Us Supreme Court Court November 1887 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oelbermann Vs. Meritt
Court: US Supreme Court
Decided on: Nov-21-1887
Oelbermann v. Meritt - 123 U.S. 356 (1887) U.S. Supreme Court Oelbermann v. Meritt, 123 U.S. 356 (1887) Oelbermann v. Meritt Argued November 3, 1887 Decided November 21, 1887 123 U.S. 356 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Under 2930 of the Revised Statutes, the merchant appraiser must be a person familiar with the character and value of the goods, and under 2901, he must open, examine and appraise the packages designated by the collector and ordered to be sent to the public stores for examination. In a suit to recover back duties paid under protest, an importer has a right to show that those provisions of the statute have not been complied with. For that purpose, the merchant appraiser is a competent witness. This was an action against the collector of the port of New York, to recover back duties alleged to have been illegally exacted. Judgment for defendant. Plaintiff sued out this writ of error. The case is ...
Cox Vs. Western Land and Cattle Co.
Court: US Supreme Court
Decided on: Nov-21-1887
Cox v. Western Land & Cattle Co. - 123 U.S. 375 (1887) U.S. Supreme Court Cox v. Western Land & Cattle Co., 123 U.S. 375 (1887) Cox v. Western Land and Cattle Company Submitted November 18, 1887 Decided November 21, 1887 123 U.S. 375 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus It appearing that the amount in controversy does not exceed five thousand dollars, the writ of error is dismissed. This was a motion to dismiss. The case is stated in the opinion. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. This motion is granted on the ground that the record shows that the value of the matter in dispute does not exceed $5,000. The suit was brought originally to recover 135 head of Colorado steers, alleged to be worth $6,000. At the time of the judgment, only 79 head were in dispute. As to the rest, a settlement had been made during the pendency of the suit. The court has found as a fact that the 79 head Pag...
In Re Henry
Court: US Supreme Court
Decided on: Nov-21-1887
In re Henry - 123 U.S. 372 (1887) U.S. Supreme Court In re Henry, 123 U.S. 372 (1887) In re Henry Submitted November 10, 1887 Decided November 21, 1887 123 U.S. 372 ORIGINAL Syllabus Each letter or packet put in or taken out from the Post Office of the United States in violation of the provisions of Rev.Stat. 5480 constitutes a separate and distinct violation of the act. Three separate offenses (but not more) against the provisions of Rev.Stat. 5480, when committed within the same six calendar months, may be joined, and when so joined, there is to be a single sentence for all; but this does not prevent other indictments for other and distinct offenses under the same statute committed within the same six calendar months. This was a motion for a rule to show cause why a writ of habeas corpus should not issue. The motion for leave to move for the rule was filed on the 11th of October, 1887. On the 17th of October, leave was granted, and also leave to file a Page 123 U. S. 3...
The Maggie J. Smith
Court: US Supreme Court
Decided on: Nov-21-1887
The Maggie J. Smith - 123 U.S. 349 (1887) U.S. Supreme Court The Maggie J. Smith, 123 U.S. 349 (1887) The Maggie J. Smith Argued November 10, 11, 1887 Decided November 21, 1887 123 U.S. 349 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND Syllabus The findings of fact in a cause in admiralty under the act of February 16, 1875, 18 Stat. 315, have the same effect as a special verdict in an action at law. Rule 24 in 4233 Rev.Stat. applies only when there is some special cause rendering a departure necessary to avoid immediate danger, such as the nearness of shallow water, or a concealed rock, the approach of a third vessel, or something of that kind. [ See p. 123 U. S. 353 for this rule.] Where one ship has, by wrong manoeuvres, placed another ship in a position of extreme danger, that other ship will not be held to blame if she has done something wrong and has not been manoeuvred with perfect skill and presence of mind. Page 123 U. S. 35...
MustIn Vs. Cadwalader
Court: US Supreme Court
Decided on: Nov-21-1887
Mustin v. Cadwalader - 123 U.S. 369 (1887) U.S. Supreme Court Mustin v. Cadwalader, 123 U.S. 369 (1887) Mustin v. Cadwalader Submitted November 3, 1887 Decided November 21, 1887 123 U.S. 369 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Under 2930 of the Revised Statutes, the merchant appraiser must be a person familiar with the character and value of the goods. In a suit to recover back duties paid under protest, an importer has a right to show that that provision of the statute has not been complied with. Oelbermann v. Merritt ( ante, p. 123 U. S. 356 ), affirmed. This was an action against the collector of the port of Philadelphia, to recover back duties alleged to have been illegally exacted. Judgment for defendant. Plaintiff sued out this writ of error. The case is stated in the opinion of the court. Page 123 U. S. 370 MR. JUSTICE BLATCHFORD delivered the opinion of the Court. This an action at law brought ...
