which it was rendered was commenced by an attachment of property, the defendant having afterwards appeared and taken defense. This was an action of debt commenced by the defendants in error against the plaintiff in error in the District Court of Louisiana upon a judgment obtained in the Circuit Court of Massachusetts. The original suit in which the judgm...
Cohens Vs. Virginia
Court: US Supreme Court
Decided on: 1821
Cohens v. Virginia - 19 U.S. 264 (1821) U.S. Supreme Court Cohens v. Virginia, 19 U.S. 6 Wheat. 264 264 (1821) Cohens v. Virginia 19 U.S. (6 Wheat.) 264 Syllabus This Court has, constitutionally, appellate jurisdiction under the Judiciary Act of 1789, c. 20, 25, from the final judgment or decree of the highest court of law or equity of a state, having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United State, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of such, their validity; or of the constitution, or of treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption sp...
The Collector
Court: US Supreme Court
Decided on: 1821
The Collector - 19 U.S. 194 (1821) U.S. Supreme Court The Collector, 19 U.S. 6 Wheat. 194 194 (1821) The Collector 19 U.S. (6 Wheat.) 194 APPEAL FROM THE CIRCUIT COURT OF MARYLAND Syllabus In all proceedings in rem on an appeal, the property follows the cause into the circuit court and is subject to the disposition of that court. But it does not follow the cause into the Supreme Court on an appeal to that Court. After an appeal from the district to the circuit court, the former court can make no order respecting the property, whether it has been sold and the proceeds paid into court or whether it remains specifically, or its proceeds remain, in the hands of the marshal. It is a great irregularity for the marshal to keep the property or the proceeds thereof in his own hands or to distribute the same among the parties entitled, without a special order from the court, but such an irregularity may be cured by the assent and ratification of all the parties interested if there b...
The Jonquille
Court: US Supreme Court
Decided on: 1821
The Jonquille - 19 U.S. 452 (1821) U.S. Supreme Court The Jonquille, 19 U.S. 6 Wheat. 452 452 (1821) The Jonquille 19 U.S. (6 Wheat.) 452 Syllabus An admiralty suit, where an appeal has been taken from the circuit court to this Court but not prosecuted, will be dismissed upon producing a certificate from the circuit court below that the appeal has been taken and not prosecuted. The Court stated that the case was within the spirit of the 20th Rule of court, although that rule applied in terms only to writs of error. Motion granted. ...
Spring Vs. South Carolina Insurance Company
Court: US Supreme Court
Decided on: 1821
Spring v. South Carolina Insurance Company - 19 U.S. 519 (1821) U.S. Supreme Court Spring v. South Carolina Insurance Company, 19 U.S. 6 Wheat. 519 519 (1821) Spring v. South Carolina Insurance Company 19 U.S. (6 Wheat.) 519 Syllabus In an equity cause, the res in litigation may be sold by order of the circuit court and the proceeds invested in stocks notwithstanding the pendency of an appeal to this Court. Page 19 U. S. 520 The Court denied the motion, but stated that as the object of the respondents was to have the proceeds of the property in litigation, which had been sold by order of the court below, invested in stocks, such investment might be made by the court below, notwithstanding the pendency of the appeal in this Court. Motion denied. ...
Preston's Heirs Vs. Bowmar
Court: US Supreme Court
Decided on: 1821
Preston's Heirs v. Bowmar - 19 U.S. 580 (1821) U.S. Supreme Court Preston's Heirs v. Bowmar, 19 U.S. 6 Wheat. 580 580 (1821) Preston's Heirs v. Bowmar 19 U.S. (6 Wheat.) 580 ERROR TO THE CIRCUIT COURT OF KENTUCKY Syllabus It is a universal rule that course and distance yield to natural and ascertained objects. But where these objects are wanting and the course and distance cannot be reconciled, there is no universal rule that obliges us to prefer the one to the other. Cases may exist in which the one or the other may be preferred according to the circumstances. In a case of doubtful construction, the claim of the party in actual possession ought to be maintained, especially where it has been upheld by the decisions of the state tribunals. This was an ejectment brought in the court below, in which the lessor of the plaintiff claimed title under a patent, describing the survey as "beginning at an ash in the middle of a line of Glenn's land, and with it north 20 degrees, east...
United States Vs. Daniel
Court: US Supreme Court
Decided on: 1821
United States v. Daniel - 19 U.S. 542 (1821) U.S. Supreme Court United States v. Daniel, 19 U.S. 6 Wheat. 542 542 (1821) United States v. Daniel 19 U.S. (6 Wheat.) 542 ON CERTIFICATE OF DIVISION OF OPINION AMONG THE JUDGES OF THE CIRCUIT COURT OF SOUTH CAROLINA Syllabus A division of the judges of the circuit court, on a motion for a new trial in a civil or a criminal case is not such a division of opinion as is to be certified to this Court for its decision under the sixth section of the Judiciary Act of 1802, ch. 291. This was an indictment in the Circuit Court of South Carolina against Lewis Daniel charging him with having knowledge of the actual commission of the crime of willful murder, committed on the high sea by John Furlong and with unlawfully, wickedly, and maliciously, concealing the same, &c.; The indictment set forth at large the indictment and conviction of John Furlong for willful murder on the high seas, and then charged Lewis Daniel with the knowledge an...
Mccluny Vs. Silliman
Court: US Supreme Court
Decided on: 1821
McCluny v. Silliman - 19 U.S. 598 (1821) U.S. Supreme Court McCluny v. Silliman, 19 U.S. 6 Wheat. 598 598 (1821) McCluny v. Silliman 19 U.S. (6 Wheat.) 598 Syllabus A state court cannot issue a mandamus to an officer of the United States. MR. JUSTICE JOHNSON delivered the opinion of the Court. This case presents no ordinary group of legal questions. They exhibit a striking specimen of the involutions which ingenuity may cast about legal rights, and an instance of the growing pretensions of some of the state courts over the exercise of the powers of the general government. The plaintiff in error, who was also the plaintiff Page 19 U. S. 599 below, supposes himself entitled to a preemptive interest in a tract of land in the State of Ohio, and claims of the register of the land office of the United States, the legal acts and documents upon which such rights are initiated. That officer refuses, under the idea that the right is already legally vested in another, and that he poss...
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