Us Supreme Court Court November 1889 Judgments
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Oregon Improvement Co. Vs. Excelsior Coal Co.
Court: US Supreme Court
Decided on: Nov-25-1889
Oregon Improvement Co. v. Excelsior Coal Co. - 132 U.S. 215 (1889) U.S. Supreme Court Oregon Improvement Co. v. Excelsior Coal Co., 132 U.S. 215 (1889) Oregon Improvement Company v. Excelsior Coal Company No. 1198 Submitted November 11, 1889 Decided November 25, 1889 132 U.S. 215 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Where a complaint in an action at law for the infringement of a reissued patent for an invention avers that the reissue is "for the same invention" as the original patent and the answer denies "each and every, all and singular, the allegations" of the complaint, it is error, on the trial, to exclude the original patent from being put in evidence by the defendant. The case is stated in the opinion. MR. JUSTICE BLATCHFORD delivered the opinion of the Court. This is an action at law, brought by the Excelsior Coal Company, a corporation, against the Oregon Improvement Company, another corporation, in the...
Raimond Vs. Terrebonne Parish
Court: US Supreme Court
Decided on: Nov-25-1889
Raimond v. Terrebonne Parish - 132 U.S. 192 (1889) U.S. Supreme Court Raimond v. Terrebonne Parish, 132 U.S. 192 (1889) Raimond v. Terrebonne Parish No. 88 Argued November 12, 1889 Decided November 25, 1889 132 U.S. 192 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus Either a statement of facts by the parties or a finding of facts by the circuit court is strictly analogous to a special verdict, and must state the ultimate facts of the case, presenting questions of law only, and not be a recital of evidence or of circumstances which may tend to prove the ultimate facts or from which they may be inferred. This was an action by a citizen of Mississippi against a parish in Louisiana upon certain bonds and coupons, amounting, with interest, to more than $5,000 in value, alleged in the petition and denied in the answer to have been issued in accordance with the statute of Louisiana of March 23, 1874, No. 74, and to have been purchas...
Dahl Vs. Raunheim
Court: US Supreme Court
Decided on: Nov-25-1889
Dahl v. Raunheim - 132 U.S. 260 (1889) U.S. Supreme Court Dahl v. Raunheim, 132 U.S. 260 (1889) Dahl v. Raunheim No. 85 Submitted November 7, 1889 Decided November 25, 1889 132 U.S. 260 ERROR TO THE SUPREME COURT OF THE TERRITORY OF MONTANA Syllabus An applicant for a placer patent, who has complied with all the proceedings essential for the issue of a patent for his location but whose patent has not issued may maintain an action to quiet title against a person asserting title to a portion of the placer location under a subsequent location of a lode claim. If, on the trial of such an action, the court instruct the jury that if they believe that the premises were located by the grantors and predecessors in interest of the plaintiff as a placer mining claim in accordance with law and they continued to hold the premises until conveyed to the plaintiff, and the plaintiff continued to hold them up to the time of the application of a patent therefor, and at the time of the appli...
Missouri Pacific Ry. Co. Vs. Chicago and A. R. Co.
Court: US Supreme Court
Decided on: Nov-25-1889
Missouri Pacific Ry. Co. v. Chicago & A. R. Co. - 132 U.S. 191 (1889) U.S. Supreme Court Missouri Pacific Ry. Co. v. Chicago & A. R. Co., 132 U.S. 191 (1889) Missouri Pacific Railway Company v. Chicago and Alton Railroad Company No. 66 Submitted November 5, 1889 Decided November 25, 1889 132 U.S. 191 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus In regard to motions for a new trial and bills of exceptions, the courts of the United States are independent of any statute or practice prevailing in the courts of the state in which the trial is had. The case is stated in the opinion. MR. JUSTICE GRAY delivered the opinion of the Court. In this action, tried by the circuit court without a jury, there is no case stated by the parties, or finding of facts by the court. The bill of exceptions, after setting forth all the evidence introduced at the trial, states that "there were no declarations of law asked for or given by the court,...
Chanute City Vs. Trader
Court: US Supreme Court
Decided on: Nov-25-1889
Chanute City v. Trader - 132 U.S. 210 (1889) U.S. Supreme Court Chanute City v. Trader, 132 U.S. 210 (1889) Chanute City v. Trader No. 1509 Argued November 17, 1889 Decided November 25, 1889 132 U.S. 210 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS Syllabus A judgment for damages and costs was recovered is a circuit court of the United States, on bonds and coupons issued by a municipal corporation. In answer to an alternative writ of mandamus issued three and one-half years afterwards for the levy of a tax to satisfy the judgment, it was set up in bar that the original judgment was void because the circuit court had no jurisdiction of the subject matter of the action on the Page 132 U. S. 211 ground that the bonds were not payable to order or bearer. A peremptory writ was granted by a judgment, to review which a writ of error was taken. A motion to dismiss the writ was made, united with a motion to affirm. Held: (1) Although there was no gr...
