Us Supreme Court Court October 1895 Judgments
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Chicago, M. and St. P. Ry. Co. Vs. United States
Court: US Supreme Court
Decided on: Oct-31-1895
Chicago, M. & St. P. Ry. Co. v. United States - 159 U.S. 372 (1895) U.S. Supreme Court Chicago, M. & St. P. Ry. Co. v. United States, 159 U.S. 372 (1895) Chicago, Milwaukee and St. Paul Railway Company v. United States No. 47 Argued April 16-17, 1895 Decided October 31, 1895 159 U.S. 372 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA Syllabus Congress, in the grant made by the Act of May 12, 1864, 13 Stat. 72, had in view two railroads, one extending from Sioux City to the Minnesota line, the other from South McGregor by a named route to a point of intersection with the Sioux City road, and the Chicago, Milwaukee & St. Paul Railway Company, as the successor in right of the McGregor Company, is in no position to question the decree just affirmed in Sioux City & St. Paul Railroad Co. v. United States, establishing the title of the United States as against the Sioux City Company, and is estopped by the decree in Sioux City & St. Paul Ra...
Borgmeyer Vs. Idler
Court: US Supreme Court
Decided on: Oct-28-1895
Borgmeyer v. Idler - 159 U.S. 408 (1895) U.S. Supreme Court Borgmeyer v. Idler, 159 U.S. 408 (1895) Borgmeyer v. Idler No. 582 Submitted October 15, 1895 Decided October 28, 1895 159 U.S. 408 ERROR TO THE COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Colorado Central Mining Co. v. Turck, 150 U. S. 138 , affirmed and applied to this case upon the points: (1) that when the jurisdiction of a circuit court of the United States is invoked upon the ground that the determination of the suit depends upon some question of a federal nature, it must appear at the outset, from the pleadings, that the suit is one of that character of which the circuit court could properly take cognizance at the time its jurisdiction was invoked, and (2) that when the jurisdiction of a circuit court is invoked solely on the ground of diverse citizenship, the judgment of the circuit court of appeals is final, although another ground for jurisdiction in the circuit court may be developed in the course ...
Indiana Vs. Kentucky
Court: US Supreme Court
Decided on: Oct-21-1895
Indiana v. Kentucky - 159 U.S. 275 (1895) U.S. Supreme Court Indiana v. Kentucky, 159 U.S. 275 (1895) Indiana v. Kentucky No. 2, Original Submitted October 15, 1895 Decided October 21, 1895 159 U.S. 275 ORIGINAL Syllabus The court appoints commissioners to run the disputed boundary line in accordance with its decision, announced May 19, 1890, 136 U. S. 136 U.S. 479. At October Term, 1889, this Court decided a case of disputed boundary between the State of Indiana and the State of Kentucky. 136 U. S. 136 U.S. 479. At the present term, the parties presented the following petition: " To the Honorable the Chief Justice and Associate Justices of the Supreme Court of the united states: " "The plaintiff, The State of Indiana, and the defendant, The State of Kentucky, show to your Honors that they have agreed upon and submit herewith the accompanying draft of an order in conformity to the opinion and order of Page 159 U. S. 276 the Court herein and move for an order in ac...
Mckee Vs. Latrobe
Court: US Supreme Court
Decided on: Oct-21-1895
McKee v. Latrobe - 159 U.S. 327 (1895) U.S. Supreme Court McKee v. Latrobe, 159 U.S. 327 (1895) McKee v. Latrobe No. 35 Argued and submitted March 13-14, 1895 Decided October 21, 1895 159 U.S. 327 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus On the facts set forth in the headnote to Gilfillan v. McKee, just decided, it is further held that Latrobe was entitled to receive from the general fund the value of his services, and that their value was $75,000. This case also was argued in connection with Gilfillan v. McKee, ante, 159 U. S. 303 . The bill was originally filed by John H. B. Latrobe, July 13, 1888, six days after the bill of Lamon and Page 159 U. S. 328 Black was filed, and for the same general purpose of sharing in the sum recovered by McKee, relying upon the trust contained in the contract of July 16, 1870, between the Choctaw Nation and McKee, in favor of persons who had rendered services theretofore in the prosecution of said claim. ...
Sioux City and St. Paul R. Co. Vs. Countryman
Court: US Supreme Court
Decided on: Oct-21-1895
Sioux City & St. Paul R. Co. v. Countryman - 159 U.S. 377 (1895) U.S. Supreme Court Sioux City & St. Paul R. Co. v. Countryman, 159 U.S. 377 (1895) Sioux City & St. Paul Railroad Company v. Countryman No. 30 Argued April 16-17, 1895 Decided October 21, 1895 159 U.S. 377 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus At the time when the United States instituted the suit against the plaintiff in error which has just been decided, the plaintiff in error had no interest whatever in the 26,017.33 acres of land certified back to the United States by the Governor of Iowa pursuant to a statute of that state, and all such laud was then subject to entry under the preemption and homestead laws. Page 159 U. S. 378 The case is stated in the opinion. MR. JUSTICE HARLAN delivered the opinion of the court. The history of the lands, of which those here in dispute form a part, is fully stated in the opinion just delivered in Sioux City & St. Paul Railroad Co. ...
