Us Supreme Court Court February 1884 Judgments
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Milwaukee and Minnesota R. Co. Vs. Soutter
Court: US Supreme Court
Decided on: Feb-23-1884
Milwaukee and Minnesota R. Co. v. Soutter - 154 U.S. 541 (1884) U.S. Supreme Court Milwaukee and Minnesota R. Co. v. Soutter, 154 U.S. 541 (1864) Milwaukee and Minnesota Railroad Company v. Soutter No. 268 Argued February 1-9, 1864 Decided February 23, 1884 154 U.S. 541 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WISCONSIN Syllabus Milwaukee and Minnesota Railroad Co. v. Soutter, ante, 154 U. S. 540 , followed. The case is stated in the opinion. MR. JUSTICE NELSON delivered the opinion of the Court. This is an appeal from an order made in the suit of Soutter and Bronson, trustees of the second-mortgage bonds of the La Crosse and Milwaukee Railroad Company, against the mortgagor and others, including the appellants as defendants, in the court below for the foreclosure of the mortgage. The appellants made a motion in the Circuit Court of the United States for Wisconsin, in which the suit was pending, for an order discharging the receiver that ...
Milwaukee and Minnesota R. Co. Vs. Soutter
Court: US Supreme Court
Decided on: Feb-23-1884
Milwaukee and Minnesota R. Co. v. Soutter - 154 U.S. 540 (1884) U.S. Supreme Court Milwaukee and Minnesota R. Co. v. Soutter, 154 U.S. 540 (1844) Milwaukee and Minnesota Railroad Company v. Soutter No. 267 Argued February 1-9, 1864 Decided February 23, 1884 154 U.S. 540 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WISCONSIN Syllabus The removal or appointment of a receiver rests in the sound discretion of the court making the order, and is not revisable here. The case is stated in the opinion. MR. JUSTICE NELSON delivered the opinion of the Court. This is an appeal from an order of the court below overruling a motion on the part of the Milwaukee and Minnesota Railroad Company, the appellants, to remove the receiver in possession of the La Crosse and Milwaukee Railroad and put the petitioners in the possession and control of the Eastern Division, extending from Milwaukee to Portage, and which order overruled also an application in behalf of the ...
Corker Vs. Jones
Court: US Supreme Court
Decided on: Feb-04-1884
Corker v. Jones - 110 U.S. 317 (1884) U.S. Supreme Court Corker v. Jones, 110 U.S. 317 (1884) Corker v. Jones Argued and Submitted January 18, 21, 1884 Decided February 4, 1884 110 U.S. 317 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Syllabus A being executor of the estate of C and testamentary guardian of D, minor son of deceased, purchased on behalf of D, but with his own money, a parcel of real estate of deceased which had been devised to another heir. While D was still a minor, a bill was filed in the state court of Georgia, where the property was situated and the parties resided, in the name of D, suing by his mother as next friend, praying to have the purchase set aside as to D, and the estate decreed to be the individual property of A, and a final decree to that effect was made and A went into possession. Subsequently D, by his next friend, filed a bill setting up title to the property and praying to have the cloud upon his ...
Spring Valley Waterworks Vs. Schottler
Court: US Supreme Court
Decided on: Feb-04-1884
Spring Valley Waterworks v. Schottler - 110 U.S. 347 (1884) U.S. Supreme Court Spring Valley Waterworks v. Schottler, 110 U.S. 347 (1884) Spring Valley Waterworks v. Schottler Argued November 20-21, 1883 Decided February 4, 1884 110 U.S. 347 I N ERROR TO THE SUPREME COURT OF CALIFORNIA Syllabus Laws requiring gas companies, water companies and other corporations of like character to supply their customers at prices fixed by the municipal authorities of the locality are within the scope of legislative power unless prohibited by constitutional limitation or valid contract obligation. The constitution of a state provided that corporations might be formed under general laws, and should not be created by special act except for municipal Page 110 U. S. 348 purposes, and that all laws, general and special, passed pursuant to that provision might be from time to time altered and repealed. A general law was enacted by the legislature for the formation of corporations for supplying...
Webster Vs. Buffalo Ins. Co.
Court: US Supreme Court
Decided on: Feb-04-1884
Webster v. Buffalo Ins. Co. - 110 U.S. 386 (1884) U.S. Supreme Court Webster v. Buffalo Ins. Co., 110 U.S. 386 (1884) Webster v. Buffalo Insurance Company Argued January 24, 1884 Decided February 4, 1884 110 U.S. 386 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus When the pleadings plainly show that a sum below the jurisdictional amount is in controversy, the court cannot accept a stipulation of the parties that judgment may be entered for a sum in excess of that amount. The case is stated in the opinion of the Court. The question of jurisdiction decided in the case was not raised by the parties, but was suggested by the Court of its own motion during the argument. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. This is a suit upon an open cargo policy of insurance issued by the Buffalo Insurance Company to the firm of Webster, Heinicke & Coglin "on shipments of merchandise to them at St. Louis, . . . they st...
