Us Supreme Court Court December 1890 Judgments
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Bassett Vs. United States
Court: US Supreme Court
Decided on: Dec-22-1890
Bassett v. United States - 137 U.S. 496 (1890) U.S. Supreme Court Bassett v. United States, 137 U.S. 496 (1890) Bassett v. United States No. 110 Argued December 10, 1890 Decided December 22, 1890 137 U.S. 496 ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus The original bill of exceptions in this case, signed by the trial judge and also certified by the clerk of the trial court, was transmitted to the Supreme Court of the Territory of Utah, and was filed, together with the record of the case, in that court. Held, that its identification and authentication were perfect, and were sufficient to bring the questions raised by the record within the jurisdiction of this Court. The wife of a married man is not a competent witness in Utah against her husband on trial under an indictment for polygamy. On the 23d of November, 1886, the grand jury of the District Court for the First Judicial District of Utah Territory found an indictment for polygamy against the plainti...
In Re Pennsylvania Company
Court: US Supreme Court
Decided on: Dec-22-1890
In re Pennsylvania Company - 137 U.S. 451 (1890) U.S. Supreme Court In re Pennsylvania Company, 137 U.S. 451 (1890) In re Pennsylvania Company No. 7, Original Argued December 8, 1890 Decided December 22, 1890 137 U.S. 451 ORIGINAL Syllabus The power which this Court had before the passage of the Act of March 3, 1887, 24 Stat. 552, c. 373 (reenacted August 13, 1888, 25 Stat. 433, c. 866), to afford a remedy by mandamus when a cause, removed from a state court is improperly remanded to the state court, was taken away by those acts. Under the Act of March 3, 1887, 24 Stat. 552, c. 373, and the Act of August 13, 1888, 25 Stat. 433, c. 866, the matter in dispute in a case removed from a state court on the ground of prejudice or local influence must exceed the sum of two thousand dollars in order that the circuit court may take jurisdiction. Since the passage of those statutes, when a cause is removed from a state court on the ground of prejudice or local influence, the circuit ...
St. Paul, M. and M. Ry. Co. Vs. Phelps
Court: US Supreme Court
Decided on: Dec-22-1890
St. Paul, M. & M. Ry. Co. v. Phelps - 137 U.S. 528 (1890) U.S. Supreme Court St. Paul, M. & M. Ry. Co. v. Phelps, 137 U.S. 528 (1890) St. Paul, Minneapolis and Manitoba Railway Company v. Phelps No. 26 Argued and submitted November 6, 1890 Decided December 22, 1890 137 U.S. 528 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus The grant of lands to the Territory of Minnesota by the Act of March 3, 1857, 11 Stat. 195, c. 99, and the grant to the State of Minnesota by the Act of March 3, 1865, 13 Stat. 526, c. 105, were grants in praesenti, and took effect by relation upon the sections of land as of the date of the grant, when the railroads were definitely located, both as to so much of the grants as was found within the limits of the State of Minnesota as defined by the act admitting it as a state and as to so much thereof as was within the limits of the Territory of Minnesota under the territorial organization of 1857, but was not w...
New York Belting Co. Vs. New Jersey Car Spring Co.
Court: US Supreme Court
Decided on: Dec-22-1890
New York Belting Co. v. New Jersey Car Spring Co. - 137 U.S. 445 (1890) U.S. Supreme Court New York Belting Co. v. New Jersey Car Spring Co., 137 U.S. 445 (1890) New York Belting and Packing Company v. New Jersey Car Spring and Rubber Company No. 39 Argued October 23-24, 1890 Decided December 22, 1890 137 U.S. 445 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The first claim in letters patent No. 11,208, granted May 27, 1879, to the New York Belting and Packing Company for a new and useful design for rubber mats, viz.: "1. A design for a rubber mat, consisting of corrugations, depressions, or ridges in parallel lines, combined or arranged relatively, substantially as described, to produce variegated, kaleidoscopic, moire, stereoscopic, or similar effects, substantially as set forth," covers things which were then well known and were not new, and is therefore too broad to be sustained. Claims two and three in those let...
Ambler Vs. Eppinger
Court: US Supreme Court
Decided on: Dec-22-1890
Ambler v. Eppinger - 137 U.S. 480 (1890) U.S. Supreme Court Ambler v. Eppinger, 137 U.S. 480 (1890) Ambler v. Eppinger No. 1383 Submitted December 1, 1890 Decided December 22, 1890 137 U.S. 480 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus The provision in the Act of March 3, 1887, 24 Stat. c. 373, 1, pp. 552, 553, that no Circuit or district court shall "have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee or of any subsequent holder, if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover the said contents if no assignment or transfer had been made," does not apply to an action of trespass brought by an assignee of the claim to recover damages for cutting down and removing timber from the land of the assignor. The case, as ...
