Us Supreme Court Court March 1887 Judgments
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First National Bank of Cleveland Vs. Shedd
Court: US Supreme Court
Decided on: Mar-28-1887
First National Bank of Cleveland v. Shedd - 121 U.S. 74 (1887) U.S. Supreme Court First National Bank of Cleveland v. Shedd, 121 U.S. 74 (1887) First National Bank of Cleveland v. Shedd Submitted January 24, 1887 Decided March 28, 1887 121 U.S. 74 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus In two suits for the foreclosure of two mortgages of an insolvent railway, which Mad, by amendments and crossbills, become practically consolidated, the two sets of trustees, acting in harmony and in good faith, and with the approbation of the holders of a majority of the bonds issued under each mortgage (but against the wishes and objections of persons holding a minority of one of the issues as collateral, and contesting the priority of lien as to some of the property and the legality of some of the issues of bonds), procured the entry of a decree which ordered a speedy sale of all the property covered by either or both mortgages a...
Merchants' Ins. Co. Vs. Allen
Court: US Supreme Court
Decided on: Mar-28-1887
Merchants' Ins. Co. v. Allen - 121 U.S. 67 (1887) U.S. Supreme Court Merchants' Ins. Co. v. Allen, 121 U.S. 67 (1887) Merchants' Insurance Company v. Allen Argued March 17-18, 1887 Decided March 28, 1887 121 U.S. 67 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus While a vessel was in transit on a voyage from Liverpool to New Orleans, its home port, a policy was taken out "to navigate the Atlantic Ocean between Europe and America, and to be covered in port and at sea," these words being written in the printed blank, and the insurers knowing the home port of the vessel. The policy also contained in print the words "Warranted by the assured not to use port or ports in Eastern Mexico, Texas, nor Yucatan, nor anchorage thereof during the continuance of this insurance." The vessel completed the voyage to New Orleans, went thence to Ship Island for a return cargo to Liverpool, and was lost from peril of the sea in the Gulf of Mexi...
Royall Vs. Virginia
Court: US Supreme Court
Decided on: Mar-28-1887
Royall v. Virginia - 121 U.S. 102 (1887) U.S. Supreme Court Royall v. Virginia, 121 U.S. 102 (1887) Royall v. Virginia Argued March 18, 1887 Decided March 28, 1887 121 U.S. 102 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA Syllabus An information being filed against Royall for practicing as a lawyer without having first obtained a revenue license, he pleaded payment of the license fee partly in a coupon cut from a bond issued by the State of Virginia under the provisions of the Act of March 30, 1871, and partly in cash. The Commonwealth demurred to this pea. Held: that the demurrer admitted that the coupon was genuine and bore on its face the contract of the state to receive it in payment of taxes &c.;, and that this showed a good tender and brought the case within the ruling in Royall v. Virginia, 116 U. S. 572 . On the 9th of February, 1887, an information was filed in the Husting's Court of Richmond, Virginia, against Royall that he "unlawfully did...
United States Vs. McDougall's Administrator
Court: US Supreme Court
Decided on: Mar-28-1887
United States v. McDougall's Administrator - 121 U.S. 89 (1887) U.S. Supreme Court United States v. McDougall's Administrator, 121 U.S. 89 (1887) United States v. McDougall's Administrator Submitted January 7, 1887 Decided March 28, 1887 121 U.S. 89 APPEAL FROM THE COURT OF CLAIMS Syllabus The fact that Congress, by several special acts, has made provision for the payment of several claims, part of a class of claims upon which the respective claimants could not have recovered in an action in the Court of Claims in the exercise of its general jurisdiction, furnishes no reason for holding the United States liable in an action in that court for the recovery of such a claim which Congress has made no provision for. The fact that the Court of Claims has rendered judgment against the United States at various times upon claims of a particular class, from which judgments the Executive Department of the government took no appeal, furnishes no reason why judgment should be given agains...
Ex Parte Bain
Court: US Supreme Court
Decided on: Mar-28-1887
Ex Parte Bain - 121 U.S. 1 (1887) U.S. Supreme Court Ex Parte Bain, 121 U.S. 1 (1887) Ex Parte Bain Argued March 8, 1887 Decided March 28, 1887 121 U.S. 1 ORIGINAL Syllabus The declaration of Article V of the Amendments to the Constitution, that "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury" is jurisdictional, and no court of the United states has authority to try a prisoner without indictment or presentment in such cases. The indictment here referred to is the presentation to the proper court, under oath, by a grand jury, duly impaneled, of a charge describing an offense against the law for which the party charged may be punished. When this indictment is filed with the court, no change can be made in the body of the instrument by order of the court or by the prosecuting attorney without a resubmission of the case to the grand jury. And the fact that the court may deem the change immateria...
