Us Supreme Court Court February 1887 Judgments
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In Re Snow
Court: US Supreme Court
Decided on: Feb-07-1887
In re Snow - 120 U.S. 274 (1887) U.S. Supreme Court In re Snow, 120 U.S. 274 (1887) In re Snow Argued January 21, 1887 Decided February 7, 1887. 120 U.S. 274 APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH Syllabus Where a district court in the Territory of Utah refuses to issue a writ of habeas corpus involving the question of personal freedom, an appeal lies to this Court from its order and judgment of refusal. The offense of cohabiting with more than one woman, created by 3 of the Act of Congress of March 22, 1852, c. 47, 22 Stat. 31, is a continuous offense, and not one consisting of an isolated act. Page 120 U. S. 275 S. was convicted separately in a district court of the Territory of Utah, on three indictments under that section, covering together a continuous period of time, each covering a different part, but the three parts being continuous, the indictments being found at the same time, by the same grand jury, on one oath and one examinatio...
Sherman Vs. Jerome
Court: US Supreme Court
Decided on: Feb-07-1887
Sherman v. Jerome - 120 U.S. 319 (1887) U.S. Supreme Court Sherman v. Jerome, 120 U.S. 319 (1887) Sherman v. Jerome Argued December 17, 1886 Decided February 7, 1887 120 U.S. 319 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus A clause in a will gave to C the interest of $4000 for life, "the said sum" of $4,000 to be equally divided at C's death between M, S, and J, or so many of them as should then be living. The will appointed P executor for New York and G and D executors for Michigan. G and D, before the death of C, executed a paper and recorded it in Michigan by which they, as executors, "set apart for the benefit of" C and "to be held" by them "in trust for the purpose of paying" said interest, and, upon the death of C, "for distribution" among M, S, and J, a bond and mortgage for $4,000, on land in Michigan, given to the testator in lis lifetime, which was overdue seventeen mouths when the paper was executed. None of the...
MartIn Vs. Thompson
Court: US Supreme Court
Decided on: Feb-07-1887
Martin v. Thompson - 120 U.S. 376 (1887) U.S. Supreme Court Martin v. Thompson, 120 U.S. 376 (1887) Martin v. Thompson Submitted January 24, 1887 Decided February 7, 1887 120 U.S. 376 ERROR TO THE SUPREME COURT OF CALIFORNIA Syllabus An action at law in a state court of California by A against B to recover the value of a crop raised on land occupied by B who claims as preemptor, adversely to A, claiming under the state, by B's labor and at B's expense, does not involve the title to the land, and the issue presents no federal question. This was a motion to dismiss, united with a motion to affirm. The case is stated in the opinion of the Court. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. This suit was brought by Martin, the defendant in error in Durand v. Martin, just decided, to recover of Thompson, one of the plaintiffs in error, a crop of wheat raised by him during the year 1878 on the land described in that case, which he took from the possession of Mar...
United States Vs. Dunn
Court: US Supreme Court
Decided on: Feb-07-1887
United States v. Dunn - 120 U.S. 249 (1887) U.S. Supreme Court United States v. Dunn, 120 U.S. 249 (1887) United States v. Dunn, 120 U.S. 249 (1887) Submitted January 3, 1887 Decided February 7, 1887 120 U.S. 249 APPEAL FROM THE COURT OF CLAIMS Syllabus Service by an officer of the navy as an enlisted man in the marine corps is to be credited to him in calculating his longevity pay under the Act of March 3, 1883, 22 Stat. 472, 473, c. 97. The marine corps is a military body primarily belonging to the navy and under control of the Naval Department, with liability to be ordered to service in connection with the army, and in that case under the command of army officers. This was an appeal from the Court of Claims. The case is stated in the opinion of the court. Page 120 U. S. 250 MR. JUSTICE MILLER delivered the opinion of the Court. The plaintiff brought her suit as administratrix of the estate of George Dunn, her husband, who died on the 29th of September, 1884, to recove...
Pensacola Ice Co. Vs. Perry
Court: US Supreme Court
Decided on: Feb-07-1887
Pensacola Ice Co. v. Perry - 120 U.S. 318 (1887) U.S. Supreme Court Pensacola Ice Co. v. Perry, 120 U.S. 318 (1887) Pensacola Ice Company v. Perry Submitted December 20, 1886 Decided February 7, 1887 120 U.S. 318 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus It appearing by the record in this Court that the verdict at the trial of an action of ejectment in the Circuit Court of the United States sitting in Florida did not state the quantity of the estate or describe the land, the judgment was reversed and the cause remanded for a new trial. The case is stated in the opinion of the Court. MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. Page 120 U. S. 319 A statute of Florida, approved February 22, 1881, contains the following provisions: "SEC. 1. The verdict in actions of ejectment shall, when for the plaintiff, state the quantity of the estate of the plaintiff and describe the land by its metes and bounds, by th...
