Us Supreme Court Court January 1886 Judgments
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Coe Vs. Errol
Court: US Supreme Court
Decided on: Jan-25-1886
Coe v. Errol - 116 U.S. 517 (1886) U.S. Supreme Court Coe v. Errol, 116 U.S. 517 (1886) Coe v. Errol Submitted October 13, 1885 Decided January 25, 1886 116 U.S. 517 ERROR TO THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE Syllabus Goods and chattels within a state are equally taxable whether owned by a citizen of the state or a citizen of another state, even though the latter be taxed in his own state for the value of the same goods as part of his general personal estate. Goods, the product of a state, intended for exportation to another state are liable to taxation as part of the general mass of property of the their origin until actually started in course of transportation to the their destination or delivered to a common carrier for that purpose; the carrying of them to and depositing them at a depot for the purpose of transportation is no part of that transportation. When goods, the product of a state, have begun to be transported from that state to another state, and...
United States Vs. Redgrave
Court: US Supreme Court
Decided on: Jan-25-1886
United States v. Redgrave - 116 U.S. 474 (1886) U.S. Supreme Court United States v. Redgrave, 116 U.S. 474 (1886) United States v. Redgrave Submitted January 6, 1886 Decided January 25, 1886 116 U.S. 474 APPEAL FROM THE COURT OF CLAIMS Syllabus Cadet engineers who had finished their four years' course at the Naval Academy, had passed their final academic examinations, and had received their diplomas before the passage of the Act of August 5, 1882, 22 Stat. 284, became graduates, and were not made naval cadets by that act. The provision in the Act of August 5, 1882, 22 Stat. 284, for the discharge of surplus naval cadet graduates was prospective only, and did not apply to the classes of 1881, and 1882. The facts of the case brought here by this appeal, as found by the Court of Claims, were in substance as follows: In 1877, the appellee, who was the claimant below, entered the Naval Academy as a cadet engineer, and on June 10, 1881, received a certificate signed by its offic...
Oberteuffer Vs. Robertson
Court: US Supreme Court
Decided on: Jan-25-1886
Oberteuffer v. Robertson - 116 U.S. 499 (1886) U.S. Supreme Court Oberteuffer v. Robertson, 116 U.S. 499 (1886) Oberteuffer v. Robertson Argued January 6-7, 1886 Decided January 25, 1886 116 U.S. 499 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Under section 7 of the Act of March 3, 1883, 22 Stat. 523, the cost or value of paper cartons or boxes in which hosiery and gloves are packed in Germany and transported to the United States, and the cost or value of the packing of the goods in the cartons and of the cartons in an outer case, are not dutiable items either by themselves or as part of the market valve abroad of the goods unless the cartons are of a material or form designed to evade duties thereon or are designed for use otherwise than in the bona fide transportation of the goods to the United States. Where the cartons are of the usual kind known to the trade before the act of 1883 was passed as customarily used for co...
LaughlIn Vs. District of Columbia
Court: US Supreme Court
Decided on: Jan-25-1886
Laughlin v. District of Columbia - 116 U.S. 485 (1886) U.S. Supreme Court Laughlin v. District of Columbia, 116 U.S. 485 (1886) Laughlin v. District of Columbia Argued January 14, 1886 Decided January 25, 1886 116 U.S. 485 APPEAL FROM THE COURT OF CLAIMS Syllabus A, having done work on the streets of Washington under a contract with the Board of Public Works, received certificates that his accounts were audited and allowed for specified amounts, on pledge of which he borrowed money of B, giving his note therefor shortly before the abolition of the board by Congress and the creation of the Board of Audit. A requested the Treasurer of the Board of Public Works in writing not to pay these certificates, but assigned no reason for the request. Afterwards, C presented them to the Board of Audit, by whom they were allowed, and C received district bonds for them under the law. Neither B nor C has accounted to A for the certificates nor returned his note. A sued the District for the a...
iron Silver Mining Co. Vs. Cheesman
Court: US Supreme Court
Decided on: Jan-25-1886
Iron Silver Mining Co. v. Cheesman - 116 U.S. 529 (1886) U.S. Supreme Court Iron Silver Mining Co. v. Cheesman, 116 U.S. 529 (1886) Iron Silver Mining Co. v. Cheesman Argued December 18, 21, 1885 Decided January 25, 1886 116 U.S. 529 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus The Act of Congress, 2322 Revised Statutes, gives to the owner of a mineral vein or lode, not only all that is covered by the surface lines of his established claim as those lines are extended vertically, but it gives him the right Page 116 U. S. 530 to possess and enjoy that lode or vein by following it when it passes outside of those vertical lines laterally. But this right is dependent, outside of the lateral limits of the claim, upon its being the same vein as that within those limits. For the exercise of this right, it must appear that the vein outside is identical with and a continuation of the one inside those lines. The acts of Congress use the wor...