Richmond Vs. Irons
Court: US Supreme Court
Decided on: Mar-23-1887
Richmond v. Irons - 121 U.S. 27 (1887) U.S. Supreme Court Richmond v. Irons, 121 U.S. 27 (1887) Richmond v. Irons Submitted January 7, 1887 Decided March 23, 1887 121 U.S. 27 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A bill in equity filed by a judgment creditor of an insolvent national back which alleges that the president of the bank, under cover of a voluntary liquidation, was converting its assets, in a manner stated in the bill, in fraud of the rights of the complainant and other creditors, and which prays a discovery of all the assets, and of what moneys and assets have come into the president's hands, and what disposition has been made of them, and that the sales and conveyances of corporation property may be set aside, and that the property of the bank may be delivered up to the court, and that a receiver be appointed, and that the proceeds of the property may be applied to the payment of the complainant's debt ...
GoodwIn Vs. Fox
Court: US Supreme Court
Decided on: Mar-21-1887
Goodwin v. Fox - 120 U.S. 775 (1887) U.S. Supreme Court Goodwin v. Fox, 120 U.S. 775 (1887) Goodwin v. Fox Submitted March 14, 1887 Decided March 21, 1887 120 U.S. 775 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus The entry, on the stipulation of the parties, in a suit in equity in which an appeal has been allowed but the record is incomplete, of an order extending the time for filing the appeal bond and the certificate of evidence is equivalent to an order as of that date renewing the allowance of appeal in open court in the presence of both parties, and the appeal is returnable at this Court as if allowed at the date of the entry of the order; but if the appeal bond in such case is not filed until after the term in which the appeal was allowed by the court, citation or its equivalent is necessary to notify the appellee that the appeal allowed in term time has not been abandoned by failure to furnish the security, and the ...
New Orleans Banking Ass'n Vs. Le Breton
Court: US Supreme Court
Decided on: Mar-21-1887
New Orleans Banking Ass'n v. Le Breton - 120 U.S. 765 (1887) U.S. Supreme Court New Orleans Banking Ass'n v. Le Breton, 120 U.S. 765 (1887) New Orleans Banking Association v. Le Breton Argued October 21-22, 1886 Decided March 21, 1887 120 U.S. 765 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus In Louisiana, a holder of a first mortgage on real estate, duly executed before a notary with pact de non alienando, is not bound to give notice to subsequent mortgagees, or to any person but the debtor in possession, when he proceeds by executory process to obtain seizure and sale of the mortgaged property to satisfy the mortgage debt. In Louisiana, a mortgage given to secure a future balance on an open unliquidated account is valid, and the acknowledgment of the amount of the balance by the debtor before a notary is all that is necessary to be done under the code in order to ascertain it for the purposes of executory process. In ...
Ex Parte Harding
Court: US Supreme Court
Decided on: Mar-21-1887
Ex Parte Harding - 120 U.S. 782 (1887) U.S. Supreme Court Ex Parte Harding, 120 U.S. 782 (1887) Ex Parte Harding Submitted March 16, 1887 Decided March 21, 1887 120 U.S. 782 ORIGINAL Syllabus Ex Parte Wilson, 114 U. S. 417 , affirmed on the point that this Court cannot discharge on habeas corpus a person imprisoned under the sentence of a circuit or district court in a criminal case unless the sentence exceeds the jurisdiction of that court or there is no authority to hold the prisoner under sentence. A territorial court is not deprived of its jurisdiction to try a person indicted for a criminal offense by the fact that an alien sat on the grand jury that found the indictment under a provision of a territorial statute permitting it. The denial of compulsory process to enable a person charged with crime to obtain witnesses at the trial in the court below does not invalidate the judgment. The following motion was made in this case: "Now comes the petitioner, by his counse...
Leather Manufacturers' Bank Vs. Cooper
Court: US Supreme Court
Decided on: Mar-21-1887
Leather Manufacturers' Bank v. Cooper - 120 U.S. 778 (1887) U.S. Supreme Court Leather Manufacturers' Bank v. Cooper, 120 U.S. 778 (1887) Leather Manufacturers' Bank v. Cooper Submitted March 7, 1887 Decided March 21, 1887 120 U.S. 778 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Since the Act of July 12, 1852, c. 290, took effect, a suit by or against National Banks cannot be removed from a state court to a circuit court of the United States unless a similar suit by or against a state bank in like situation with the National Bank could be so removed. A case does not arise under the laws of the United States simply because this Court has decided in another suit the questions of law which are involved. A case is not removable because a colorable assignment has been made to give a state court exclusive jurisdiction. Provident Savings Society v. Ford, 114 U. S. 635 , and Oakley v. Goodnow, 118 U. S. 43 , on this point af...
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