Us Supreme Court Court December 1893 Judgments
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Ward Vs. Cochran
Court: US Supreme Court
Decided on: Dec-18-1893
Ward v. Cochran - 150 U.S. 597 (1893) U.S. Supreme Court Ward v. Cochran, 150 U.S. 597 (1893) Ward v. Cochran No. 110 Argued and submitted November 23-24, 1893 Decided December 18, 1893 150 U.S. 597 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus An express order of court during the judgment term continuing a cause for the purpose of settling, allowing, signing, and filing a bill of exceptions, and the settlement and allowance and filing of the bill, during the terms to which the continuance was made, takes the exceptions out of the operation of the general rule that the power to reduce exceptions to form and have them signed and filed is, under ordinary circumstances, confined to the term at which the judgment is rendered. A bill of exceptions which, insofar as it relates to the charge, specifies with distinctness the parts excepted to, and the legal propositions to which exceptions are taken, is sufficient. A defendant in ejectment ...
Hammond Vs. Connecticut Mut. Life Ins. Co.
Court: US Supreme Court
Decided on: Dec-18-1893
Hammond v. Connecticut Mut. Life Ins. Co. - 150 U.S. 633 (1893) U.S. Supreme Court Hammond v. Connecticut Mut. Life Ins. Co., 150 U.S. 633 (1893) Hammond v. Connecticut Mutual Life Insurance Company Nos. 937, 938 Submitted December 11, 1893 Decided December 18, 1893 150 U.S. 633 ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus The Court follows Hammond v. Johnston, 142 U. S. 73 , on a substantially similar state of facts, and holds that the ruling of the state court was broad enough to maintain the judgment, without considering the federal question. Motion to dismiss. By stipulation of counsel in No. 938, both cases were heard on the printed record in No. 937, it being agreed that for all purposes of trial . . . , the records in both cases are identical. The Supreme Court of Missouri, in its opinion in that case, said: "The facts of the case, so far as they are material to the questions raised in this court, are these:" "Joseph Hunot claimed a head-right,...
Giles Vs. Heysinger
Court: US Supreme Court
Decided on: Dec-18-1893
Giles v. Heysinger - 150 U.S. 627 (1893) U.S. Supreme Court Giles v. Heysinger, 150 U.S. 627 (1893) Giles v. Heysinger No. 152 Argued December 7, 1893 Decided December 18, 1893 150 U.S. 627 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus When, in a suit in equity for the infringement of letters patent, the court below makes an interlocutory decree in plaintiff's favor, and then entertains a motion for a rehearing and receives affidavits in support of it, and denies the motion, this Court does not feel itself at liberty to consider those affidavits. The first claim in letters patent No. 218,300, issued August 5, 1879, to William Mills and Christian H. Hershey, for an improvement in haircrimpers, viz.: "A hair-crimper consisting of a nonelastic metal core C, and braided covering A, said covering A being cemented to said core C throughout its entire length, substantially as described," is void for want of novelty. This was...
Belden Vs. Chase
Court: US Supreme Court
Decided on: Dec-18-1893
Belden v. Chase - 150 U.S. 674 (1893) U.S. Supreme Court Belden v. Chase, 150 U.S. 674 (1893) Belden v. Chase No. 66 Argued November 3, 1893 Decided December 18, 1893 150 U.S. 674 ERROR TO THE COURT OF APPEALS OF THE STATE OF NEW YORK Syllabus This Court has jurisdiction to review the judgment of the highest court of a state in an action at common law to recover damages caused by the collision of two steamers navigating inland waters over which the United States have admiralty jurisdiction, when that judgment denies rights claimed by the plaintiff in error under rules established by statutes of the United States for preventing collisions, or rights regarding the application of such rules. The appellate jurisdiction of this Court over questions national and international in their nature, arising in an action for a maritime tort committed upon navigable waters and within admiralty jurisdiction, cannot be restrained by the mere fact that the party plaintiff has elected to pur...
Horn Vs. Detroit Dry Dock Co.
Court: US Supreme Court
Decided on: Dec-18-1893
Horn v. Detroit Dry Dock Co. - 150 U.S. 610 (1893) U.S. Supreme Court Horn v. Detroit Dry Dock Co., 150 U.S. 610 (1893) Horn v. Detroit Dry Dock Company No. 129 Argued December 5, 1893 Decided December 18, 1893 150 U.S. 610 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus In chancery proceedings in the federal courts, when a plea in bar meets and satisfies all the claims of the bill and it is sustained, it will, under Page 150 U. S. 611 Equity Rule 33, avail the defendant so far as to require a final decree in his favor. In this case, the proofs taken fully and clearly establish the truth of the matters set up and alleged in the defendants' plea, including the complainant's receipt in full satisfaction of all claims. While it is true that a receipt is open to explanation by parol proof to show what its real consideration was, the issue to that effect must be raised by the pleadings, and mast have been taken in the court be...
