Us Supreme Court Court March 1894 Judgments
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Maclay Vs. Equitable Life Assur. Soc'y
Court: US Supreme Court
Decided on: Mar-28-1894
Maclay v. Equitable Life Assur. Soc'y - 152 U.S. 499 (1894) U.S. Supreme Court Maclay v. Equitable Life Assur. Soc'y, 152 U.S. 499 (1894) Maclay v. Equitable Life Assurance Society No. 281 Argued and submitted March 14, 1894 Decided March 28, 1894 152 U.S. 499 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus A guardian of a minor to whom a policy of life insurance on the tontine dividend plan is payable is authorized, after the completion of the tontine dividend period, and upon receiving its actual surrender value, to discharge the policy without any order of court notwithstanding the provisions of the statutes of Mississippi authorizing him to obtain an order of court for the sale of personal property or for the sale or compromise of claims. This was an action, brought February 12, 1889, in the Civil District Court for the Parish of Orleans, in the State of Louisiana, by Robert P. Maclay, a citizen of Louisiana and tutor of M...
Manuel Vs. Wulff
Court: US Supreme Court
Decided on: Mar-26-1894
Manuel v. Wulff - 152 U.S. 505 (1894) U.S. Supreme Court Manuel v. Wulff, 152 U.S. 505 (1894) Manuel v. Wulff No. 214 Submitted January 17, 1894 Decided March 26, 1894 152 U.S. 505 ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA Syllabus A deed of a mining claim by a qualified locator to an alien operates as a transfer of the claim to the grantee, subject to question in regard to his citizenship by the government only. If, in a contest concerning a mining claim under Rev.Stat. 2326, one party, who is an alien at the outset becomes a citizen during the proceedings and before judgment, his disability under Rev.Stat. 2319 to take title is thereby removed. This was an action in the ordinary form of a contest between two claimants of a quartz lode mining claim upon the lands of the United States to determine the right to proceed in the United States land office for patent therefor. Moses Manuel, defendant below, made application in the land office at Helena, Montana, for ...
Halstead Vs. Grinnan
Court: US Supreme Court
Decided on: Mar-19-1894
Halstead v. Grinnan - 152 U.S. 412 (1894) U.S. Supreme Court Halstead v. Grinnan, 152 U.S. 412 (1894) Halstead v. Grinnan No. 128 Argued December 4-5, 1893 Decided March 19, 1894 152 U.S. 412 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA Syllabus The facts admitted or proved in this case show that the plaintiff was guilty of laches in failing to file his bills for so long a time, and it is held that they were properly dismissed by the court below. Laches is an equitable defense, controlled by equitable considerations, and the lapse of time must be so great, and the relations of the defendant to the rights such, that it would be inequitable to permit the plaintiff to assert them where he has had for a considerable period knowledge of their existence, or might have acquainted himself with them by the use of reasonable diligence. The length of time during which a party neglects the assertion of his rights which must pass in order to sho...
Tennessee Vs. Union and Planters' Bank
Court: US Supreme Court
Decided on: Mar-19-1894
Tennessee v. Union and Planters' Bank - 152 U.S. 454 (1894) U.S. Supreme Court Tennessee v. Union and Planters' Bank, 152 U.S. 454 (1894) Tennessee v. Union and Planters' Bank Nos. 1020, 1021, 761 Argued January 12, 15, 1894 Decided March 19, 1894 152 U.S. 454 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE Syllabus Under the Act of August 13, 1888, c. 566, the circuit court of the United States has no jurisdiction, either original or by removal from a state court, of a suit as one arising under the Constitution, laws or treaties of the United States, unless that appears by the plaintiff's statement of his own claim. The first case was a bill in equity filed January 26, 1893, in the Circuit Court of the United States for the Western District of Tennessee by the State of Tennessee and the County of Shelby, in that state, against the Union and Planters' Bank of Memphis, a corporation organized under the laws of Tennessee and having...
Corinne Mill, Canal and Stock Co. Vs. Toponce
Court: US Supreme Court
Decided on: Mar-19-1894
Corinne Mill, Canal & Stock Co. v. Toponce - 152 U.S. 405 (1894) U.S. Supreme Court Corinne Mill, Canal & Stock Co. v. Toponce, 152 U.S. 405 (1894) Corinne Mill, Canal and Stock Company v. Toponce No. 257 Submitted March 6, 1894 Decided March 19, 1894 152 U.S. 405 ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus The jury having in this case practically affirmed the truth of the plaintiff's story, this Court accepts the result. When services in the management of a farm and household in Utah are performed under a general retainer, without any express agreement as to the Page 152 U. S. 406 time or measure of compensation or the term of the employment, and such services continue for a series of years, no payments being made, and there is a mutual, open and current account between the manager and the proprietors into which the matter of compensation enters as one of the items, the cause of action must be deemed to have accrued at the date of the last item ...
