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Us Supreme Court Court April 1893 Judgments

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Apr 24 1893

Northern Pacific R. Co. Vs. Whalen

Court: US Supreme Court

Decided on: Apr-24-1893

Northern Pacific R. Co. v. Whalen - 149 U.S. 157 (1893) U.S. Supreme Court Northern Pacific R. Co. v. Whalen, 149 U.S. 157 (1893) Northern Pacific Railroad Company v. Whalen No. 156 Submitted March 22, 1893 Decided April 24, 1893 149 U.S. 157 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF WASHINGTON Syllabus A railroad corporation cannot, by the general principles of equity jurisprudence or by the provisions of the Code of Washington Territory, maintain a suit for an injunction, as for a nuisance, against the keepers of saloons near the line of its road at which its workmen buy intoxicating liquors and get so drunk as to be unfit for work. This was an action, in the nature of a bill in equity to restrain a nuisance, commenced December 17, 1887, in a court of Kittitass County in the Territory of Washington, by the Northern Pacific Railroad Company against the three county commissioners of that county, twenty-one persons constituting ten partnerships, and twenty-eight oth...


Apr 24 1893

Chandler Vs. Calumet and Hecla Mining Co.

Court: US Supreme Court

Decided on: Apr-24-1893

Chandler v. Calumet & Hecla Mining Co. - 149 U.S. 79 (1893) U.S. Supreme Court Chandler v. Calumet & Hecla Mining Co., 149 U.S. 79 (1893) Chandler v. Calumet and Hecla Mining Company No. 202 Argued April 6-7, 1893 Decided April 24, 1893 149 U.S. 79 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus Swamp lands in Michigan which were not embraced in the list of such lands made by the Surveyor General February 12, 1853, as coming within the provisions of the grant to the September 28, 1850, 9 Stat. 514, c. 84, which list was approved by the Secretary of the Interior January 11, 1854, and which lands were patented to the state March 3, 1856, as so listed and approved, were not included within the said grant of September 28, 1850. These several official acts, by the proper officers, operated as an adjudication as to what were swamp lands within the grant of September 28, 1850, and to exclude contradictory parol evidence. The grant by...


Apr 24 1893

Patrick Vs. Bowman

Court: US Supreme Court

Decided on: Apr-24-1893

Patrick v. Bowman - 149 U.S. 411 (1893) U.S. Supreme Court Patrick v. Bowman, 149 U.S. 411 (1893) Patrick v. Bowman No. 157 Argued March 22-23, 1893 Decided April 24, 1893 149 U.S. 411 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus B., an attorney at law residing at St. Louis, went to Leadville, Colorado, on business of P. While there, he obtained knowledge of a mineral tract, and after communicating with P., he acquired a part ownership in it on behalf of Y. and himself. P. came to Colorado and took charge of the development of the property by sinking a shaft, the proportionate part of the expense of which was to be borne by B., who then returned to his business. Subsequently a correspondence by mail and by telegraph took place between P. and B., which ended in the acquisition of B.'s interest by P. The property became very valuable. When B. learned this, he filed a bill in equity to set aside his conveyance to P. as having...


Apr 24 1893

In Re Frederich

Court: US Supreme Court

Decided on: Apr-24-1893

In re Frederich - 149 U.S. 70 (1893) U.S. Supreme Court In re Frederich, 149 U.S. 70 (1893) In re Frederich No. 1305 Argued April 7, 10, 1893 Decided April 24, 1893 149 U.S. 70 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON Syllabus When a prisoner, convicted of crime in a state court and sentenced there to punishment, complains that his rights under the Constitution or laws of the United States have been thereby violated, he may seek relief in the federal courts by an application either to the proper Circuit Court for a writ of habeas corpus or to a justice of this Court for a writ of error to the state court. The remedy by habeas corpus should be limited to cases in which the judgment or sentence attacked is clearly void by reason of its having been rendered without jurisdiction, or by reason of the court's having exceeded its jurisdiction in the premises, and the general rule and better practice, in the absence of special facts and cir...


Apr 24 1893

The Servia

Court: US Supreme Court

Decided on: Apr-24-1893

The Servia - 149 U.S. 144 (1893) U.S. Supreme Court The Servia, 149 U.S. 144 (1893) The Servia No. 207 Argued April 12-13, 1893 Decided April 24, 1893 149 U.S. 144 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A steam vessel, the N., backed out from her slip in Jersey City, toward the middle of the Hudson River between Jersey City and New York, preparatory to turning down to go to sea. Another steam vessel, the S., was going down, above the N., and nearer the New York shore, on her way to sea. It was customary and necessary for the N. to back out of her slip to about the middle of the river. The S. knew of such practice of the N. When the N. had reached the middle of the river she stopped her engines and the S. assumed she would go ahead, and herself proceeded without any material change of course, under slow speed, until she got near enough to observe that the N. was continuing to make sternway at considerable speed, an...


