Us Supreme Court Court March 1889 Judgments
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Moore Vs. Crawford
Court: US Supreme Court
Decided on: Mar-18-1889
Moore v. Crawford - 130 U.S. 122 (1889) U.S. Supreme Court Moore v. Crawford, 130 U.S. 122 (1889) Moore v. Crawford No. 700 Submitted January 2, 1889 Decided March 18, 1889 130 U.S. 122 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus In January, 1875, a patent issued from the state land office in Michigan for 160 acres of mineral land to McDonald and McKay, who furnished the money for it. The application was made by Moore in their behalf, and under an agreement which the court finds to be established by the proof as made (but not as made in writing) that he was to have one-third interest in it in consideration of his services in prospecting. On the 18th of October, 1875, Moore, being then unmarried, executed and delivered a deed of one sixth interest in the tract to Monroe for a valuable consideration, informing him that he (Moore) was to have a deed of one-third part from McDonald and McKay, which was probably at that time m...
Thompson Vs. Hall
Court: US Supreme Court
Decided on: Mar-18-1889
Thompson v. Hall - 130 U.S. 117 (1889) U.S. Supreme Court Thompson v. Hall, 130 U.S. 117 (1889) Thompson v. Hall No. 186 Argued March 6-7, 1889 Decided March 18, 1889 130 U.S. 117 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus Letters patent No. 232,975, granted October 5, 1880, to Henry G. Thompson, as assignee of the inventor, Moses C. Johnson, for an improvement in cutting pliers, the claim of which is "The body, composed of the side plates, a b , the independent fulcra 2 3 4 5 for the jaw levers and hand levers, the jaw levers provided with cutting edges and with lips e , and the hand levers having short arms g' h' , and a prong and notch always in engagement as described, combined with the V-shaped spring, held, as described, by the lips of the jaw levers, all as and for the purpose set forth," are invalid because Johnson was not the first inventor of the combination claimed in the patent. In equity for infring...
Richardson Vs. Green
Court: US Supreme Court
Decided on: Mar-18-1889
Richardson v. Green - 130 U.S. 104 (1889) U.S. Supreme Court Richardson v. Green, 130 U.S. 104 (1889) Richardson v. Green Argued February 1, 4, 1889 Decided March 18, 1889 130 U.S. 104 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus It is a well settled rule that this Court will not entertain an appeal where the transcript of the record is not filed in this Court at the term next succeeding the taking of the appeal unless a recognized satisfactory excuse for the laches is made. It is not a sufficient excuse that the clerk of the court below was mistaken in his understanding as to the time when the transcript must be filed, and that it was prepared as soon as possible by him, having due regard to the other duties of his office, and the size of the record. Where the transcript of the record was placed in the hands of the clerk of this Court at the next term after the appeal was allowed and perfected by the filing of a bond, b...
Rude Vs. Westcott
Court: US Supreme Court
Decided on: Mar-18-1889
Rude v. Westcott - 130 U.S. 152 (1889) U.S. Supreme Court Rude v. Westcott, 130 U.S. 152 (1889) Rude v. Westcott No. 187 Argued and submitted March 7, 1889 Decided March 18, 1889 130 U.S. 152 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA Syllabus A general and full assignment by a patentee of the letters patent, and all his interest therein, to the full end of the term, and of all reissues, renewals, or extensions, accompanied by a clause that the net profits from sales, royalties, settlements, or any source, are to be divided between the parties, the patentee to receive one-fourth thereof, is a full and absolute transfer of title, and the assignee does not hold the property as trustee for the benefit of the patentee, but is trustee only of one-fourth of the profits which may be received. The payment of a sum in settlement of a claim for an alleged infringement of letters patent cannot be taken as a standard to measure the value of the impr...
Bullitt County Vs. Washer
Court: US Supreme Court
Decided on: Mar-11-1889
Bullitt County v. Washer - 130 U.S. 142 (1889) U.S. Supreme Court Bullitt County v. Washer, 130 U.S. 142 (1889) Bullitt County v. Washer No. 132 Submitted December l8, 1888 Decided March 11, 1889 130 U.S. 142 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY Syllabus Amendments are discretionary with the court below, and are not reviewable here. In Kentucky, when the record of a county court, composed of the county judge and a majority of the justices of the peace of the county, shows affirmatively an adjudication of the necessity of a construction contract; an appropriation for preliminary work upon it, the appointment of an agent to make the contract, and the levy of taxes to pay for work done under it, it is not necessary, in order to fix liability on the county, that the record should further show that the contract was reported to the court with the name of the person making it, that it was filed in the court, or that it was accepted by the c...
