Us Supreme Court Court April 1892 Judgments
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United States Vs. Eaton
Court: US Supreme Court
Decided on: Apr-25-1892
United States v. Eaton - 144 U.S. 677 (1892) U.S. Supreme Court United States v. Eaton, 144 U.S. 677 (1892) United States v. Eaton No. 291 Submitted April 12, 1892 Decided April 25, 1892 144 U.S. 677 CERTIFICATE OF DIVISION IN OPINION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS Syllabus A regulation made August 25, 1886, by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, under 20 of Page 144 U. S. 678 the Act of August 2, 1886, c. 840, 24 Stat. 209, in relation to oleomargarine, required wholesale dealers therein to keep a book, and make a monthly return, showing certain prescribed matters. A wholesale dealer in the article who fails to comply with such regulation is not liable to the penalty imposed by 18 of the act, because he does not omit or fail to do a thing required by law in the carrying on or conducting of his business. There are no common law offenses against the United States. It is...
Lewis Vs. Barnhart
Court: US Supreme Court
Decided on: Apr-25-1892
Lewis v. Barnhart - 145 U.S. 56 (1892) U.S. Supreme Court Lewis v. Barnhart, 145 U.S. 56 (1892) Lewis v. Barnhart No. 1211 Submitted November 3, 1891 Decided April 25, 1892 145 U.S. 56 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus In 1838, R. L., a resident of Ohio, received a patent from the United States of public lands in Illinois. In 1842, he made his will in Ohio, where he continued to reside until his death in 1843. After disposing of other property, he devised his Illinois lands and bequeathed the remainder of his personal estate to his wife, J. N. L., and to the heirs of her body, to be equally divided between them, share and share alike, and he appointed her sole executrix of the will. He left no issue surviving him, although he had had children, but he left brothers and the issue of deceased brothers. His will was duly proved in Ohio, and the widow, who elected to take under it, qualified as executrix in 1843. In 18...
Oregon Ry. and Nav. Co. Vs. Oregonian Ry. Co.
Court: US Supreme Court
Decided on: Apr-25-1892
Oregon Ry. & Nav. Co. v. Oregonian Ry. Co. - 145 U.S. 52 (1892) U.S. Supreme Court Oregon Ry. & Nav. Co. v. Oregonian Ry. Co., 145 U.S. 52 (1892) Oregon Railway and Navigation Company v. Oregonian Railway Company No. 335 Submitted April 20, 1892 Decided April 25, 1892 145 U.S. 52 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus For reasons stated in the motion, the court grants a motion to submit this case, when reached in regular call, without printing the record. Page 145 U. S. 53 The judgment below is reversed upon the authority of The Oregon Railway and Navigation Company v. The Oregonian Railway Company, Limited, 130 U. S. 1 . On the 14th day of December, at the present term, the following motion, entitled in this case, and the accompanying statement were submitted by Mr. Dolph, of counsel for the plaintiff in error, together with the further statement by Mr. Edmunds as amicus curiae, Mr. Edmunds being also the attorney of re...
Underwood Vs. Metropolitan Nat'l Bank
Court: US Supreme Court
Decided on: Apr-25-1892
Underwood v. Metropolitan Nat'l Bank - 144 U.S. 669 (1892) U.S. Supreme Court Underwood v. Metropolitan Nat'l Bank, 144 U.S. 669 (1892) Underwood v. Metropolitan National Bank No. 270 Argued and submitted April 4, 1892 Decided April 25, 1892 144 U.S. 669 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus M. gave to a bank a mortgage on land owned by him to secure paper which the bank might discount. Among the paper so discounted was a note made by J., which M. had discounted, and which J. paid to the bank. The note had been given for a certificate of deposit which J. afterwards endorsed, and subsequently paid. J. claimed subrogation under the mortgage to the rights of the bank as respected the certificate of deposit. Held that the claim could not be allowed; that the payment of the note to the bank by J. discharged the mortgage, so far as it was a security for the note, and that the certificate of deposit was not secured by th...
Sessions Vs. Romadka
Court: US Supreme Court
Decided on: Apr-25-1892
Sessions v. Romadka - 145 U.S. 29 (1892) U.S. Supreme Court Sessions v. Romadka, 145 U.S. 29 (1892) Sessions v. Romadka Nos. 262, 263 Argued March 30-31, 1892 Decided April 25, 1892 145 U.S. 29 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN Syllabus An assignee in bankruptcy is not bound to accept the title to a patent for an invention, vested in the bankrupt at the time of the bankruptcy if in his opinion it is worthless, or may prove to be burdensome and unprofitable; and his neglect for a year, during which he winds up the estate, to assume the ownership of such property, and his statement to a person desiring to purchase it that he has no power to do anything with it and that the bankrupt is the only one who can give title, are convincing proof of an election not to accept it. It does not lie in the mouth of an alleged infringer of a patent to set up the right of an assignee in bankruptcy to the patent as against a title acqui...
Kendall Vs. San Juan Silver Mining Co.
