Us Supreme Court Court October 1893 Judgments
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Bushnell Vs. Crooke Mining and Smelting Co.
Court: US Supreme Court
Decided on: Oct-30-1893
Bushnell v. Crooke Mining & Smelting Co. - 150 U.S. 82 (1893) U.S. Supreme Court Bushnell v. Crooke Mining & Smelting Co., 150 U.S. 82 (1893) Bushnell v. Crooke Mining and Smelting Company No. 195 of October Term, 1892 Submitted October 23, 1893 Decided October 30, 1893 150 U.S. 82 ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO Syllabus An application for a rehearing cannot be entertained when presented after the expiration of the term at which the judgment was rendered. This was an application for leave to file a petition for a rehearing of a case decided at October term, 1892. The petition was supported by the following affidavit, entitled in the cause. "A. R. Bushnell being duly sworn on oath, says that he is attorney for himself and co-plaintiffs in error in the above entitled cause, and had exclusive charge of the conduct of the same in said Court; that the decision therein, dismissing the writ for want of jurisdiction, was rendered April 17, 1893, and immediate...
United States Vs. Baird
Court: US Supreme Court
Decided on: Oct-30-1893
United States v. Baird - 150 U.S. 54 (1893) U.S. Supreme Court United States v. Baird, 150 U.S. 54 (1893) United States v. Baird No. 963 Submitted October 20, 1893 Decided October 30, 1893 150 U.S. 54 APPEAL FROM THE COURT OF CLAIMS Syllabus A marshal of the United States is not entitled to commissions on disbursements for the support of a penitentiary made under Rev.Stat. 1892. This was a petition by the marshal of the United States for the Territory of Idaho for fees earned in executing warrants of commitment of certain prisoners to the penitentiary at Boise City, and also for commissions upon disbursements for Page 150 U. S. 55 the support of such penitentiary. In connection with the latter claim, the court made the following findings of fact: "IV. He also, as such marshal, disbursed the sum of fifty-four thousand four hundred and twenty dollars and fifteen cents ($54,420.15), funds of the United States, for the use of the penitentiary of said territory. For such pen...
Gordon Vs. Warder
Court: US Supreme Court
Decided on: Oct-30-1893
Gordon v. Warder - 150 U.S. 47 (1893) U.S. Supreme Court Gordon v. Warder, 150 U.S. 47 (1893) Gordon v. Warder Nos. 34-37 Argued October 16-17, 1893 Decided October 30, 1893 150 U.S. 47 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO Syllabus The first claim in letters patent No. 77,878, granted May 11, 1868, to James F. Gordon, was a claim "for a binding arm capable of adjustment in the direction of the length of the grain, in combination with an automatic twisting device, substantially as and for the purposes described," and it was not infringed by the devices used by the defendants for attaining the common purpose of securing the stalks of grain into bundles by passing around them a band at the middle of the stalks. These four bills in equity, for the alleged infringement of the same letters patent by different parties, were argued together here. In each the bill was dismissed below, from which decree the complainant appealed in e...
Holder Vs. United States
Court: US Supreme Court
Decided on: Oct-30-1893
Holder v. United States - 150 U.S. 91 (1893) U.S. Supreme Court Holder v. United States, 150 U.S. 91 (1893) Holder v. United States No. 826 Submitted October 20, 1893 Decided October 30, 1893 150 U.S. 91 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS Syllabus The question of excluding a witness pending the testimony of other witnesses in a trial for murder is within the discretion of the trial court, but if a witness disobeys the order of withdrawal, he is not thereby disqualified, but may be proceeded against for contempt, and his testimony is open to comment to the jury by reason of his conduct. A general exception to a charge which does not direct the attention of the court to the particular portions of it to which objection is made raises no question for review. The denial of a motion for a new trial cannot be assigned for error. The case is stated in the opinion. MR. CHIEF JUSTICE FULLER delivered the opinion of the court. Hol...
Hall Vs. United States
Court: US Supreme Court
Decided on: Oct-30-1893
Hall v. United States - 150 U.S. 76 (1893) U.S. Supreme Court Hall v. United States, 150 U.S. 76 (1893) Hall v. United States No. 822. Submitted October 19, 1893 Decided October 30, 1893 150 U.S. 76 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS Syllabus Upon a trial for murder in Arkansas, on cross-examination of witnesses to the defendant's character, and by his own testimony to meet evidence that he had since fled to Mississippi, it appeared that he had killed a Negro in Mississippi two years before, and had since been tried and acquitted there. The district attorney, in his closing argument to the jury, said "we know, from reading the newspapers and magazines, that trials in the State of Mississippi of a white man for killing a negro are farces. The defendant came from Mississippi with his hands stained with the blood of a Negro." And he added other like expressions and declarations that the killing of a Negro in Mississippi, for ...
