Us Supreme Court Court December 1887 Judgments
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Marquette, H. and O. R. Co. Vs. United States
Court: US Supreme Court
Decided on: Dec-19-1887
Marquette, H. & O. R. Co. v. United States - 123 U.S. 722 (1887) U.S. Supreme Court Marquette, H. & O. R. Co. v. United States, 123 U.S. 722 (1887) Marquette, Houghton and Ontonagon Railroad Company v. United States Argued December 6, 1887 Decided December 19, 1887 123 U.S. 722 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus Construing the clause in the Internal Revenue Act of July 14, 1870, which imposed a tax for the year 1871 of 2 1/2 percent on all undivided profits of corporations accrued and earned and added to a surplus, contingent, or other fund, in connection with the previous internal revenue statutes, it is plain that it was the intention of Congress not to subject to that tax profits of a railroad corporation during that year which were not divided, but were used for construction. Action at law to recover an unpaid internal revenue tax. Judgment for plaintiff. Defendant sued out this writ of error. The case i...
Aetna Life Ins. Co. Vs. Davey
Court: US Supreme Court
Decided on: Dec-19-1887
Aetna Life Ins. Co. v. Davey - 123 U.S. 739 (1887) U.S. Supreme Court Aetna Life Ins. Co. v. Davey, 123 U.S. 739 (1887) Aetna Life Insurance Company v. Davey Argued November 23, 1387 Decided December 19, 1887 123 U.S. 739 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY Syllabus A policy of life insurance contained questions to the applicant with his answers, and provisions that the answers were warranted to be true, and that the policy should be void if they were in any respect false or fraudulent. Among these questions and answers were the following: "5. Q. Are the habits of the party sober and temperate?" "A. Yes." "6. Q. Has the party ever been addicted to the excessive or intemperate use of any alcoholic stimulants or opium, or does he use any of them often or daily?" "A. No." It also contained a provision that if the applicant should become so far intemperate as to impair health or induce delirium tremens, it should become void. Aft...
Northern Pacific R. Co. Vs. Mares
Court: US Supreme Court
Decided on: Dec-19-1887
Northern Pacific R. Co. v. Mares - 123 U.S. 710 (1887) U.S. Supreme Court Northern Pacific R. Co. v. Mares, 123 U.S. 710 (1887) Northern Pacific Railroad Company v. Mares Argued December 7, 1887 Decided December 19, 1887 123 U.S. 710 ERROR TO THE SUPREME COURT OF THE TERRITORY OF DAKOTA Syllabus Accident Ins. Co. v. Crandal, 120 U. S. 524 , affirmed to the point that the refusal of the court to instruct the jury at the close of the plaintiff's evidence that he is not entitled to recover cannot be assigned for error if the defendant afterwards introduces evidence. Under all the circumstances set forth in the statement of facts and the opinion of the court, it was for the jury to determine whether the failure on the part of the plaintiff to work with his fellow servant was in fact contributory negligence on his part, and on the whole case it appears that the cause was submitted by the court to the jury fairly, and with an accurate statement of the law applicable to the rela...
North Pennsylvania R. Co. Vs. Commercial Bank
Court: US Supreme Court
Decided on: Dec-19-1887
North Pennsylvania R. Co. v. Commercial Bank - 123 U.S. 727 (1887) U.S. Supreme Court North Pennsylvania R. Co. v. Commercial Bank, 123 U.S. 727 (1887) North Pennsylvania Railroad Company v. Commercial Bank of Canada Argued November 22-23, 1887 Decided December 19, 1887 123 U.S. 727 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus A Circuit Court of the United States may direct a verdict for the plaintiff when it is clear from all the evidence in the case that he is entitled to recover, and no matter affecting his claim is left in doubt to be determined by the jury. The undertaking of a common carrier to transport livestock, though differing in some respects from the responsibility assumed in the carriage of ordinary goods, includes the delivery of the livestock. Page 123 U. S. 728 When a railroad company receives livestock for transportation by means of connecting lines to a named consignee or to his order at a destination...
Radford Vs. Folsom
Court: US Supreme Court
Decided on: Dec-19-1887
Radford v. Folsom - 123 U.S. 725 (1887) U.S. Supreme Court Radford v. Folsom, 123 U.S. 725 (1887) Radford v. Folsom Submitted December 8, 1887 Decided December 19, 1887 123 U.S. 725 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus An appeal allowed in open court is of the date of its allowance, and, to be kept in force, should reach this Court before the end of the term to which it is made returnable. An appeal being allowed in open court, leaving the amount of the appeal bond to be settled afterwards, the acceptance of a bond by the district judge after the expiration of the term at which the decree was rendered, and without issue and service of citation, does not operate as a new appeal as of the date of the acceptance of the bond. The appearance of an appellee by counsel, without citation at a term after the term at which the appeal is returnable, and a motion to dismiss the appeal for want of filing the transcript of the rec...