Durand Vs. Martin
Court: US Supreme Court
Decided on: Feb-07-1887
Durand v. Martin - 120 U.S. 366 (1887) U.S. Supreme Court Durand v. Martin, 120 U.S. 366 (1887) Durand v. Martin Submitted January 13, 1887 Decided February 7, 1887 120 U.S. 366 ERROR TO THE SUPREME COURT OF CALIFORNIA Syllabus Lands listed to California as indemnity school lands, and patented by the state, are not open to preemption settlement while in possession of the patentee. The Act of March 1, 1877, 19 Stat. 267, "relating to indemnity school lands in the California," was a full and complete ratification by Congress, according to its terms, of the lists of indemnity school selections which had been before that time certified to the State of California by the United States as indemnity school selections, no matter how defective or insufficient such certificates might originally have been, if the lands included in the lists were not any of those mentioned in 4, and if they had not been taken up in good faith by a homestead or preemption settler prior to the date of the...
Farley Vs. Kittson
Court: US Supreme Court
Decided on: Feb-07-1887
Farley v. Kittson - 120 U.S. 303 (1887) U.S. Supreme Court Farley v. Kittson, 120 U.S. 303 (1887) Farley v. Kittson Argued March 29-30, 1886 Reargued December 8-9, 1886 Decided February 7, 1887 120 U.S. 303 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus At the hearing upon a plea in equity and a general replication, no fact is in issue but the truth of the matter pleaded. Objections to the equity of the plaintiff's claim, as stated in his bill, cannot be taken by plea. A plea in equity, though under oath and negativing a material averment in the bill, is no evidence in the defendant's favor. A bill in equity to enforce a contract between the plaintiff and the defendants to purchase for their joint benefit the bonds, secured by mortgages, of two railroads, of one of which the plaintiff was receiver and of the other general manager under the trustees in the mortgage, alleged that he performed the agreement on his part; that the de...
The L. P. Dayton
Court: US Supreme Court
Decided on: Feb-07-1887
The L. P. Dayton - 120 U.S. 337 (1887) U.S. Supreme Court The L. P. Dayton, 120 U.S. 337 (1887) The L. P. Dayton Argued January 21, 24, 1887 Decided February 7, 1887 120 U.S. 337 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus If a vessel in tow by one steam tug collides on navigable waters with a vessel in tow by another steam tug and is injured, and the two tugs are libeled in one proceeding in admiralty to recover damages for the injuries sustained, the burden of proof is on the libellant to establish negligence against each tug separately, and admissions in the answer on the part of one tug cannot be used against the other tug to relieve the injured vessel of this burden. The role which presumes fault in case of a collision against a vessel in motion in favor of one at anchor does not apply to the case of a vessel moved by a steam tug colliding with another vessel moved by another steam tug. If a vessel towed by a steam...
United States Vs. Northway
Court: US Supreme Court
Decided on: Feb-07-1887
United States v. Northway - 120 U.S. 327 (1887) U.S. Supreme Court United States v. Northway, 120 U.S. 327 (1887) United States v. Northway Argued January 4-5, 1887 Decided February 7, 1887 120 U.S. 327 CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus The question whether either of the counts in an indictment charges an offense under the laws of the United states, is too vague and general to be certified in a Certificate of Division of Opinion. An indictment claiming that the defendant, "as president and agent" of . . national bank, did the acts forbidden by Rev.Stat. 5209 does not vitiate the counts in which he is so described. In an indictment under Rev.Stat. 5209 for willfully misapplying the funds of a national bank, it is not necessary to charge that the moneys and funds alleged to have been misapplied had been previously entrusted to the defendant, since a willful and criminal misapplication of the fund ...
Harmon Vs. Adams
Court: US Supreme Court
Decided on: Feb-07-1887
Harmon v. Adams - 120 U.S. 363 (1887) U.S. Supreme Court Harmon v. Adams, 120 U.S. 363 (1887) Harmon v. Adams Submitted January 10, 1887 Decided February 7, 1887 120 U.S. 363 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus An agreement by the payee of a promissory note to release the maker from the payment of the principal on the payment, in advance each year, until payee's death, of interest at a rate above the legal rate, is no defense in a suit by the payee's executor, without proof of such payment until his death. Assumption on a promissory note. Judgment for plaintiffs. Defendant sued out this writ of error. The case is stated in the opinion of the Court. MR. JUSTICE MATTHEWS delivered the opinion of the Court. This was an action of assumpsit brought in the Circuit Court of the United States for the Northern District of Illinois, on September 25, 1885, the plaintiffs being executors of Jacob Page 120 U. S. 364 Harmon, ...
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