Us Supreme Court Court February 1885 Judgments
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Spaids Vs. Cooley
Court: US Supreme Court
Decided on: Feb-02-1885
Spaids v. Cooley - 113 U.S. 278 (1885) U.S. Supreme Court Spaids v. Cooley, 113 U.S. 278 (1885) Spaids v. Cooley Argued January 19, 1885 Decided February 2, 1885 113 U.S. 278 I N ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus The declaration in an action to recover money contained the money counts. The defendant pleaded the general issue and the statute of limitation. The plaintiff replied a new promise within the statutory time. At the trial, before a jury, he offered in evidence a deposition, taken under a commission, to prove the new promise. The defendant objected to the deposition, but did not state any ground of objection. The bill of exceptions set forth that the court "sustained the objection and refused to permit the said deposition to be read to the jury, and ruled it out because of its informality." The deposition appearing to be regular in form, and the evidence contained in it as to the new promise being material and such as ought to Page 113 ...
Pneumatic Gas Company Vs. Berry
Court: US Supreme Court
Decided on: Feb-02-1885
Pneumatic Gas Company v. Berry - 113 U.S. 322 (1885) U.S. Supreme Court Pneumatic Gas Company v. Berry, 113 U.S. 322 (1885) Pneumatic Gas Company v. Berry Argued January 7, 1885 Decided February 2, 1885 113 U.S. 322 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus A release by a corporation to one of its directors of all claims, equitable or otherwise, arising out of transactions under a contract between the corporation and the director made in excess of its corporate powers is valid, if made in good faith and without fraud or concealment. The facts which make the case are stated in the opinion of the Court. MR. JUSTICE FIELD delivered the opinion of the Court. This case comes before us on appeal from the decree of the Circuit Court for the Eastern District of Michigan. The facts, so far as necessary to present the point of our decision, are as follows: In 1869, and previous to March of that year, several persons interested...
Fussell Vs. Gregg
Court: US Supreme Court
Decided on: Feb-02-1885
Fussell v. Gregg - 113 U.S. 550 (1885) U.S. Supreme Court Fussell v. Gregg, 113 U.S. 550 (1885) Fussell v. Gregg Argued January 8-9, 1885 Decided February 2, 1885 113 U.S. 550 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus A court in equity has no jurisdiction over a suit based upon an equitable title to real estate unless the nature of the relief asked for is also equitable. A court of the United States sitting in equity cannot control the principal surveyor of the Virginia Military District in the discharge of his official duties or take charge of the records of his office or declare their effect to be other than what appears on their face. The plain meaning of the Act of March 23, 1804, 2 Stat. 274, to ascertain the boundaries of the Virginia Military District in Ohio is that a failure within five years to make return to the Secretary of War of the survey of any tract located within the territory, made previous to the expir...
Harvey Vs. United States
Court: US Supreme Court
Decided on: Feb-02-1885
Harvey v. United States - 113 U.S. 243 (1885) U.S. Supreme Court Harvey v. United States, 113 U.S. 243 (1885) Harvey v. United States Argued January 13-14, 1885 Decided February 2, 1885 113 U.S. 243 APPEALS FROM THE COURT OF CLAIMS Syllabus Ia this case, before reported in 8 Ct.Cl. 501, 12 Ct.Cl. 141, 13 Ct.Cl. 322, and 105 U.S. 871, the Court of Claims, 18 Ct.Cl. 470, awarded to the claimants $18,250.95, for labor done and materials furnished by them in constructing coffer dams and in performing the work necessarily connected therewith and preliminary to the mason work for the piers and abutments referred to in the contract. That court proceeded on the view that the claimants had no right to rely on the testimony of experts introduced by them as to the value of the work, but should have kept and produced accounts of its cost and expense, but it gave to the claimants the benefit of the testimony of experts introduced by the United States as to such value in awarding the above...
Baylis Vs. Travelers' Insurance Company
Court: US Supreme Court
Decided on: Feb-02-1885
Baylis v. Travelers' Insurance Company - 113 U.S. 316 (1885) U.S. Supreme Court Baylis v. Travelers' Insurance Company, 113 U.S. 316 (1885) Baylis v. Travelers' Insurance Company Argued January 5, 1885 Decided February 2, 1885 113 U.S. 316 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus When parties do not waive the right of trial by jury, the court may not substitute itself for a jury by passing upon the effect of the evidence -- finding the facts -- and rendering judgment thereon. At the trial of this case, after close of the testimony, defendant moved to dismiss on the ground of the insufficiency of the evidence to sustain a verdict. This motion being denied, plaintiff asked that the case be submitted to the jury to determine the facts on the evidence. The court refused this, and plaintiff excepted. The court then ordered a verdict for plaintiff, subject to its opinion, whether the facts proved were sufficient to render ...