Mckee Vs. Lamon
Court: US Supreme Court
Decided on: Oct-21-1895
McKee v. Lamon - 159 U.S. 317 (1895) U.S. Supreme Court McKee v. Lamon, 159 U.S. 317 (1895) McKee v. Lamon Nos. 33-34 Argued and submitted March 13-14, 1895 Decided October 21, 1895 159 U.S. 317. APPEALS FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus Where money is placed in the hands of one person to be delivered to another, a trust arises in favor of the latter, which may be enforced by bill in equity, if not by action at law. The acceptance of money with notice of its ultimate destination is sufficient to create a duty on the part of the bailee to devote it to the purpose intended by the bailor. In enforcing such a trust, a court of equity may make such incidental orders as may be necessary for the proper distribution of the fund. On the facts set forth in the headnote to Gilfillan v. McKee, just decided, it is in this suit further held, (1) That when the Choctaws transferred the work from Black & Lamon to McKee, there was no intention on the part of ...
Sioux City and St. Paul R. Co. Vs. United States
Court: US Supreme Court
Decided on: Oct-21-1895
Sioux City and St. Paul R. Co. v. United States - 159 U.S. 349 (1895) U.S. Supreme Court Sioux City and St. Paul R. Co. v. United States, 159 U.S. 349 (1895) Sioux City and St. Paul Railroad Company v. United States No. 20 Argued April 16-17, 1895 Decided October 21, 1895 159 U.S. 349 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA Syllabus The Sioux City and St. Paul Railroad Company having failed to complete the entire road from Sioux City to the Minnesota line, as contemplated by the Act of Congress of May 12, 1864, c. 84, 13 Stat. 72, making a grant of public land in aid of its construction, and as required by the statutes of Iowa, has not only received as many acres of public land as it could rightfully claim under that act, but has also received 2004.89 acres in excess of what it could rightfully claim. Grants of odd-numbered sections of public lands to aid in the construction of railways imply no guaranty that each section shall ...
Mccormick Vs. Hayes
Court: US Supreme Court
Decided on: Oct-21-1895
McCormick v. Hayes - 159 U.S. 332 (1895) U.S. Supreme Court McCormick v. Hayes, 159 U.S. 332 (1895) McCormick v. Hayes No. 37 Argued March 27-28, 1895 Decided October 21, 1895 159 U.S. 332 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus In an action in which the plaintiff claims title under the Act of September 28, 1850, c. 84, 9 Stat. 519, granting to the several states the swamp and overflowed lands in each unfit for cultivation, and the defendant claims title under the Act of May 15, 1856, c. 28, 11 Stat. 9, making a grant of lands to the State of Iowa to aid in the construction of railroads, parol evidence is inadmissible to show, in opposition to the concurrent action of federal and state officers having authority in the premises, that the lands its controversy were, in fact at the date of the act of 1850, swamp and overflowed ground. This writ of error brings up a judgment of the Supreme Court of Iowa, which affirmed a judgment of the District Court of Linn ...
Richmond Nervine Co. Vs. Richmond
Court: US Supreme Court
Decided on: Oct-21-1895
Richmond Nervine Co. v. Richmond - 159 U.S. 293 (1895) U.S. Supreme Court Richmond Nervine Co. v. Richmond, 159 U.S. 293 (1895) Richmond Nervine Co. v. Richmond No. 59 Argued April 30, May 1, 1895 Decided October 21, 1895 159 U.S. 293 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus The fact that a trademark bears the name and portrait of the person in whose name it is registered does not render it unassignable to another. On the facts, this Court reverses the decree of the court below. This was a bill in equity filed by the Dr. S. A. Richmond Nervine Company, a Missouri corporation, against Samuel A. Richmond, the founder of the corporation and a citizen of Illinois, to enjoin the use of a certain trademark, and to recover damages and profits for the unlawful use of the same. The facts of the case were substantially as follows: the defendant Richmond, prior to December, 1877, being engaged at St. Joseph, Missouri, in the b...
Simmons Vs. Burlington, C.R. and N. Ry. Co.
Court: US Supreme Court
Decided on: Oct-21-1895
Simmons v. Burlington, C.R. and N. Ry. Co. - 159 U.S. 278 (1895) U.S. Supreme Court Simmons v. Burlington, C.R. and N. Ry. Co., 159 U.S. 278 (1895) Simmons v. Burlington, Cedar Rapids, and Northern Railway Company Nos. 11 and 12 Argued November 1, 1894 Decided October 21, 1895 159 U.S. 278 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA When a junior mortgagee is a party defendant to a foreclosure bill in which there is a prayer that he be decreed to redeem, and when the priority of the plaintiffs mortgage is found or conceded, and a sale is ordered in default of payment, declaring the right of the debtor to redeem to be forever barred, a similar order as to right of redemption by the junior mortgagee is not substantially, or even formally, necessary. In such case, a junior mortgagee, who stands by while the sale is made and confirmed, must be deemed, in equity, to have waived his right to redeem. A decree in such a suit that the sale is...
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