Court : US Supreme Court
STATE OF RHODE ISLAND v. STATE OF MASSACHUSETTS - 32 U.S. 651 (1833) U.S. Supreme Court STATE OF RHODE ISLAND v. STATE OF MASSACHUSETTS, 32 U.S. 651 (1833) 32 U.S. 651 (Pet.) STATE OF RHODE ISLAND, Complainant, v. STATE OF MASSACHUSETTS. January Term, 1833 MR. Robbins, solicitor for the complainant, having renewed his motion of last term, in this case, prayed the court to award such process, and in such form, as the court may deem proper. ON consideration of the motion made in this case, it is now here ordered by the court that process of subpoena be and the same is hereby awarded, as prayed for by the complainant, and that said process issue against 'The Commonwealth of Massachusetts.' ...
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Estho v. Lear - 32 U.S. 130 (1833) U.S. Supreme Court Estho v. Lear, 32 U.S. 7 Pet. 130 130 (1833) Estho v. Lear 32 U.S. (7 Pet.) 130 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA HOLDEN IN AND FOR THE COUNTY OF WASHINGTON Syllabus A case not being properly prepared in the circuit court for a hearing, the decree was reversed and the cause remanded with liberty to the plaintiff to amend his bill. MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court. The appellants had filed its bill in the Court of the United States for the County of Washington, alleging themselves to be the distributees and next of kin of Thaddeus Kosciuszko, deceased, who departed this life, intestate, as they allege, with respect to personal property in the United States. The bill charges that Thaddeus Kosciuszko, being about to leave America, deposited with Mr. Jefferson a paper writing purporting to be a will, which was executed in Virginia and is in the followi...
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Heirs of DuBourg de St. Colombe v. United States - 32 U.S. 625 (1833) U.S. Supreme Court Heirs of DuBourg de St. Colombe v. United States, 32 U.S. 7 Pet. 625 625 (1833) Heirs of DuBourg de St. Colombe v. United States 32 U.S. (7 Pet.) 625 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus A complex and intricate account is an unfit subject for examination in a court, and ought always to be referred to a commissioner, to be examined by him and reported in order to a final decree. To such report the parties may take any exceptions, and thus bring any question they may think proper before the court. MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court. The United States had obtained judgment against P. F. Dubourg de St. Colombe in his lifetime, for a large sum of money. This judgment was revived after his death, or, in the law language of Louisiana, declared executory, and the property of which he died possessed ordered t...
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Minor v. Tillotson - 32 U.S. 99 (1833) U.S. Supreme Court Minor v. Tillotson, 32 U.S. 7 Pet. 99 99 (1833) Minor v. Tillotson 32 U.S. (7 Pet.) 99 ERROR TO THE DISTRICT COURT OF THE EASTERN DISTRICT OF LOUISIANA Syllabus What will be deemed sufficient evidence of diligence and sufficient search for a lost or mislaid original paper to permit a copy to be read as secondary evidence. The rules of evidence are adopted for practical purposes in the administration of justice. And although it is laid down in the books as a general rule that the best evidence the nature of the case will admit of must be given, yet it is not understood that this rule requires the strongest possible assurance of the matter in question. The extent to which the rule is to be pushed is governed in some measure by circumstances. If any suspicion hangs over the instrument, or that it is designedly withheld, a more rigid inquiry should be made into the reasons for its nonproduction. But where there is no such ...
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United States v. Turner - 32 U.S. 132 (1833) U.S. Supreme Court United States v. Turner, 32 U.S. 7 Pet. 132 132 (1833) United States v. Turner 32 U.S. (7 Pet.) 132 ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH CAROLINA Syllabus Indictment in the Circuit Court of North Carolina for the forgery of and an attempt to pass, &c.;, a certain paper of writing in imitation of, and purporting to be a bill or note issued by the president, directors, and company of the Bank of the United States. The note was signed with the name of John Huske, who had not been at any time president of the Bank of the United States, but who, at the time of the date of the counterfeit, was the president of the office of discount at Fayetteville, and was countersigned by the name of John W. Sanford, who at no time was cashier of the mother bank, but was at the said date cashier of the said office of discount and deposit. Held that this was an offense w...