Vogel Vs. Gruaz
Court: US Supreme Court
Decided on: Feb-04-1884
Vogel v. Gruaz - 110 U.S. 311 (1884) U.S. Supreme Court Vogel v. Gruaz, 110 U.S. 311 (1884) Vogel v. Gruaz Argued January 17-18, 1884 Decided February 4, 1884 110 U.S. 311 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus A communication made to a state's attorney, in Illinois, his duty being to "commence and prosecute" all criminal prosecutions, by a person who inquires of the attorney whether the facts communicated make out a case of larceny for a criminal prosecution is an absolutely privileged communication, and cannot, in a suit against such person to recover damages for speaking words charging larceny, be testified to by the state's attorney, even though there be evidence of the speaking of the same words to other persons than such attorney. MR. JUSTICE BLATCHFORD delivered the opinion of the Court. This is an action on the case brought by Timothy Gruaz against Rudolph Bircher to recover damages for the speaking and p...
Ex Parte Clodomiro Cota
Court: US Supreme Court
Decided on: Feb-04-1884
Ex Parte Clodomiro Cota - 110 U.S. 385 (1884) U.S. Supreme Court Ex Parte Clodomiro Cota, 110 U.S. 385 (1884) Ex Parte Clodomiro Cota Submitted January 22, 1884 Decided February 4, 1884 110 U.S. 385 ON CERTIFICATE OF DIVISION OF OPINION FROM THE DISTRICT OF CALIFORNIA Syllabus This Court cannot take jurisdiction of a certificate of division in opinion in proceedings under writ of habeas corpus until entry of final judgment, Ex Parte Tom Tong, 108 U. S. 556 -- approved and followed. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. It was decided at the last term in Ex Parte Tom Tong, 108 U. S. 556 , that this Court could not take jurisdiction of a certificate of division in opinion between the judges of a circuit court Page 110 U. S. 386 in proceedings under a writ of habeas corpus until final judgment has been rendered in accordance with the opinion of the presiding justice or judge. This is such a case, and it is consequently remanded to the circuit cou...
United States Vs. Behan
Court: US Supreme Court
Decided on: Feb-04-1884
United States v. Behan - 110 U.S. 338 (1884) U.S. Supreme Court United States v. Behan, 110 U.S. 338 (1884) United States v. Behan Submitted December 18, 1883 Decided February 4, 1884 110 U.S. 338 APPEAL FROM THE COURT OF CLAIMS Syllabus When one party enters upon the performance of a contract and incurs expense therein, and being willing to perform, is, without fault of his own, prevented by the other party from performing, his loss will consist of two distinct items of damage: 1st, his outlay and expenses, less the value of materials Page 110 U. S. 339 on hand; 2d, the profits he might have realized by performance, which profits are related to the outlays and include them and something more. The first item he may recover in all cases unless the other party can show the contrary, and the failure to prove profits will not prevent him from recovering it. The second he may recover when the profits are the direct fruit of the contract and not too remote or speculative. In an ...
Jeffries Vs. Mutual Life Ins. Co. of New York
Court: US Supreme Court
Decided on: Feb-04-1884
Jeffries v. Mutual Life Ins. Co. of New York - 110 U.S. 305 (1884) U.S. Supreme Court Jeffries v. Mutual Life Ins. Co. of New York, 110 U.S. 305 (1884) Jeffries v. Mutual Life Insurance Company of New York Argued and submitted January 16, 1884 Decided February 4, 1884 110 U.S. 305 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus K. died in Missouri, in 1871, having a policy of insurance on his life. J. was appointed there his administrator. L. and T., co-partners as attorneys at law, brought a suit on the policy, in which, after a long litigation, there was a judgment for the plaintiff for $13,495, in 1877, in a circuit court of the United States. J. had died in 1873, and C. had been appointed administrator in his place and substituted as plaintiff. The case was brought into this Court by the defendant by a writ of error. Before it was heard here, L. compromised the judgment with the defendant in 1879, receiving in full $9,40...
Bean Vs. Patterson
Court: US Supreme Court
Decided on: Feb-04-1884
Bean v. Patterson - 110 U.S. 401 (1884) U.S. Supreme Court Bean v. Patterson, 110 U.S. 401 (1884) Bean v. Patterson Submitted January 28, 1884 Decided February 4, 1884 110 U.S. 401 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus When a party has printed the transcript of the record at his own expense, the case may be docketed without security for the fee allowed the clerk by Rule 24, 7, but the printed copies cannot be delivered to the Justice or the parties for use on final hearing or on any motion in the progress of the cause unless the fee is paid when demanded by the clerk in time to enable him to make his examinations and perform his other duties in connection with the copies. Motion for leave to docket an appeal, without security for payment of fees for printing. Page 110 U. S. 402 MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. In this case, the appellants have delivered to the clerk the requisite numbe...
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