Texas and Pacific Ry. Co. Vs. Marlor
Court: US Supreme Court
Decided on: Dec-19-1887
Texas & Pacific Ry. Co. v. Marlor - 123 U.S. 687 (1887) U.S. Supreme Court Texas & Pacific Ry. Co. v. Marlor, 123 U.S. 687 (1887) Texas & Pacific Railway Company v. Marlor Argued December 5-6, 1887 Decided December 19, 1887 123 U.S. 687 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A railroad company, in a bond issued by it, promised to pay the principal at a specified time and place, "with interest thereon at the rate of seven percent per annum, payable annually on the 1st day of July in each year, as provided in the mortgage hereinafter mentioned." The bond also set forth that the interest was secured by a mortgage lien on the net income of certain specified lines of road, and that "in case such net earnings shall not in any one year be sufficient to enable the company to pay seven percent interest on the outstanding bonds, then scrip may, at the option of the company, be issued for the interest." A certifica...
Hefner Vs. Northwestern Life Ins. Co.
Court: US Supreme Court
Decided on: Dec-19-1887
Hefner v. Northwestern Life Ins. Co. - 123 U.S. 747 (1887) U.S. Supreme Court Hefner v. Northwestern Life Ins. Co., 123 U.S. 747 (1887) Hefner v. Northwestern Life Insurance Company Argued November 7,8, 1887 Decided December 19, 1887 123 U.S. 747 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus Multifariousness as to subjects or parties within the jurisdiction of a court of equity does not render a decree void so that it can be treated as a nullity in a collateral action. A court of equity, in a suit to foreclose a mortgage, may permit a person, to whom the land has been sold and conveyed for nonpayment of taxes assessed after the date of the mortgage to be made a party, and may determine the validity of his title. A bill in equity by A against B and C to foreclose a mortgage from B to A alleged that C claimed some interest in the premises, the exact nature of which the plaintiff was unable to set out, and prayed for a decree of fo...
Talkington Vs. Dumbleton
Court: US Supreme Court
Decided on: Dec-19-1887
Talkington v. Dumbleton - 123 U.S. 745 (1887) U.S. Supreme Court Talkington v. Dumbleton, 123 U.S. 745 (1887) Talkington v. Dumbleton Submitted December 15, 1887 Decided December 19, 1887 123 U.S. 745 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus When the value of the property in dispute is one of the questions in the case and was necessarily involved in its determination in the court below, this Court will not, on a motion to dismiss for want of jurisdiction, consider affidavits tending to contradict the finding of that court in respect of its value. Motion to dismiss for want of jurisdiction. The case is stated in the opinion of the Court. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. This suit was brought on the 10th of April, 1886, by Henry M. Dumbleton, the appellee, to set aside a conveyance of lands made by him to F. P. Talkington, one of the appellants, on the 23d of February, 1885, in exchange for the interes...
Robison Vs. Female Orphan Asylum of Portland
Court: US Supreme Court
Decided on: Dec-19-1887
Robison v. Female Orphan Asylum of Portland - 123 U.S. 702 (1887) U.S. Supreme Court Robison v. Female Orphan Asylum of Portland, 123 U.S. 702 (1887) Robison v. Female Orphan Asylum of Portland Argued December 7, 1887 Decided December 19, 1887 123 U.S. 702 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE Syllabus In construing doubtful clauses in a will, the court will endeavor to ascertain the testator's intention through their meaning as reasonably interpreted in the particular case, rather than resort to formal rules or to a consideration of judicial determination in other cases apparently similar. The testator in this case provided in his will that his widow should have the income of all his estate, she having the right to spend it, but not to have it accumulate for her heirs; that his two sisters, if living at the time of the death of himself and his wife or the one that might then be living, should "have the income of all my estate as long ...
Wilson Vs. Riddle
Court: US Supreme Court
Decided on: Dec-12-1887
Wilson v. Riddle - 123 U.S. 608 (1887) U.S. Supreme Court Wilson v. Riddle, 123 U.S. 608 (1887) Wilson v. Riddle Argued November 30, December 1, 1887 Decided December 12, 1887 123 U.S. 608 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Syllabus In April, 1853, R. made a deed to himself, as trustee, of land in Georgia for the benefit of his wife and their children during the life of the wife and, after her death, of such children, which deed was recorded in May, 1853, in the office of the clerk of the superior court of the county in which R. resided. In May, 1870, R. mortgaged to W. the trust land and other land. W. foreclosed the mortgage, and on a sale, in 1876, bid in the mortgaged lands and obtained from the sheriff a deed of them and took possession of them. In 1881, the beneficiaries under the trust deed brought a bill in equity in the circuit court of the United states against W. to have the trust established. Among the defenses...
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