Quincy Vs. Jackson
Court: US Supreme Court
Decided on: Feb-02-1885
Quincy v. Jackson - 113 U.S. 332 (1885) U.S. Supreme Court Quincy v. Jackson, 113 U.S. 332 (1885) Quincy v. Jackson Submitted January 9, 1885 Decided February 2, 1885 113 U.S. 332 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus A provision in a city charter which confers power on the city council to levy and collect taxes annually on real and personal property, to pay debts and meet the general expenses of the city not exceeding fifty cents on each hundred dollars, relates only to debts and expenses for ordinary municipal purposes, and not to those debts and expenses which can be incurred only by special legislative authority. An act authorizing a municipal corporation to incur a debt for the purpose of subscribing to the stock of a railroad company confers authority to levy taxes for the payment of the debt in excess of limit of taxation authorized by law for ordinary municipal purposes. United States v. Macon County, 9...
Stone Vs. Chisolm
Court: US Supreme Court
Decided on: Feb-02-1885
Stone v. Chisolm - 113 U.S. 302 (1885) U.S. Supreme Court Stone v. Chisolm, 113 U.S. 302 (1885) Stone v. Chisolm Submitted January 5, 1885 Decided February 2, 1885 113 U.S. 302 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA Syllabus A suit in equity is the proper remedy in the courts of the United States to enforce the statutory liability of directors to a creditor of a corporation (organized under the act of the legislature of South Carolina of December 10, 1869) by reason of the debts of the corporation being in excess of the capital stock. An action at law will not lie. This is a writ of error prosecuted to reverse a judgment of the Circuit Court for the District of South Carolina, dismissing the complaint in which the plaintiff asked for a recovery for the sum of $1,050, with interest from July 1, 1883. The jurisdiction of this Court depends upon and is limited by a certificate of division of opinion between the circuit and distr...
Ex Parte Bigelow
Court: US Supreme Court
Decided on: Feb-02-1885
Ex Parte Bigelow - 113 U.S. 328 (1885) U.S. Supreme Court Ex Parte Bigelow, 113 U.S. 328 (1885) Ex Parte Bigelow Submitted January 19, 1885 Decided February 2, 1885 113 U.S. 328 ORIGINAL Syllabus The Supreme Court of the District of Columbia has jurisdiction to determine whether an arraignment of a prisoner under several indictments, an order of court that the indictments shall be consolidated and tried together, an empanelling of a jury for that purpose, an opening of the case on the part of the prosecution, and a discharge of the jury at that stage in order to try the prisoner before the same jury on the indictments separately, so put the prisoner in jeopardy in regard to the offenses named in the consolidated indictments, that he cannot be afterwards tried for any of those offenses. When a court has jurisdiction by law of an offense and of the person charged with it, its judgments are, in general, not nullities; an exception to this rule if relied on, must be clearly foun...
Sully Vs. Drennan
Court: US Supreme Court
Decided on: Feb-02-1885
Sully v. Drennan - 113 U.S. 287 (1885) U.S. Supreme Court Sully v. Drennan, 113 U.S. 287 (1885) Sully v. Drennan Submitted January 20, 1885 Decided February 2, 1885 113 U.S. 287 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus The assignment by a railroad company of a tax voted by a township to aid in the construction of its railroad conveys the rights of the company subject to all the equities between the company and the taxpayers, if it conveys it at all. In a suit by a taxpayer to invalidate such tax, by reason of failure of the company to comply with conditions precedent to its collection, the company and the assignee are necessary parties with an interest opposed to that of the taxpayer; the trustees of the township and the county treasurer are also necessary parties with an interest different from that of the taxpayer. Harter v. Kernochan, 103 U. S. 562 , distinguished from this case. This appeal is from the order of th...
Thornley Vs. United States
Court: US Supreme Court
Decided on: Feb-02-1885
Thornley v. United States - 113 U.S. 310 (1885) U.S. Supreme Court Thornley v. United States, 113 U.S. 310 (1885) Thornley v. United States Argued January 13, 1885 Decided February 2, 1885 113 U.S. 310 APPEAL FROM THE COURT OF CLAIMS Syllabus Officers an the Retired List of the Navy are not entitled to longevity pay. The appellant brought this suit against the United States to recover a balance due him, as he contended, on his pay as an officer of the navy. His petition alleged that, on September 1, 1855, he was commissioned a surgeon in the navy; that on June 1, 1861, while he still held the grade or rank of surgeon, he was, by order of the Secretary of the Navy, issued by direction of the President, placed on the retired list, in accordance with the provisions of 3 of the Act of Congress approved February 21, 1861, 12 Stat. 150, by reason of incapacity for further service at sea, but that for some years after said retirement, he was assigned to and performed active duty; ...
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