United States Vs. Perkins
Court: US Supreme Court
Decided on: Jan-25-1886
United States v. Perkins - 116 U.S. 483 (1886) U.S. Supreme Court United States v. Perkins, 116 U.S. 483 (1886) United States v. Perkins Submitted January 6, 1886 Decided January 25, 1886 116 U.S. 483 APPEAL FROM THE COURT OF CLAIMS Syllabus When Congress by law vests the appointment of inferior officers in the heads of departments, it may limit and restrict the power of removal as it deems best for the public interests. A naval cadet-engineer, not found deficient at examination, not dismissed for misconduct under the provisions of Rev.Stat. 1525 or upon and in pursuance of a sentence of a court-martial, but honorably discharged by the Secretary of the Navy against his will remains in the service notwithstanding the discharge, and is entitled to recover in the Court of Claims the pay attached to the position. The facts are stated in the opinion of the Court. MR. JUSTICE MATTHEWS delivered the opinion of the Court. The object of this suit was to recover $100 as the salary...
Dunphy Vs. Ryan
Court: US Supreme Court
Decided on: Jan-25-1886
Dunphy v. Ryan - 116 U.S. 491 (1886) U.S. Supreme Court Dunphy v. Ryan, 116 U.S. 491 (1886) Dunphy v. Ryan Argued January 15, 1886 Decided January 25, 1886 116 U.S. 491 ERROR TO THE SUPREME COURT OF THE TERRITORY OF MONTANA Syllabus An agreement, on the part of A to acquire title in his own name to a tract of land upon the best terms possible, and when acquired to convey to B an undivided part thereof, and on the part of B to pay to A his proportionate part of the purchase money and expenses incurred in obtaining title, is a contract for the sale of lands within the Statute of Frauds, and the contract being verbal and not in writing as required by the Statute, A, after performing his part of the agreement, cannot recover from B his share of the price and expenses in an action at law founded upon and seeking to enforce the contract; nor in equity, under a statute which prescribes the same forms at law and in equity, when the pleadings show no allegation to lay a foundation fo...
Carrick Vs. Lamar
Court: US Supreme Court
Decided on: Jan-18-1886
Carrick v. Lamar - 116 U.S. 423 (1886) U.S. Supreme Court Carrick v. Lamar, 116 U.S. 423 (1886) Carrick v. Lamar Argued January 8, 1886 Decided January 18, 1886 116 U.S. 423 ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus In matters which require an executive officer of the United States to exercise judgment or consideration, or which are dependent upon his discretion, no rule will issue for a mandamus to control his action. Whether the island in the Mississippi River opposite St. Louis known as Arsenal Island shall be surveyed and brought into the market is a matter within executive discretion and judgment. This was an application to the Supreme Court of the District of Columbia for a mandamus to require the Secretary of the Interior to cause a survey to be made of an island in the Mississippi opposite St. Louis. Mandamus being refused, a writ of error was sued out. The facts are stated in the opinion of the Court. MR. JUSTICE FIELD delivered the opinion ...
United States Vs. Wallace
Court: US Supreme Court
Decided on: Jan-18-1886
United States v. Wallace - 116 U.S. 398 (1886) U.S. Supreme Court United States v. Wallace, 116 U.S. 398 (1886) United States v. Wallace Submitted January 4, 1886 Decided January 18, 1886 116 U.S. 398 APPEAL FROM THE COURT OF CLAIMS Syllabus Under the provisions of Rev.Stat. §§ 847 and 828, a commissioner of a circuit court who, by direction of the court, keeps a docket with entries of each warrant issued and subsequent proceedings thereon made on the day of occurrence, is entitled to a fee like that allowed to the clerk of the court for dockets, indexes &c.;, although his docket entries may differ from those made by the clerk. The judgment appealed from in the case was rendered in favor of the appellee, who was plaintiff below, for the sum of $1,032, upon the following finding of facts reported by the Court of Claims: "I. The claimant, John H. Wallace, was a commissioner of the Circuit Court of the United States for the Southern District of Alabama from Janua...
Walling Vs. Michigan
Court: US Supreme Court
Decided on: Jan-18-1886
Walling v. Michigan - 116 U.S. 446 (1886) U.S. Supreme Court Walling v. Michigan, 116 U.S. 446 (1886) Walling v. Michigan Argued December 3, 1884 Decided January 18, 1886 116 U.S. 446 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus A tax imposed by a statute of a state upon an occupation, which necessarily discriminates against the introduction and sale of the products of another state or against the citizens of another state, is repugnant to the Constitution of the United States. The police power of a state to regulate the sale of intoxicating liquors and preserve the public health and morals does not warrant the enactment of laws infringing positive provisions of the Constitution of the United States. A state statute which imposes a tax upon persons who, not residing or having their principal place of business within the state, engage there in the business of selling or soliciting the sale of intoxicating liquors to be shipped into the state from places with...
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