Apr 24 1893

In Re Humes

Court: US Supreme Court

Decided on: Apr-24-1893

In re Humes - 149 U.S. 192 (1893) U.S. Supreme Court In re Humes, 149 U.S. 192 (1893) In re Humes No. 20, Original Argued April 17, 1893 Decided April 24, 1893 149 U.S. 192 ORIGINAL Syllabus A judgment of a Circuit Court to which a writ of error had been sued out, with a supersedeas bond given, being affirmed here and remanded to the trial court in the usual way., that court, on motion, summoned in the sureties, and, although they proposed to interpose a plea of partial payment, proceeded to render judgment against them and the principal for the full amount of the original judgment with interest and costs. An appeal to the circuit court of appeals having been dismissed for nonjoinder of the original defendant, they applied to this Court for a writ of mandamus commanding the court below to vacate its judgment insofar as it was rendered against the sureties and to execute the mandate by entering judgment and ordering execution against the principal only. Held that that judgm...


Apr 24 1893

In Re Tyler

Court: US Supreme Court

Decided on: Apr-24-1893

In re Tyler - 149 U.S. 164 (1893) U.S. Supreme Court In re Tyler, 149 U.S. 164 (1893) In re Tyler No. 17 Original Argued April 4, 1893 Decided April 24, 1893 149 U.S. 164 ORIGINAL Syllabus Property within a state which is in the possession of a receiver by virtue of his appointment as such by a circuit court of the United States is not subject to seizure and levy under process issuing from a court of the state to enforce the collection of a tax assessed upon its owner under the laws of the state. The exclusive remedy of the state tax collector in such case is in the circuit court which appointed the receiver, where the question of the validity of the tax may be heard and determined and where the priority of payment of such amount as may be found to be due which is granted by the laws of the state will be recognized and enforced. The writ of habeas corpus is not to be used to perform the office of a writ of error, or of an appeal. When no writ of error or appeal will lie, ...


Apr 24 1893

Dobson Vs. Cubley

Court: US Supreme Court

Decided on: Apr-24-1893

Dobson v. Cubley - 149 U.S. 117 (1893) U.S. Supreme Court Dobson v. Cubley, 149 U.S. 117 (1893) Dobson v. Cubley No. 200 Argued April 10-11, 1893 Decided April 24, 1893 149 U.S. 117 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The inventions protected by letters patent No. 203,604, granted to Charles E. Dobson, May 14, 1878, or by letters patent No. 249,321, granted to Henry C. Dobson, November 8, 1881, both for improvements in banjos exhibit patentable novelty, but they are not infringed by instruments constructed according to the specification and claims in letters patent 253,849, granted to Edwin I. Cubley, February 21, 1882. In equity to prevent the infringement of letters patent. The case is stated in the opinion. MR. JUSTICE SHIRAS delivered the opinion of the Court. This case comes here on appeal from the Circuit Court of the United States for the Southern District of New York, whose decree dismissed complainant...


Apr 24 1893

Thomas Vs. Western Car Co.

Court: US Supreme Court

Decided on: Apr-24-1893

Thomas v. Western Car Co. - 149 U.S. 95 (1893) U.S. Supreme Court Thomas v. Western Car Co., 149 U.S. 95 (1893) Thomas v. Western Car Company No. 196 Argued March 30, April 3, 1893 Decided April 24, 1893 149 U.S. 95 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A debt due from a railroad company to a car company for rental of cars prior to the commencement of a suit to foreclose a mortgage on the road and the appointment of a receiver is held not to be a preferred debt, having priority over the mortgage debt. A similar debt accrued during the receivership is examined and is settled as to amount and allowed. The car company in such case is not allowed interest. After property of an insolvent passes into the hands of a receiver or of an assignee in insolvency, interest is not allowed on the claims against the fund. This is an appeal from the decree of the Circuit Court of the United States for the Northern District of Il...


Apr 24 1893

Cairo Vs. Zane

Court: US Supreme Court

Decided on: Apr-24-1893

Cairo v. Zane - 149 U.S. 122 (1893) U.S. Supreme Court Cairo v. Zane, 149 U.S. 122 (1893) Cairo v. Zane No. 210 Argued April 13-14, 1893 Decided April 24, 1893 149 U.S. 122 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus In accordance with a previous resolution of the City Council of Cairo, Illinois, an election was duly held there on the 28th of May, 1867, "for the purpose of voting upon the question of the city's issuing $100,000 in twenty-year bonds, drawing eight percent interest, as a subscription to the capital stock of the Cairo and Vincennes Railroad," and it was, by a vote of 695 to 1, "declared to be the wish of the people that the said sum of $100,000 be so subscribed." Such subscription was accordingly made. In November following, the railroad company and the city further agreed that the railroad company should commence work within six months and push it with dispatch; that the city should issue its bonds to the a...


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