Us Supreme Court Court January 1867 Judgments
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Haight Vs. Railroad Company
Court: US Supreme Court
Decided on: 1867
Haight v. Railroad Company - 73 U.S. 15 (1867) U.S. Supreme Court Haight v. Railroad Company, 73 U.S. 6 Wall. 15 15 (1867) Haight v. Railroad Company 73 U.S. (6 Wall.) 15 ERROR TO THE CIRCUIT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus A provision in a defeasance clause in a mortgage given by a railroad company to secure its coupon bonds that the mortgage shall be void if the mortgagor well and truly pays &c.;, the debt and interest, " without any deduction, defalcation or abatement to be made of anything for or in respect of any taxes, charges or assessments whatsoever " does not oblige the company to pay the interest on its bonds clear of the duty of five percent which by the 122d section of the revenue, act of 1864, such companies "are authorized to deduct and withhold from all payments on account of any interest or coupons due and payable." On the contrary, the company complies with its contract when it pays the interest less five percent and retains the ...
Lukins Vs. Aird
Court: US Supreme Court
Decided on: 1867
Lukins v. Aird - 73 U.S. 78 (1867) U.S. Supreme Court Lukins v. Aird, 73 U.S. 6 Wall. 78 78 (1867) Lukins v. Aird 73 U.S. (6 Wall.) 78 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR WESTERN ARKANSAS Syllabus A debtor in failing circumstances cannot sell and convey his land, even for a valuable consideration, by deed without reservations, and yet secretly reserve to himself the right to possess and occupy it, for even a limited time, for his own benefit. Nor will this rule of law be changed by the fact that the right thus to occupy the property for a limited time is a part of the consideration of the sale, the money part of the consideration being on this account proportionably abated. Appeal (submitted) from the District Court of the United States for Western Arkansas. Aird being indebted and having subsequently failed, either sold or conveyed under a pretense of a sale certain town lots at Fort Smith, Arkansas, which he owned, and which had cost him, it seemed, $1,9...
The Watchful
Court: US Supreme Court
Decided on: 1867
The Watchful - 73 U.S. 91 (1867) U.S. Supreme Court The Watchful, 73 U.S. 6 Wall. 91 91 (1867) The Watchful 73 U.S. (6 Wall.) 91 APPEAL FROM THE DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus 1. A libel case charging the vessel and cargo to be prize of war dismissed because no case of prize was made out by the testimony. 2. But because the record disclosed strong prima facie evidence of a violation of the laws of navigation, and probably of our revenue laws also, the case was remanded with leave to file a new libel according to these facts. In the above court, the schooner Watchful and cargo had been libeled as prize of war, and a decree rendered dismissing the libel and restoring the property to the claimant. Page 73 U. S. 92 The claimant, one Wallis, to whom the property plainly belonged, was a citizen of Pennsylvania, residing at Philadelphia, and the evidence showed no reason to doubt his loyalty to the federal government during the recent war. Nor w...
Walker Vs. Villavaso
Court: US Supreme Court
Decided on: 1867
Walker v. Villavaso - 73 U.S. 124 (1867) U.S. Supreme Court Walker v. Villavaso, 73 U.S. 6 Wall. 124 124 (1867) Walker v. Villavaso 73 U.S. (6 Wall.) 124 ERROR TO THE SUPREME COURT OF LOUISIANA Syllabus 1. When the question is whether this Court has jurisdiction under the twenty-fifth section of the Judiciary Act, nothing out of the record certified to the court can be taken into consideration. 2. Accordingly, when it was sought by counsel to bring before it as matter of which it would take judicial cognizance, the fact that a judgment in a primary state court of the South -- affirmed in the highest state court after the restoration of the federal authority -- was rendered after the state was in proclaimed rebellion, and by judges who had sworn allegiance to the rebel confederacy, the record not disclosing the fact that the want of authority under the federal Constitution of such primary court was in such court drawn in question and decided against -- this Court dismissed the...
Riggs Vs. Johnson County
Court: US Supreme Court
Decided on: 1867
Riggs v. Johnson County - 73 U.S. 166 (1867) U.S. Supreme Court Riggs v. Johnson County, 73 U.S. 6 Wall. 166 166 (1867) Riggs v. Johnson County 73 U.S. (6 Wall.) 166 ERROR TO THE CIRCUIT COURT FOR THE DISTRICT OF IOWA Syllabus After a return unsatisfied of an execution on a judgment in the circuit court against a county for interest on railroad bonds, issued under a state statute in force prior to the issue of the bonds, and which made the levy of a tax to pay such interest obligatory on the county, a mandamus from the circuit court will lie against the county officers to levy a tax, even although prior to the application for the mandamus a state court have perpetually enjoined the same officers against making such levy; the mandamus, when so issued, being to be regarded as a writ necessary to the jurisdiction of the circuit court which had previously attached, and to enforce its judgment, and the state court therefore not being to be regarded as in prior possession of the cas...