Colorado Coal and Iron Co. Vs. United States
Court: US Supreme Court
Decided on: Nov-21-1887
Colorado Coal & Iron Co. v. United States - 123 U.S. 307 (1887) U.S. Supreme Court Colorado Coal & Iron Co. v. United States, 123 U.S. 307 (1887) Colorado Coal and Iron Company v. United States Argued November 2, 1887 Decided November 21, 1887 123 U.S. 307 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus To a bill in equity to cancel a patent of land from the United States to a preemptor, solely on the ground that there was no actual settlement and improvement on the land, as falsely set out in affidavits in support of the preemption claim, the defense of a bona fide purchaser without notice is perfect. In a suit by the United States to cancel a patent of public land, the burden of producing the proof and establishing the fraud is on the government, from which it is not relieved although the proposition which it is bound to establish may be of a negative nature. When a plaintiff's right of action is grounded on a negative allegatio...
United States Vs. Morant
Court: US Supreme Court
Decided on: Nov-21-1887
United States v. Morant - 123 U.S. 335 (1887) U.S. Supreme Court United States v. Morant, 123 U.S. 335 (1887) United States v. Morant Argued October 25-26, 1887 Decided November 21, 1887 123 U.S. 335 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus The testimonio granted to Cerilo de Morant, September 22, 1817, was full and particular, and both that and the testimonio to Quina, dated May 1, 1818, made complete titles under the Spanish laws. In Florida a sheriff's deed given in evidence without production of the judgment or execution, and read without objection, is sufficient evidence of sale by sheriff. The objection to the claimant's title that no evidence was given of cultivation, as required by the Spanish grant, is not well founded, as the proof is conclusive that the grantees built houses and resided on the granted land shortly after the date of the grants. Whatever may be the proper construction of the 8th article of ...
Doolan Vs. Carr
Court: US Supreme Court
Decided on: Nov-21-1887
Doolan v. Carr - 125 U.S. 618 (1887) U.S. Supreme Court Doolan v. Carr, 125 U.S. 618 (1887) Doolan v. Carr No. 34 Argued October 24-25, 1887 Decided November 21, 1887 125 U.S. 618 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA Syllabus The proper Circuit Court of the United States has jurisdiction, irrespective of the citizenship of the parties, of an action in ejectment, in which the controversy turns upon the validity of a patent of land from the United States. Want of power in an officer of the Land Office to issue a land patent may be shown in an action at law by extrinsic evidence, although the patent may be issued with all the forms of law required for a patent of public land. Land within the limits of a valid Mexican grant (which grant was sub judice when the grant of public land in aid of the Pacific Railroads was made by the Act of July 1, 1862, as amended July 2, 1864, and March 3, 1865), if found after the location of the railr...
Wilkinson Vs. Nebraska Ex Rel. Cleveland Society for Savings
Court: US Supreme Court
Decided on: Nov-14-1887
Wilkinson v. Nebraska ex Rel. Cleveland Society for Savings - 123 U.S. 286 (1887) U.S. Supreme Court Wilkinson v. Nebraska ex Rel. Cleveland Society for Savings, 123 U.S. 286 (1887) Wilkinson v. Nebraska ex Rel. Cleveland Society for Savings Submitted November 1, 1887 Decided November 14, 1887 123 U.S. 286 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus The proviso in 6 of the Act of March 3, 1887, 24 Stat. 552, c. 373, concerning the jurisdiction over suits which had been removed from a state court prior to the passage of the act, relates only to the jurisdiction of circuit court of the United States, and does not confer upon this Court jurisdiction over an appeal from a judgment remanding a cause to a state court; but such jurisdiction was expressly taken away by the last paragraph of 2 of the act, taken in connection with the repeal of 5 of the Act of March 3, 1875, 18 Stat. 470. This was a motion to dismiss, united with a motion ...
Shreveport Vs. Holmes
Court: US Supreme Court
Decided on: Nov-14-1887
Shreveport v. Holmes - 125 U.S. 694 (1887) U.S. Supreme Court Shreveport v. Holmes, 125 U.S. 694 (1888) Shreveport v. Holmes Nos. 1121-1123 Submitted October 17, 1887 Decided November 14, 1887 Rehearing refused January 9, 1888 125 U.S. 694 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF LOUISIANA Syllabus A petition for a rehearing of a case decided by a divided Court is denied on the ground that no important constitutional question is involved. These cases, which were all submitted together, were all affirmed by a divided Court on the 14th day of November, 1887. The plaintiff in error petitioned for a rehearing, citing Home Ins. Co. v. New York, 119 U. S. 129 . MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. These petitions are denied. The rehearing was granted in Home Insurance Co. v. New York, 119 U. S. 129 , after a decision by a divided Court, because an important constitutional question was involved. The questions in t...
- ‹ Prev
- 2
- 3
- Next ›
- Last »