Us Supreme Court Court March 1893 Judgments
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Wasatch Mining Co. Vs. Crescent Mining Co.
Court: US Supreme Court
Decided on: Mar-27-1893
Wasatch Mining Co. v. Crescent Mining Co. - 148 U.S. 293 (1893) U.S. Supreme Court Wasatch Mining Co. v. Crescent Mining Co., 148 U.S. 293 (1893) Wasatch Mining Company v. Crescent Mining Company No. 135 Argued March 13, 1893 Decided March 27, 1893 148 U.S. 293 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus The plaintiff below contracted to buy of defendant and the defendant agreed to sell to plaintiff, for a valuable consideration, several pieces or parcels of land. In pursuance of said contract, a deed was made by the defendant to the plaintiff wherein and whereby, by mistake and inadvertence in describing the property conveyed, there was omitted therefrom an important part of the property contracted to be sold. The purchase price was a round sum for all the tracts, and was paid. Held that a case for a reformation of the deed was clearly made out unless, indeed, the defendant should be able to show some good reason why such admitted or established facts...
Ankeny Vs. Clark
Court: US Supreme Court
Decided on: Mar-27-1893
Ankeny v. Clark - 148 U.S. 345 (1893) U.S. Supreme Court Ankeny v. Clark, 148 U.S. 345 (1893) Ankeny v. Clark No. 64 Argued December 21-22, 1892 Decided March 27, 1893 148 U.S. 345 ERROR TO THE SUPREME COURT OF THE TERRITORY OF WASHINGTON Syllabus When one party to a special contract not under seal refuses to perform his side of the contract or disables himself from performing it by his own act, the other party has thereupon a right to elect to rescind it, and may, on doing so, immediately sue on a quantum meruit for anything he had done under it previously to the rescission. This doctrine was supported by the Supreme Court of the Territory of Washington in this case, and is now sustained by this Court notwithstanding the decision of the Supreme Court of the State of Washington in Distler v. Dabney, 23 N.W. 335, construing the code of that state adversely to it. Stutsman County v. Wallace, 142 U. S. 293 , explained and distinguished from this case. Judgments of ter...
Monongahela Nav. Co. Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1893
Monongahela Nav. Co. v. United States - 148 U.S. 312 (1893) U.S. Supreme Court Monongahela Nav. Co. v. United States, 148 U.S. 312 (1893) Monongahela Navigation Company v. United States No. 722 Argued October 25-26, 1892 Decided March 27, 1893 148 U.S. 312 APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus In the proceedings taken under the Act of August 11, 1588, 25 Stat. 400, 411, c. 860, to condemn lock and dam No. 7 of the Monongahela Navigation Company, that company is entitled under the provisions of the Fifth Amendment to the Constitution, to recover compensation from the United States for the taking of the franchise to exact tolls, as well as for the value of the tangible property taken. The assertion by Congress of its purpose to take the property which that company had constructed in the Monongahela River by authority of the State of Pennsylvania did not destroy the franchise granted to the company by...
Huber Vs. Nelson Manufacturing Co.
Court: US Supreme Court
Decided on: Mar-27-1893
Huber v. Nelson Manufacturing Co. - 148 U.S. 270 (1893) U.S. Supreme Court Huber v. Nelson Manufacturing Co., 148 U.S. 270 (1893) Huber v. Nelson Manufacturing Company No. 143 Argued March 16-17, 1893 Decided March 27, 1893 148 U.S. 270 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus Letters patent No. 260,232, granted June 27, 1882, to Henry Huber, as assignee of Stewart Peters and William Donald, of Glasgow, Scotland, for an "improvement in water closets," the patent expressing on its face that it was "subject to the limitation prescribed by 4887, Rev.Stat., by reason of English patent dated April 7, 1874, No. 1207," are void because the English patent had expired April 7, 1881. Reissued letters patent No. 10,86, granted to James E. Boyle, April 19, 1887, for an improvement in flushing apparatus for water closets, on the reissue of original patent No. 291,139, granted to Boyle January 1, 1884, the application for the reis...
Ogden Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1893
Ogden v. United States - 148 U.S. 390 (1893) U.S. Supreme Court Ogden v. United States, 148 U.S. 390 (1893) Ogden v. United States No. 1184 Submitted March 20, 1893 Decided March 27, 1893 148 U.S. 390 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus The appeal in this case from a decree of the circuit court in a suit against the United States brought under the Act of March 3, 1887, 24 Stat. 505, c. 359, not having been taken until August 9, 1892, is dismissed. The appellant brought this suit against the United States under the Act of March 3, 1887, 24 Stat. 505, c. 359. The amount claimed exceeded the sum necessary to give this Court jurisdiction on appeal. The bill was dismissed June 27, 1892. The application for appeal was made August 9, 1892. On behalf of the appellee, the following motion was made: "And now, March 20, 1893, comes the Solicitor General, on behalf of the appellee, and moves the Court to dismiss the appeal...