West Aurora City
Court: US Supreme Court
Decided on: 1867
West Aurora City - 73 U.S. 139 (1867) U.S. Supreme Court West Aurora City, 73 U.S. 6 Wall. 139 139 (1867) West Aurora City 73 U.S. (6 Wall.) 139 ERROR TO THE CIRCUIT COURT FOR INDIANA Syllabus A suit removable from a state court under the twelfth section of the Judiciary Act must be a suit regularly commenced by a citizen of the state in which the suit is brought by process served upon a defendant who is a citizen of another state. Hence no removal can be made of a defense or answer, though of such a character as that, under statute of the state, it becomes, by a discontinuance of the original suit itself, a proceeding that may go on to trial and judgment as if in some sense an original suit. The twelfth section of the Judiciary Act provides: "That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought, against a citizen of another state, . . . and the defendant shall, at the time of entering his appearance, f...
The Hypodame
Court: US Supreme Court
Decided on: 1867
The Hypodame - 73 U.S. 216 (1867) U.S. Supreme Court The Hypodame, 73 U.S. 6 Wall. 216 216 (1867) The Hypodame 73 U.S. (6 Wall.) 216 APPEAL FROM THE CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. In cases of collision depending on fact, where the evidence is conflicting, this Court will not readily reverse a decree made by the district and affirmed by the circuit court. It declares that the district court, which can examine witnesses ore tenus, and summon, if it pleases, experienced masters of vessels to help them, as Trinity masters do the English courts in cases depending on nautical experience, has better opportunities than any other courts can have for examining such cases, and for forming correct conclusions on them. 2. When a steam vessel proceeding in the dark hears a hail before it from some source which it cannot or does not see, it is the duty of the steam vessel instantly to stop and reverse her engine, not simply to "slow." 3. The captain of a ...
Mcclane Vs. Boon
Court: US Supreme Court
Decided on: 1867
McClane v. Boon - 73 U.S. 244 (1867) U.S. Supreme Court McClane v. Boon, 73 U.S. 6 Wall. 244 244 (1867) McClane v. Boon 73 U.S. (6 Wall.) 244 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus 1. Where, pending a writ of error to this Court, subsequently dismissed, the defendant in error dies and the other side wishes to take a new writ, application should be made to the court below for the purpose of reviving the suit in the name of the representatives of the deceased. A writ of error can then regularly issue. A motion in this Court to revive the writ by suggesting the death and substituting the representatives as parties to the record is not regular. 2. If the court below should refuse an application such as that above contemplated, in the circumstances mentioned, then the writ may, from necessity, issue in the name of the representatives, in the usual way, serving on them the citation to appear at the next term. On motion. Boon filed a bill in a state court of Ore...
Lum Vs. Robertson
Court: US Supreme Court
Decided on: 1867
Lum v. Robertson - 73 U.S. 277 (1867) U.S. Supreme Court Lum v. Robertson, 73 U.S. 6 Wall. 277 277 (1867) Lum v. Robertson 73 U.S. (6 Wall.) 277 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR EASTERN TEXAS Syllabus 1. Where a bank charter is forfeited on quo warranto and the corporation is dissolved, and a trustee appointed by judicial order made under statute to collect the debts due to it and apply them to the payment of debts which it owes does so collect them and pay any surplus, by the laws of Mississippi, and by general laws of equity, will belong to the stockholders. Bacon v. Robertson, 18 How. 480, affirmed. 2. A delinquent debtor cannot in such case plead the judgment of forfeiture as against a trustee seeking to reduce his debt to money for the benefit of the stockholders. In July, 1851, Lum made two promissory notes at Natchez, Mississippi, in favor of Robertson, as trustee of the Commercial Bank of Natchez, or order. On these notes Page 73 U. S. 278 s...
Mauran Vs. Insurance Company
Court: US Supreme Court
Decided on: 1867
Mauran v. Insurance Company - 73 U.S. 1 (1867) U.S. Supreme Court Mauran v. Insurance Company, 73 U.S. 6 Wall. 1 1 (1867) Mauran v. Insurance Company 73 U.S. (6 Wall.) 1 ERROR TO THE CIRCUIT COURT FOR MASSACHUSETTS Syllabus 1. A taking of a vessel by the naval forces of a now extinct rebellious confederation, whose authority was unlawful and whose proceedings in overthrowing the former government were wholly illegal and void, and which confederation has never been recognized as one of the family of nations, is a "capture" within the meaning of a warranty on a policy of insurance having a marginal warranty "free from loss or expense by capture," if such rebellious confederation was at the time sufficiently in possession of the attributes of government to be regarded as in fact the ruling or supreme power of the country over which its pretended jurisdiction extended. 2. Accordingly, a seizure by a vessel of the late so-called Confederate States of America for their benefit was ...
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