United States Vs. Bashaw
Court: US Supreme Court
Decided on: Mar-19-1894
United States v. Bashaw - 152 U.S. 436 (1894) U.S. Supreme Court United States v. Bashaw, 152 U.S. 436 (1894) United States v. Bashaw No. 779 Submitted January 8, 1894 Decided March 19, 1894 152 U.S. 436 APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus An action cannot be maintained against the United States by a district attorney to recover for services rendered and expenses incurred in prosecuting for fines, penalties, and forfeitures, under Rev. Stat. sections 838 Page 152 U. S. 437 and 3085 for violations of the customs laws or the Internal Revenue laws unless the Secretary of the Treasury first determines what sum he deems just and reasonable therefor. Thomas P. Bashaw brought an action against the United States in the Circuit Court for the Eastern District of Missouri to recover compensation for certain services rendered by him during the years 1887 and 1888 in the capacity of district attorney for the United States in that dis...
United States Vs. Alger
Court: US Supreme Court
Decided on: Mar-19-1894
United States v. Alger - 152 U.S. 384 (1894) U.S. Supreme Court United States v. Alger, 152 U.S. 384 (1894) United States v. Alger Nos. 885, 886 Petitions for rehearing Distributed March 3, 1894 Decided March 19, 1894 152 U.S. 384 APPEALS FROM THE COURT OF CLAIMS Syllabus Under the Act of March 3, 1583, c. 97, 22 Stat. 473, an officer in the navy who resigns one office the day before his appointment to a higher one, though in a different branch of the service, is only entitled to longevity pay as of the lowest grade having graduated pay held by him since he originally entered the service. United States v. Alger, 151 U. S. 362 , and United States v. Stahl, 151 U. S. 366 , reaffirmed. These were petitions for a rehearing of two cases decided January 22, 1894, and reported in 151 U.S. 151 U. S. 362 and 151 U. S. 366 . In Alger's case, the petition said: "In this case, the claimant was appointed cadet midshipman September 22, 1876, graduated June 22, 1882, and prom...
Morgan Envelope Co. Vs. Albany Paper Co.
Court: US Supreme Court
Decided on: Mar-19-1894
Morgan Envelope Co. v. Albany Paper Co. - 152 U.S. 425 (1894) U.S. Supreme Court Morgan Envelope Co. v. Albany Paper Co., 152 U.S. 425 (1894) Morgan Envelope Company v. Albany Perforated Wrapping Paper Company No. 254 Argued March 8-9, 1894 Decided March 19, 1894 152 U.S. 425 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK Syllabus An inventor who acquiesces in the rejection by the Patent Office of his claim in one form and accepts a patent with the claim changed so as to correspond with the views of that office, is estopped to claim the benefit of the rejected claim. Letters patent No. 325,410, granted to Oliver H. Hicks September 1, 1885, for a package of toilet paper known as the oval roll or oval king package, is void for want of patentable invention. Letters patent No. 325,174, issued to said Hicks August 25, 1885, for a toilet paper fixture, and letters patent No. 357,993, issued to said Hicks February 15, 1887, for an appara...
City Bank of Fort Worth Vs. Hunter
Court: US Supreme Court
Decided on: Mar-19-1894
City Bank of Fort Worth v. Hunter - 152 U.S. 512 (1894) U.S. Supreme Court City Bank of Fort Worth v. Hunter, 152 U.S. 512 (1894) City Bank of Fort Worth v. Hunter No. 264 Submitted March 8, 1894 Decided March 19, 1894 152 U.S. 512 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus Compliance with a mandate of this Court which leaves nothing to the judgment or discretion of the court below may be enforced by mandamus. This Court cannot entertain an appeal from a judgment executing its mandate if the value of the matter in dispute upon the appeal is less than $5,000. No appeal lies from a decree for costs. In City National Bank of Fort Worth v. Hunter, 129 U. S. 557 , 129 U. S. 5796 , will be found a full history of the litigation between the parties to the present appeal. The final decree was reversed, with costs, and the case was remanded, with directions to proceed in conformity with the opinion of this Court. After the m...
Mckittrick Vs. Arkansas Central Ry. Co.
Court: US Supreme Court
Decided on: Mar-19-1894
McKittrick v. Arkansas Central Ry. Co. - 152 U.S. 473 (1894) U.S. Supreme Court McKittrick v. Arkansas Central Ry. Co., 152 U.S. 473 (1894) McKittrick v. Arkansas Central Railway Company No. 248 Argued February 2, 1894 Decided March 19, 1894 152 U.S. 473 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS Syllabus The act of the State of Arkansas of July 21, 1868 (Laws of 1868, 148), "to aid in the construction of railroads," and the Act of April 10, 1869 (Laws of 1868-1869, 147) "to provide for paying the interest upon the bonds issued to aid in the construction of railroads," taken together created no lien upon the property of a railroad company for whose benefit the state bonds had been issued, notwithstanding the provisions contained in the act of March 18, 1867 (Laws of 1866-1867, 428) as that act had no force in this respect after the adoption of the state constitution of 1869. Tompkins v. Fort Smith Railway Company, 126 U. S. 109...
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