Brown Vs. District of Columbia
Court: US Supreme Court
Decided on: Mar-11-1889
Brown v. District of Columbia - 130 U.S. 87 (1889) U.S. Supreme Court Brown v. District of Columbia, 130 U.S. 87 (1889) Brown v. District of Columbia No. 137 Argued January 8-9, 1889 Decided March 11, 1889 130 U.S. 87 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus In view of the state of the art at the time of their issue, letters patent No. 101,590, granted to Turner Cowing, April 5, 1870, for "a wood pavement Page 130 U. S. 88 composed of blocks, each side having a single plain surface and one or more of the sides being inclined, and the blocks being so laid on their larger ends as to form wedge-shaped grooves or spaces to receive concrete or other suitable filling, substantially as set forth," are void for want of novelty. The substitution of blocks of wood of a given shape for blocks of stone of the same shape in the construction of a pavement neither involves a new mode of construction nor develops anything substantially new in the resulting pa...
United States Vs. Watson
Court: US Supreme Court
Decided on: Mar-11-1889
United States v. Watson - 130 U.S. 80 (1889) U.S. Supreme Court United States v. Watson, 130 U.S. 80 (1889) United States v. Watson No. 369 Submitted January 4, 1889 Decided March 11, 1889 130 U.S. 80 APPEAL FROM THE COURT OF CLAIMS Syllabus The time of the service of a cadet in the Military Academy at West Point is to be regarded as a part of the time he served in the army within the meaning of the Act of July 5, 1838, 5 Stat. 256, and should be counted in computing his longevity pay, and in an action to recover that pay, he is entitled to judgment for so much of the amount thereon thus computed as is not barred by the statute of limitations. The case is stated in the opinion. MR. JUSTICE LAMAR delivered the opinion of the Court. On the 24th of February, 1886, the appellee, Malbone F. Watson, filed his petition in the Court of Claims, in substance as follows: Claimant entered the United States Military Academy as a cadet July 1, 1856; was appointed a second lieutenant o...
Calton Vs. Utah
Court: US Supreme Court
Decided on: Mar-11-1889
Calton v. Utah - 130 U.S. 83 (1889) U.S. Supreme Court Calton v. Utah, 130 U.S. 83 (1889) Calton v. Utah No. 1408 Argued January 2, 1883 Decided March 11, 1889 130 U.S. 83 ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus A statute of Utah provided that every person guilty of murder in the first degree shall suffer death, or, upon the recommendation of the jury, may be imprisoned at hard labor in the penitentiary for life at the discretion of the court. Held: (1) That the authority given to substitute imprisonment at hard labor in the penitentiary for life for the punishment by death when the accused is found guilty of murder in the first degree depends upon a previous recommendation to that effect by the jury. (2) That when a person is on trial charged with the commission of murder Page 130 U. S. 84 in the first degree, it is the duty of the court to inform the jury of their right, under the statute, to recommend imprisonment for life at hard labor in the p...
Ballard Vs. Searls
Court: US Supreme Court
Decided on: Mar-06-1889
Ballard v. Searls - 130 U.S. 50 (1889) U.S. Supreme Court Ballard v. Searls, 130 U.S. 50 (1889) Ballard v. Searls No. 144 November 26, 1888, submitted December 3, 1888, postponed until hearing on the merits December 20, 1888, resubmitted Decided March 6, 1889 130 U.S. 50 ORIGINAL MOTION IN A CAUSE BROUGHT HERE ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus Searls, the appellee, filed a bill in the Circuit Court of the United States for the Eastern District of Michigan against Worden for infringement of letters patent. After hearing, a decree was entered in that case in his favor for the recovery of $24,960.31 damages and costs. Worden appealed to this Court, but gave no supersedeas bond. Thereupon execution issued on the decree, which was levied on certain lots, the property of Ballard, the appellant. Searls then filed his bill in the circuit court in aid of the execution, praying to have a conveyance by Worden to Balla...
Mckenna Vs. Simpson
Court: US Supreme Court
Decided on: Mar-05-1889
McKenna v. Simpson - 129 U.S. 506 (1889) U.S. Supreme Court McKenna v. Simpson, 129 U.S. 506 (1889) McKenna v. Simpson No. 767 Submitted January 4, 1889 Decided March 5, 1889 129 U.S. 506 ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE Syllabus A state court has jurisdiction of an action brought by an assignee in bankruptcy to set aside, as made to defraud creditors, conveyances made by the bankrupt before the bankruptcy. When an assignee in bankruptcy resorts to a state court to set aside a conveyance by the bankrupt as made to defraud creditors, and no question is raised there as to his power under the acts of Congress or as to the rights vested in him as assignee, the judgment of the state court is subject to review here in the same manner and to the same extent as Page 129 U. S. 507 proceedings of a similar character by a creditor to set aside conveyances in fraud of his rights by a debtor. The decision of the state court in this case as to what should be deeme...
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