CorbIn Cabinet Lock Co. Vs. Eagle Lock Co.
Court: US Supreme Court
Decided on: Oct-30-1893
Corbin Cabinet Lock Co. v. Eagle Lock Co. - 150 U.S. 38 (1893) U.S. Supreme Court Corbin Cabinet Lock Co. v. Eagle Lock Co., 150 U.S. 38 (1893) Corbin Cabinet Lock Company v. Eagle Lock Company No. 42 Argued October 18-19, 1893 Decided October 30, 1893 150 U.S. 38 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CONNECTICUT Syllabus The first claim under the reissued letters patent No. 10,361, issued to Henry L. Spiegel, July 31, 1883, for improvements in cabinet locks, is void because it broadens and expands the claims in the original patent, and it does not appear that there was any accident, inadvertence, or mistake in the specification and claim of the original, or that it was void or inoperative for any reason which would entitle the patentee to have a reissue. When an applicant for letters patent makes a broad claim which is rejected, and he acquiesces in the decision and substitutes a narrower claim therefor, he cannot insist upon a constructio...
Collins Vs. United States
Court: US Supreme Court
Decided on: Oct-30-1893
Collins v. United States - 150 U.S. 62 (1893) U.S. Supreme Court Collins v. United States, 150 U.S. 62 (1893) Collins v. United States No. 821 Submitted October 19, 1893 Decided October 30, 1893 150 U.S. 62 ERROR FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS Syllabus On the trial of a person indicted for murder, it appeared that the deceased, in a drunken fit, assaulted the brother of the defendant, that the defendant, who was dancing, left the dance, went in search of his pistol, returned with it and shot the offender, and that after going away, he returned a few minutes later, put the pistol close to the head of the deceased and fired a second time. The court below instructed the jury, in substance, that if the defendant in a moment of passion, aroused by the wrongful treatment of his brother and without any previous preparation, did the shooting, the offense would be manslaughter, but if he prepared himself to kill, and had a previous p...
Schuyler National Bank Vs. Bollong
Court: US Supreme Court
Decided on: Oct-30-1893
Schuyler National Bank v. Bollong - 150 U.S. 85 (1893) U.S. Supreme Court Schuyler National Bank v. Bollong, 150 U.S. 85 (1893) Schuyler National Bank v. Bollong No. 518 Argued October 17, 1893 Decided October 30, 1893 150 U.S. 85 ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA Syllabus In order to maintain a writ of error against a judgment of the highest court of a state, it must appear that the judgment involved a decision against a right, title, privilege, or immunity claimed by the plaintiff in error under the Constitution or laws of the United States, which was specially set up or claimed in the state court at the proper time and in the proper way, and as the record in this case does not show such facts, the writ of error is dismissed without intimating any opinion upon the questions sought to be raised here. This was an action brought by Hector C. Bollong against the Schuyler National Bank, a corporation located and doing business in Colfax County, Nebraska, in ...
Moore Vs. United States
Court: US Supreme Court
Decided on: Oct-30-1893
Moore v. United States - 150 U.S. 57 (1893) U.S. Supreme Court Moore v. United States, 150 U.S. 57 (1893) Moore v. United States No. 789 Submitted October 20, 1893 Decided October 30, 1893 150 U.S. 57 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS Syllabus When the tendency of testimony offered in a criminal case is to throw light upon a particular fact, or to explain the conduct of a particular person, there is a certain discretion on the part of the trial judge which a court of errors will not interfere with unless it manifestly appears that the testimony has no legitimate bearing upon the question at issue and is calculated to prejudice the accused in the minds of the jurors. When a necessity arises for a resort to circumstantial evidence in a criminal trial, objections on the ground of relevancy are not favored, as the effect of circumstantial facts depends upon their connection with each other, and considerable latitude is allowed on...
Magone Vs. Heller
Court: US Supreme Court
Decided on: Oct-30-1893
Magone v. Heller - 150 U.S. 70 (1893) U.S. Supreme Court Magone v. Heller, 150 U.S. 70 (1893) Magone v. Heller No. 47 Argued October 19-20, 1893 Decided October 30, 1893 150 U.S. 70 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Under the Tariff Act of 1883, a kind of sulphate of potash, the only common use of which, either by itself or in combination with other materials, is as manure or in the manufacture of manure, is within the clause of the free list which exempts from duty "all substances expressly used for manure" and is not within the clause of "Schedule A. -- Chemical Products," which imposes a duty on "potash, sulphate of, twenty percentum ad valorem. " This was an action brought, after due process and other proceedings, by the members of a firm of importers against the collector of the port of New York to recover back duties assessed and levied by the collector under the Tariff Act of March 3, 1883, c. 121, upon ...
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