Court: US Supreme Court
Decided on: Apr-25-1892
Kendall v. San Juan Silver Mining Co. - 144 U.S. 658 (1892) U.S. Supreme Court Kendall v. San Juan Silver Mining Co., 144 U.S. 658 (1892) Kendall v. San Juan Silver Mining Company No. 294 Submitted April 13, 1892 Decided April 25, 1892 144 U.S. 658 ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO Syllabus Intrusion upon and location of a mining claim within the territory set apart by the treaty proclaimed November 4, 1868, for the exclusive use and occupancy of the confederated bands of Ute Indians was forbidden thereby, and was inoperative to confer any rights upon the plaintiffs. Location of the same premises by others after extinguishment of the Indian title and prior to relocation of the former prohibited claim gave the right of possession. The failure of the plaintiffs to record their location after extinguishment of such Indian title within the period prescribed by the laws of Colorado, Page 144 U. S. 659 and until long after the premises had been properly locat...
St. Joseph and St. Louis R. Co. Vs. Humphreys
Court: US Supreme Court
Decided on: Apr-25-1892
St. Joseph & St. Louis R. Co. v. Humphreys - 145 U.S. 105 (1892) U.S. Supreme Court St. Joseph & St. Louis R. Co. v. Humphreys, 145 U.S. 105 (1892) St. Joseph and St. Louis Railroad Company v. Humphreys No. 287 Argued and submitted April 12, 1892 Decided April 25, 1892 145 U.S. 105 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus Following Quincy, Missouri & Pacific Railroad Co. v. Humphreys, ante, 145 U. S. 82 , it is, with regard to the lease of the St. Joseph and St. Louis Railroad Company by the Wabash Company, now held: (1) That, the circumstances in the latter case being similar to those in the former, the receivers were entitled to a reasonable time to ascertain the situation of the leased railroad before they could be held to have assumed the lease. (2) That the time taken by them in deciding not to assume it was a reasonable time. (3) That the course pursued by the court below towards the various independent ro...
Roberts Vs. Lewis
Court: US Supreme Court
Decided on: Apr-25-1892
Roberts v. Lewis - 144 U.S. 653 (1892) U.S. Supreme Court Roberts v. Lewis, 144 U.S. 653 (1892) Roberts v. Lewis No. 285 Argued April 12, 1892 Decided April 25, 1892 144 U.S. 653 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus Under Rev.Stat. 914, and according to the Code of Civil Procedure of the State of Nebraska, if the petition in an action at law in the circuit court of the United States held within that state alleges the requisite citizenship of the parties, and the answer denies each and every allegation in the petition, such citizenship is put in issue, and, if no proof or finding thereof appears of record, the judgment must be reversed for want of jurisdiction. In this action, brought June 11, 1887, by Lewis against Roberts in the Circuit Court of the United States for the District of Nebraska, the petition was as follows: "Comes now the said plaintiff, and shows and represents unto this honorable court that he is a residen...
Gregory Vs. Boston Safe Deposit and Trust Co.
Court: US Supreme Court
Decided on: Apr-25-1892
Gregory v. Boston Safe Deposit & Trust Co. - 144 U.S. 665 (1892) U.S. Supreme Court Gregory v. Boston Safe Deposit & Trust Co., 144 U.S. 665 (1892) Gregory v. Boston Safe Deposit and Trust Company No. 292 Argued April 12, 13, 1892 Decided April 25, 1892 144 U.S. 665 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS Syllabus Money, the proceeds of a note, was deposited to the credit of a suit in equity in a circuit court, in a Safe Deposit Company. G. brought another Page 144 U. S. 666 suit in equity in the same court against the company and P. to obtain a decree declaring him to be entitled to the money. The Circuit Court dismissed the bill on the ground that the question ought to be adjudicated in the first named suit, but did not decree that the dismissal was without prejudice to the right of G. to make his claim in that suit. This Court, on appeal by G., modified the decree to that effect, but gave the costs of this Court to t...
Quincy, Missouri and Pacific R. Co. Vs. Humphreys
Court: US Supreme Court
Decided on: Apr-25-1892
Quincy, Missouri & Pacific R. Co. v. Humphreys - 145 U.S. 82 (1892) U.S. Supreme Court Quincy, Missouri & Pacific R. Co. v. Humphreys, 145 U.S. 82 (1892) Quincy, Missouri and Pacific Railroad Company v. Humphreys No. 223 Argued March 23, 1892 Decided April 25, 1892 145 U.S. 82 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus A receiver appointed by order of a court of chancery is obliged to take possession of a leasehold estate if it lie included within the order of the court, but he does not thereby become the assignee of the term, or liable for the rent, but holds the property as the hand of the court, and is entitled to a reasonable time to ascertain its value before he can be held to have accepted it as lessee. The Wabash Company controlled 3,600 miles of road, made up by the consolidation and leasing of many different railroads, upon nearly every one of which there existed one or more mortgages. Among them was the Quincy...
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