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United States v. Mills - 32 U.S. 138 (1833) U.S. Supreme Court United States v. Mills, 32 U.S. 7 Pet. 138 138 (1833) United States v. Mills 32 U.S. (7 Pet.) 138 ON CERTIFICATE OF DIVISION OF OPINION AMONG THE JUDGES OF THE CIRCUIT COURT OF NORTH CAROLINA Syllabus The defendant was indicted upon the twenty-fourth section of the Act of Congress of 3 March, 1825, entitled "An act to reduce into one the several acts establishing and regulating the Post Office Department," for advising, procuring, and assisting one Joseph I. Stranghan, a mail carrier, to rob the mail, and was found guilty. Upon this finding, the judges of the Circuit Court of North Carolina were divided in opinion on the question whether an indictment founded on the statute for advising, &c.;, a mail carrier to rob the mail ought to set forth or aver that the said carrier did in fact commit the offense of robbing the mail. By the Court: "The answer to this, as an abstract proposition, must be in the affirmativ...
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United States v. Brewster - 32 U.S. 164 (1833) U.S. Supreme Court United States v. Brewster, 32 U.S. 7 Pet. 164 164 (1833) United States v. Brewster 32 U.S. (7 Pet.) 164 ON CERTIFICATE OF DIVISION OF OPINION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Indictment founded on the eighteenth section of the act of Congress, passed on 15 April, 1816, entitled "Act to incorporate the subscribers to the Bank of the United States." The indictment charged the defendant with uttering and forging "a counterfeit bill in imitation of a bill issued by the president," &c.;, of the bank. The forged paper was in these words and figures: " (5) F 745 F 745 (5)" " Cashier of the" " Bank of the United States" " Pay to C. W. Earnest, or order, five dollars" " Office of Discount and Deposit in Pittsburgh, the 10th day of Dec., 1829." "A. BRACKENEDGE, Pres. " "J.CORREY, Cash." " Fairman, Draper, Underwood & Co." " (Endorsed) Pa...
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Farmers' Bank of Alexandria v. Hoof - 32 U.S. 168 (1833) U.S. Supreme Court Farmers' Bank of Alexandria v. Hoof, 32 U.S. 7 Pet. 168 168 (1833) Farmers' Bank of Alexandria v. Hoof 32 U.S. (7 Pet.) 168 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES OF THE DISTRICT OF COLUMBIA FOR THE COUNTY OF ALEXANDRIA Syllabus R., being indebted to the Farmers' Bank of Alexandria on certain promissory notes, exceeding in amount $1,000, conveyed to H. a lot of ground in Alexandria exceeding $1,000 in value devised to her by her husband to secure the payment of the said notes by sale of the lot. R. claimed an estate in fee in the property conveyed to the trustee. The sum due to the bank was reduced by payments to less than $1,000, and R. being deceased, a bill was filed by the bank to compel the trustee to sell the property conveyed to him by R. for the payment of the balance of the debt. The circuit court decreed that R. held no other interest in the property than a life estate and dismiss...
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Owing v. Kincannon - 32 U.S. 399 (1833) U.S. Supreme Court Owing v. Kincannon, 32 U.S. 7 Pet. 399 399 (1833) Owing v. Kincannon 32 U.S. (7 Pet.) 399 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY Syllabus Appeal dismissed because all the parties to the decree in the circuit court had not joined in the appeal to this Court. In the circuit court, Andrew Kincannon, the appellee, filed a bill on 28 December, 1815, claiming a tract of land, by virtue of a prior entry to that under which the persons named in the bill asserted a title to, and held possession of the land, and praying the court to compel the defendants to release all claim to the same, and that he might be quieted in the enjoyment and possession thereof. The bill was filed against Thomas Deye Owings, James M. Blackey, Ralph Phillips, John Head, Benjamin Head, Milton Stapp, Charles Buck and nineteen others, as defendants, and was afterwards dismissed as to some, and abated as to others...
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Lessee of Livingston v. Moore - 32 U.S. 469 (1833) U.S. Supreme Court Lessee of Livingston v. Moore, 32 U.S. 7 Pet. 469 469 (1833) Lessee of Livingston v. Moore 32 U.S. (7 Pet.) 469 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus The titles to lands under the acts of the Legislature of the State of Pennsylvania providing for the sale of the landed estate of John Nicholson in satisfaction of the liens the state held on those lands, and the proceedings under the same, are valid. These acts, and the proceedings under them, do not contravene the provisions of the Constitution of the United States in any manner whatsoever. The words used in the Constitution of Pennsylvania in declaring the extent of the powers of its legislature are sufficiently comprehensive to embrace the powers exercised over the estate of John Nicholson. In the circuit court, the plaintiffs in error instituted an ejectment for a tract of land in the County of...
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