Vane Vs. Newcombe
Court: US Supreme Court
Decided on: Nov-25-1889
Vane v. Newcombe - 132 U.S. 220 (1889) U.S. Supreme Court Vane v. Newcombe, 132 U.S. 220 (1889) Vane v. Newcombe No. 69 Argued and submitted November 6, 1889 Decided November 25, 1889 132 U.S. 220 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA Syllabus In Indiana, a person who contracts with a telegraph corporation to do the specified work of putting up certain lines of wire on poles is not an "employee" of the corporation within the meaning of the Act of the Legislature of Indiana, approved March 13, 1877, Laws of Indiana 1877, Special Session, 27, c. 8; also, Rev.Stats. Indiana, §§ 5286-5291, giving a first and prior lien on the corporate property and earnings of a corporation to its employees for all work and labor done and performed by them for the corporation from the date of their employment by the corporation. Such a lien is not given to him by virtue of the Mechanics' Lien Act of Indiana, of March 6, 1883, Laws of 1883. 140...
Continental Life Ins. Co. Vs. Chamberlain
Court: US Supreme Court
Decided on: Nov-25-1889
Continental Life Ins. Co. v. Chamberlain - 132 U.S. 304 (1889) U.S. Supreme Court Continental Life Ins. Co. v. Chamberlain, 132 U.S. 304 (1889) Continental Life Insurance Company v. Chamberlain No. 100 Submitted November 13, 1889 Decided November 25, 1889 132 U.S. 304 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA Syllabus In Iowa it is provided by statute that "any person who shall hereafter solicit insurance or procure applications therefor shall be held to be the soliciting agent of the insurance company or association issuing a policy on such application, or on a renewal thereof, anything in the application or policy to the contrary notwithstanding." Held: (1) That a person procuring an application for life insurance in that state became by the force of the statute the agent of the company in that act, and could not be converted into the agent of the assured by any provision in the application. (2) That, if he filled up the applica...
Royer Vs. Roth
Court: US Supreme Court
Decided on: Nov-25-1889
Royer v. Roth - 132 U.S. 201 (1889) U.S. Supreme Court Royer v. Roth, 132 U.S. 201 (1889) Royer v. Roth No. 83 Submitted November 7, 1889 Decided November 25, 1889 132 U.S. 201 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA Syllabus The claim of letters patent No. 172,346, granted to Herman Royer, January 18, 1876, for an improvement in machines for treating rawhides, namely, "In combination with the drum A of a rawhide fulling machine, operating to twist the leather alternately in one direction and the other, a shifting device for the purpose of making the operation automatic and continuous, substantially as described," does not cover any patentable combination, it being a mere aggregation of parts. The automatic shifting device was old, as attached to a washing machine, and there was no modification of its action produced by attaching it to the fulling machine. Therefore, its application to that machine did not require the exercise of...
Brown Vs. Rank
Court: US Supreme Court
Decided on: Nov-25-1889
Brown v. Rank - 132 U.S. 216 (1889) U.S. Supreme Court Brown v. Rank, 132 U.S. 216 (1889) Brown v. Rank No. 99 Submitted November 13, 1889 Decided November 25, 1889 132 U.S. 216 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF WASHINGTON Syllabus The defendant in a possessory action in the nature of ejectment brought in a court of Washington Territory where the laws permitted a mingling of common law and equity jurisdictions pleaded the general issue and also set up four defenses, one of which was the statute of limitations and one of which was an equitable defense. The plaintiff filed a general demurrer to the second, third and fourth defenses. The demurrer being overruled, the plaintiff elected to stand upon it, and the case was thereupon dismissed: Held that the final judgment was one dismissing the action at law, and was not a judgment in the exercise of chancery jurisdiction. Page 132 U. S. 217 MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. Appellan...
Fritts Vs. Palmer
Court: US Supreme Court
Decided on: Nov-25-1889
Fritts v. Palmer - 132 U.S. 282 (1889) U.S. Supreme Court Fritts v. Palmer, 132 U.S. 282 (1889) Fritts v. Palmer No. 72 Submitted November 6, 1889 Decided November 25, 1889 132 U.S. 282 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus The Constitution of Colorado provided that no foreign corporation should do business in the state without having a known place of business and an agent upon whom process might be served. A statute of the state made provision for the filing by such corporation with the Secretary of a certificate showing its place of business and designating such agent or agents, and also a copy of its charter of incorporation, or of its certificate of incorporation under a general incorporation law, and, in case of failure to do so, that each and every officer, agent and stockholder of the corporation should be jointly and severally personally liable on its contracts made while in default. Said act further provided that no c...
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