Us Supreme Court Court January 1892 Judgments
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Dunwoody Vs. United States
Court: US Supreme Court
Decided on: Jan-28-1892
Dunwoody v. United States - 143 U.S. 578 (1892) U.S. Supreme Court Dunwoody v. United States, 143 U.S. 578 (1892) Dunwoody v. United States No. 156 Argued January 14-15, 1892 Decided January 28, 1892 143 U.S. 578 APPEAL FROM THE COURT OF CLAIMS Syllabus The National Board of Health had no authority to incur any liability upon the part of the government for salaries or other expenses in excess of the amounts appropriated by Congress for such purposes, and the plaintiff in error did not perform services as a member of that board, or as its chief clerk, or its Secretary, or as a disbursing agent of the Treasury Department under any implied contract that he should be compensated otherwise than out of the moneys specifically appropriated to meet the expenses incurred by the board in the performance of the duties imposed upon it. United States v. Langston, 118 U. S. 389 , distinguished from this case. Page 143 U. S. 579 The Court stated the case as follows: March 3, 1879. A...
Bird Vs. Benlisa
Court: US Supreme Court
Decided on: Jan-28-1892
Bird v. Benlisa - 142 U.S. 664 (1892) U.S. Supreme Court Bird v. Benlisa, 142 U.S. 664 (1892) Bird v. Benlisa No. 139 Argued January 6, 1892 Decided January 28, 1892 142 U.S. 664 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus When land in Florida assessed for taxation is not assessed to the owner or occupant, or to an unknown owner, and also by an official or accurate description sufficient to impart notice to the owner, the title of the purchaser at a sale made for nonpayment of the tax so assessed is not protected by the provision in the statutes of Florida limiting the right of action of the former owner to recover the possession of the lands sold to one year after the recording of the tax deed, but the sale and the deed are nullities within the decisions of the Supreme Court of Florida. Page 142 U. S. 665 This was an action of ejectment brought in the Circuit Court of Orange County, Florida, on May 25, 1887. The action wa...
Clark Vs. Sidway
Court: US Supreme Court
Decided on: Jan-26-1892
Clark v. Sidway - 142 U.S. 682 (1892) U.S. Supreme Court Clark v. Sidway, 142 U.S. 682 (1892) Clark v. Sidway No. 140 Argued January 7, 1892 Decided January 26, 1892 142 U.S. 682 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Persons who jointly purchase land to hold it for a rise in value are not partners, but are tenants in common, and either party can sue the other at law for reimbursement of allowances made by him on the joint account without there having first been a final settlement and the striking of a balance. In considering the amount necessary for the jurisdiction of this Court on a writ of error, not only is the amount of the judgment against the plaintiff in error to be regarded, but, in addition, the amount of a counterclaim which he would have recovered if his contention setting it up had been sustained. It was held that the plaintiff in error had no right to complain of the action of the court below in allowi...
Hedden Vs. Iselin
Court: US Supreme Court
Decided on: Jan-26-1892
Hedden v. Iselin - 142 U.S. 676 (1892) U.S. Supreme Court Hedden v. Iselin, 142 U.S. 676 (1892) Hedden v. Iselin No. 144 Argued January 7, 1892 Decided January 26, 1892 142 U.S. 676 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus In a suit to recover back customs duties paid under protest, where the only question tried was whether, in reappraisement proceedings, the importer was denied rights secured to him by law, held: (1) It was proper to admit in evidence a protest filed by the importer with the reappraisers, as a paper showing what rights the importer claimed, and especially his claim that the merchant appraiser was not qualified. (2) A motion to directs verdict for the defendant was properly denied, the court having ruled in accordance with the decision of this Court in Auffmordt v. Hedden, 137 U. S. 310 , and having instructed the jury fully and properly, and there being no exception to the charge, and a question p...
Convers Vs. Atchison, T. and S.F. R. Co.
Court: US Supreme Court
Decided on: Jan-26-1892
Convers v. Atchison, T. & S.F. R. Co. - 142 U.S. 671 (1892) U.S. Supreme Court Convers v. Atchison, T. & S.F. R. Co., 142 U.S. 671 (1892) Convers v. Atchison, Topeka and Santa Fe Railroad Company No. 154 Argued January 11, 1892 Decided January 26, 1892 142 U.S. 671 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus When a railroad company initiates proceedings in Illinois to acquire land for its road, and a defendant appears and claims ownership of the tract, and no denial is made to this claim, and only evidence as to the amount of compensation is presented for the consideration of the jury, and the jury awards a sum as such amount, the judgment should either direct the payment of this sum to such owner or the deposit of the same with the county treasurer for his benefit. The Court stated the case as follows: On June 7 and 10, 1887, respectively, the Atchison, Topeka and Santa Fe Railroad Company in Chicago, the defenda...