Cameron Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1893
Cameron v. United States - 148 U.S. 301 (1893) U.S. Supreme Court Cameron v. United States, 148 U.S. 301 (1893) Cameron v. United States No. 42 Argued November 14-15, 1892 Dismissed December 19, 1892 Reinstated February 6, 1893 Submitted March 6, 1893 Decided March 27, 1893 148 U.S. 301 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus A suit under the Act of February 25, 1885, 23 Stat. 321, c. 149, to prevent the unlawful occupancy of public lands, is a summary proceeding in the nature of a suit in equity, which may be tried by the court without the intervention of a jury, and is not governed by Rev.Stat. 649. The provisions of the said act of 1885 do not operate upon persons who have taken possession of land under a bona fide claim or color of title. Color of title exists wherever there is a reasonable doubt regarding the validity of an apparent title, whether such doubt arises from the circumstances under which the land is held, the identity of th...
Hohorst Vs. Hamburg-american Packet Co.
Court: US Supreme Court
Decided on: Mar-27-1893
Hohorst v. Hamburg-American Packet Co. - 148 U.S. 262 (1893) U.S. Supreme Court Hohorst v. Hamburg-American Packet Co., 148 U.S. 262 (1893) Hohorst v. Hamburg-American Packet Company No. 134 Argued March 13, 1893 Decided March 27, 1893 148 U.S. 262 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A bill pending in a circuit court of the United States against a foreign corporation and other defendants citizens of the United States for the infringement of letters patent was dismissed as to the foreign corporation, and, so far as appeared from the record in the appeal from the judgment of dismissal, was still pending and undetermined as to the codefendants. Held that the decree in favor of the corporation was not a final decree from which an appeal could be taken to this court, and that this appeal must be dismissed for want of jurisdiction. The case is stated in the opinion. MR. CHIEF JUSTICE FULLER delivered the opinion of...
American Constr. Co. Vs. Jacksonville Andc.; Co.
Court: US Supreme Court
Decided on: Mar-27-1893
American Constr. Co. v. Jacksonville &c.; Co. - 148 U.S. 372 (1893) U.S. Supreme Court American Constr. Co. v. Jacksonville &c.; Co., 148 U.S. 372 (1893) American Construction Company v. Jacksonville, Tampa & Key West Railway Company Nos. 14, 15, original Argued March 6-7, 1893 Decided March 27, 1893 148 U.S. 372 ORIGINAL Syllabus A writ of mandamus does not lie to the United States circuit court of appeals to review, or to the circuit court of the United States to disregard, a decree of the circuit court of appeals, made on appeal from an interlocutory order of the circuit court, and alleged to be in excess of its powers on such an appeal, but which might be made on appeal from the final decree, when rendered. Under the Act of March 3, 1891, c. 517, 6, this Court has power, in a case made final in the circuit court of appeals, although no question of law has been certified by that court to this, to issue a writ of certiorari to review a decree of that court on appeal fro...
Johnston Vs. Standard Mining Co.
Court: US Supreme Court
Decided on: Mar-27-1893
Johnston v. Standard Mining Co. - 148 U.S. 360 (1893) U.S. Supreme Court Johnston v. Standard Mining Co., 148 U.S. 360 (1893) Johnston v. Standard Mining Company No. 133 Argued March 10, 1893 Decided March 27, 1893 148 U.S. 360 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus The mere institution of a suit does not, of itself, relieve a person from the charge of laches, and if he fail in its diligent prosecution, the consequences are the same as though no action had been begun. Where a question of laches is in issue, the plaintiff is chargeable with such knowledge as he might have obtained upon inquiry, provided the facts already known to him were such as to put the duty of inquiry upon a man of ordinary intelligence. The duty of inquiry is all the more peremptory when the thing in dispute is mining property, which is of an uncertain character and is liable to suddenly develop an enormous increase in value. In this case, it is clea...
Columbus Watch Co. Vs. Robbins
Court: US Supreme Court
Decided on: Mar-27-1893
Columbus Watch Co. v. Robbins - 148 U.S. 266 (1893) U.S. Supreme Court Columbus Watch Co. v. Robbins, 148 U.S. 266 (1893) Columbus Watch Company v. Robbins No. 1242 Submitted March 7, 1893 Decided March 27, 1893 148 U.S. 266 CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In order to give this court jurisdiction over questions or propositions of law sent up by a circuit court of appeals for decision, it is necessary that the questions or propositions should be clearly and distinctly certified, Page 148 U. S. 267 and should show that the instruction of this court is desired fn the particular case as to their proper decision. A statement that one circuit court of appeals has arrived at a different conclusion from another circuit court of appeals on a question or proposition is not equivalent to the expression of a desire for instruction as to the proper decision of a specific question, requiring determination in the proper disposi...