Wellford Vs. Snyder
Court: US Supreme Court
Decided on: Dec-22-1890
Wellford v. Snyder - 137 U.S. 521 (1890) U.S. Supreme Court Wellford v. Snyder, 137 U.S. 521 (1890) Wellford v. Snyder No. 105 Argued December 5, 8-9, 1890 Decided December 22, 1890 137 U.S. 521 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus A testator bequeathed to four daughters the sum of $20,000 apiece, to be invested in public securities and held in trust by his executors for his said daughters respectively, and the income, as it accrued, applied to their several use and benefit, and directed that "from and after the intermarriage of any of them," the executors should hold the securities "belonging to the said daughter so marrying in trust for the following purposes," namely, for the maintenance of her and her husband and the survivor of them for life, and after the death of both "for such issue as she may leave at the time of her death, and in case she shall die without leaving such issue," then for her surviving sisters and the issue of any deceas...
Robertson Vs. Oelschlaeger
Court: US Supreme Court
Decided on: Dec-22-1890
Robertson v. Oelschlaeger - 137 U.S. 436 (1890) U.S. Supreme Court Robertson v. Oelschlaeger, 137 U.S. 436 (1890) Robertson v. Oelschlaeger Nos. 86, 255 Argued November 20, 1890 Decided December 22, 1890 137 U.S. 436 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Philosophical apparatus and instruments, as referred to in Schedule N of the Tariff Act of March 3, 1883, 22 Stat. c. 121, 513, are such as are more commonly used for the purpose of making observations and discoveries in nature, and experiments for developing and exhibiting natural forces, and the conditions under which they can be called into activity, while implements for mechanical or professional use in the arts are such as are more usually employed in the trades and professions for performing the operations incidental thereto. Page 137 U. S. 437 Duties were assessed at 45 percent ad valorem and collected on a variety of articles imported into New York, it bei...
Hoffman Vs. Overbey
Court: US Supreme Court
Decided on: Dec-22-1890
Hoffman v. Overbey - 137 U.S. 465 (1890) U.S. Supreme Court Hoffman v. Overbey, 137 U.S. 465 (1890) Hoffman v. Overbey No. 99 Argued December 2, 1890 Decided December 22, 1890 137 U.S. 465 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA Syllabus A suit in equity to set aside a written compromise between a creditor and a debtor whereby the former, in consideration of the surrender by the latter of certain real property of much less value than his debt, and of his representation that he was unable to pay such debt in full, discharged the debtor absolutely. The ground of relief was the false and fraudulent representations of the debtor as to his financial condition, and the admissions of the debtor to the creditor, made more than twelve years after the compromise. These admissions constituted the principal evidence of the fraud charged. Held that the relief asked could not be granted, because such admissions were made after the debtor'...
Chicago, Milwaukee and St. Paul Ry. Co. Vs. Artery
Court: US Supreme Court
Decided on: Dec-22-1890
Chicago, Milwaukee & St. Paul Ry. Co. v. Artery - 137 U.S. 507 (1890) U.S. Supreme Court Chicago, Milwaukee & St. Paul Ry. Co. v. Artery, 137 U.S. 507 (1890) Chicago, Milwaukee and St. Paul Railway Company v. Artery No. 91 Argued November 20, 1890 Decided December 22, 1890 137 U.S. 507 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA Syllabus Section 1307 of the Code of Iowa of 1873 in regard to the liability of a railway corporation for damages to its employees in consequence of the neglect of their co-employees, in connection with the use and operation of the railway, construed. The decisions of the Supreme Court of Iowa as to the statute reviewed. An injury sustained by an employee while riding on a car propelled by hand power, through the negligence of a co-employee riding on the same car, is one sustained in connection with the use and operation of the railway within section 1307. If a witness is to be impeached, in consequence of hi...
Cadwalader Vs. Partridge
Court: US Supreme Court
Decided on: Dec-22-1890
Cadwalader v. Partridge - 137 U.S. 553 (1890) U.S. Supreme Court Cadwalader v. Partridge, 137 U.S. 553 (1890) Cadwalader v. Partridge No. 311 Submitted November 25, 1890 Decided December 22, 1890 137 U.S. 553 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Merritt v. Cameron, ante, 137 U. S. 542 , affirmed and followed. A change in the ruling of the Treasury Department whereby merchandise in bond, such as is involved in this case, is held dutiable at a greatly reduced rate is of no aid to an importer who has not protested against the previous ruling. This was an action against the collector of the port of Philadelphia to recover duties alleged to have been illegally exacted. Judgment for the plaintiffs, to review which the defendant sued out this writ of error. The case is stated in the opinion. MR. JUSTICE LAMAR delivered the opinion of the Court. This was an action at law by Artemus Partridge and Thomas D. Richardson...
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