Home Benefit Association Vs. Sargent
Court: US Supreme Court
Decided on: Jan-26-1892
Home Benefit Association v. Sargent - 142 U.S. 691 (1892) U.S. Supreme Court Home Benefit Association v. Sargent, 142 U.S. 691 (1892) Home Benefit Association v. Sargent No. 155 Argued January 12, 1892 Decided January 26, 1892 142 U.S. 691 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A policy of life insurance provided as a condition, that death of the assured "by his own hand or act, whether voluntary or involuntary, sane or insane at the time" was a risk .not assumed by the insurer. A suit to recover the amount of the policy was tried on the theory on both sides that death from a shot from a pistol fired by accident by the assured was covered by the policy. Held: (1) Evidence drawn out on the cross-examination of a witness which has a bearing on the testimony given by him on his direct examination is competent, especially where it relates to a part of the same conversation. (2) An inquiry as to what conversation was had...
Nishimura Ekiu Vs. United States
Court: US Supreme Court
Decided on: Jan-18-1892
Nishimura Ekiu v. United States - 142 U.S. 651 (1892) U.S. Supreme Court Nishimura Ekiu v. United States, 142 U.S. 651 (1892) Nishimura Ekiu v. United States No. 1393 Argued and submitted December 16, 1891 Decided January 18, 1892 142 U.S. 651 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus The Act of March 3, 1591, c. 551, forbidding certain classes of alien immigrants to land in the United States, is constitutional and valid. Upon a writ of habeas corpus, if sufficient ground for the prisoner's detention by the government is shown, he is not to be discharged for defects in the original arrest or commitment. Page 142 U. S. 652 Inspectors of immigration under the Act of March 3, 1891, c. 551, are to be appointed by the Secretary of the Treasury. The decision of an inspector of immigration, within the authority conferred upon him by the Act of March 3, 1891, c. 651, that an alien immigrant shall not be permitted to land...
Petri Vs. Commercial National Bank of Chicago
Court: US Supreme Court
Decided on: Jan-18-1892
Petri v. Commercial National Bank of Chicago - 142 U.S. 644 (1892) U.S. Supreme Court Petri v. Commercial National Bank of Chicago, 142 U.S. 644 (1892) Petri v. Commercial National Bank of Chicago No. 1071 Submitted January 4, 1892 Decided January 18, 1892 142 U.S. 644 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus A national bank located in one state, may bring suit against a citizen of another state in the circuit court of the United States for the district wherein the defendant resides by reason alone of diverse citizenship. The Court stated the case as follows: The Commercial National Bank of Chicago, a national banking association duly organized under the laws of the United States in that behalf and located in Illinois, brought suit, May 6, 1890, in the Circuit Court of the United States for the Northern District of Texas against A. C. Petri and Oswald Petri, citizens of the State of Texas, and doing business in that state...
Louisville Water Co. Vs. Clark
Court: US Supreme Court
Decided on: Jan-18-1892
Louisville Water Co. v. Clark - 143 U.S. 1 (1892) U.S. Supreme Court Louisville Water Co. v. Clark, 143 U.S. 1 (1892) Louisville Water Company v. Clark No. 1024 Argued November 23-24, 1891 Decided January 18, 1892 143 U.S. 1 ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY Syllabus The immunity from taxation conferred upon the Louisville Water Company by the Legislature of Kentucky by the Act of April 22, 1882, 1 Sess. acts, 1882, 915, was withdrawn by the General Revenue Act of May 17, 1886, Gen.Stats. 188$, c. 92. The immunity from taxation granted to the company by the said act of 1882 was accompanied by the condition expressed in the Act of February 14, 1856, 2 Rev.Stats.Ky. 121, and made part of every subsequent statute, when not otherwise expressly declared, that by amendment or repeal of the former act such immunity could be withdrawn. The withdrawal of the exemption from taxation conferred upon the company by the act of 1882 put an end to the obligation, imp...
United States Vs. Alabama Great Southern R. Co.
Court: US Supreme Court
Decided on: Jan-18-1892
United States v. Alabama Great Southern R. Co. - 142 U.S. 615 (1892) U.S. Supreme Court United States v. Alabama Great Southern R. Co., 142 U.S. 615 (1892) United States v. Alabama Great Southern Railroad Company No. 749 Submitted January 8, 1892 Decided January 18, 1892 142 U.S. 615 APPEAL FROM THE COURT OF CLAIMS Syllabus When the Executive Department charged with the execution of a statute gives a construction to it and acts upon that construction for a series of years, the Court looks with disfavor upon a change whereby parties who have contracted with the government on the faith of the old construction may be injured, especially when it is attempted to make the change retroactive and to require from the contractor repayment of moneys paid to him under the former construction. The postal appropriation Act of July 12, 1876, c. 179, fixed a rate of pay to railroads for carrying the mails, and provided that roads constructed in whole or in part by a land grant, conditioned...
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