In Re Hohorst
Court: US Supreme Court
Decided on: Dec-18-1893
In re Hohorst - 150 U.S. 653 (1893) U.S. Supreme Court In re Hohorst, 150 U.S. 653 (1893) In re Hohorst No. 7, Original Argued November 14, 1893 Decided December 18, 1893 150 U.S. 653 ORIGINAL Syllabus In the Act of March 3, 1887, c. 373, 1, as corrected by the Act of August 13, 1885, c. 866, giving the circuit courts of the United States original jurisdiction, "concurrent with the courts of the several states," of all suits of a civil nature in which the matter in dispute exceeds $2,000 in amount or value "arising under the Constitution or laws of the United States" or in which there is "a controversy between citizens of a state and foreign states, citizens or subjects," the provision that "no civil suit shall be brought against any person by any original process or proceeding in any other district than that whereof he is an inhabitant" is inapplicable to an alien or a foreign corporation sued here, and especially in a suit for the infringement of a patent right, and such ...
In Re Swan
Court: US Supreme Court
Decided on: Dec-18-1893
In re Swan - 150 U.S. 637 (1893) U.S. Supreme Court In re Swan, 150 U.S. 637 (1893) In re Swan No. 10. Original Argued November 20, 1893 Decided December 18, 1893 150 U.S. 637 ORIGINAL Syllabus A writ of habeas corpus cannot be used to perform the office of a writ of error or appeal. When a person is imprisoned under a judgment of a circuit court which had no jurisdiction of the person or of the subject matter or authority to render the judgment, and no writ of error or appeal will lie, then relief may be accorded by writ of habeas corpus. S., claiming to act as a constable in the State of South Carolina and to act under the statute of that state touching intoxicating liquors known as the Dispensary Act, seized without warrant and carried away a cask of liquor which had been brought into the state by a receiver operating a railroad under authority of the circuit court of the United States for that district, and was held by him as an officer of that court, awaiting its deli...
Lehigh Zinc and Iron Co. Vs. Bamford
Court: US Supreme Court
Decided on: Dec-18-1893
Lehigh Zinc & Iron Co. v. Bamford - 150 U.S. 665 (1893) U.S. Supreme Court Lehigh Zinc & Iron Co. v. Bamford, 150 U.S. 665 (1893) Lehigh Zinc and Iron Company v. Bamford No. 8 Argued October 20, 1893 Decided December 18, 1893 150 U.S. 665 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The owners of a mine leased it to parties who agreed to pay certain royalties upon its products. The lease contained a further provision that "in case the royalty due and payable to the parties of the first part according to the above rates shall in any year fall below the sum of one thousand dollars, then the party of the second part shall pay to the parties of the first part such additional sum of money as shall make the royalty for such year amount to the sum of one thousand dollars, which sum shall be held and taken to be the royalty for that year, provided always that if sufficient ores cannot be found to yield said minimum paymen...
ide Vs. United States
Court: US Supreme Court
Decided on: Dec-11-1893
Ide v. United States - 150 U.S. 517 (1893) U.S. Supreme Court Ide v. United States, 150 U.S. 517 (1893) Ide v. United States No. 155 Argued and submitted December 8, 1893 Decided December 11, 1893 150 U.S. 517 APPEAL FROM THE COURT OF CLAIMS Syllabus The proceedings of a court-martial held upon a captain of infantry in the Army of the United States, which resulted in a judgment of dismissal from the service, having been transmitted to the Secretary of War "for the action of the President of the United States," the Secretary endorsed upon them that, "in conformity with the sixty-fifth of the rules and articles of war, the proceedings of the general court-martial in the foregoing cause . . . have been forwarded to the Secretary of War for the action of the President of the United States, and the proceedings, findings, and sentence are approved, and the sentence will he duly executed," and signed the endorsement officially as Secretary of War. Held, on the authority of Uni...
Mullett's Administratrix Vs. United States
Court: US Supreme Court
Decided on: Dec-11-1893
Mullett's Administratrix v. United States - 150 U.S. 566 (1893) U.S. Supreme Court Mullett's Administratrix v. United States, 150 U.S. 566 (1893) Mullett's Administratrix v. United States No. 121 Argued November 28, 1893 Decided December 11, 1893 150 U.S. 566 APPEAL FROM THE COURT OF CLAIMS Syllabus The Supervising Architect of the Treasury is not entitled to extra compensation, above his salary, for planning and supervising the erection of a department building in Washington occupied by other departments of the government. In this case, the delay in bringing suit leads to the conclusion that the architect recognized the work for which he sued as within the scope of his regular duties. On May 4, 1889, Alfred B. Mullett filed his petition in the Court of Claims, seeking to recover for services as an architect rendered in the year 1871 in preparing designs for the building now occupied by the State, War, and Navy Departments, and working drawings for the construction of the ...
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