Us Supreme Court Court November 1895 Judgments
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Gillis Vs. Stinchfield
Court: US Supreme Court
Decided on: Nov-25-1895
Gillis v. Stinchfield - 159 U.S. 658 (1895) U.S. Supreme Court Gillis v. Stinchfield, 159 U.S. 658 (1895) Gillis v. Stinchfield No. 661 Submitted November 11, 1895 Decided November 25, 1895 159 U.S. 658 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus The decision by the highest court of a state that the grantor of a portion of the ground of a mining claim is estopped, on general principles of law and by the statutes of the state, from claiming priority of title to a space of vein-intersection within the granted premises, by reason of his locating the portion retained by himself before a location of the granted portion by his grantee, presents no federal question. This was an action brought by Stinchfield against Gillis and others in the Superior Court of Tuolumne County, California, to recover the value of certain gold alleged to have been taken by defendants from the mining claim of plaintiff. Gillis for many years had held and asserted ownership of a minin...
Mills Vs. Green
Court: US Supreme Court
Decided on: Nov-25-1895
Mills v. Green - 159 U.S. 651 (1895) U.S. Supreme Court Mills v. Green, 159 U.S. 651 (1895) Mills v. Green No. 732 Submitted October 28, 1895 Decided November 25, 1895 159 U.S. 651 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus When, pending an appeal from the judgment of a lower court and without any fault of the defendant, an event occurs which renders it impossible for the appellate court, if it should decide the case in favor of the plaintiff, to grant him any effectual relief, the court will not proceed to a formal judgment, but will dismiss the appeal. When, pending an appeal from a decree dismissing a bill in equity to secure a right to vote at the election of delegates to a constitutional convention, the election is held and the convention assembles on the days appointed by the statute calling the convention, the appeal must be dismissed, without considering the merits of the bill. This Court, on appeal from the circuit court of the Unite...
Moore Vs. Missouri
Court: US Supreme Court
Decided on: Nov-25-1895
Moore v. Missouri - 159 U.S. 673 (1895) U.S. Supreme Court Moore v. Missouri, 159 U.S. 673 (1895) Moore v. Missouri No. 493 Argued and submitted October 30, 1895 Decided November 25, 1895 159 U.S. 673 ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus The provision in section 3959 of the Revised Statutes of Missouri that prisoners convicted two or more times of committing offenses punishable by imprisonment in the penitentiary shall be punished with increased severity for the later offenses does not in any way conflict with the provisions of the Fourteenth Amendment to the Constitution of the United States. A state may provide that persons who have been before convicted of crime may suffer severer punishment for subsequent offenses than for a first offense against the law, and that a different punishment for the same offense may be inflicted under particular circumstances, provided it is dealt out to all alike who are similarly situated. Whether an indictment in...
Goode Vs. United States
Court: US Supreme Court
Decided on: Nov-25-1895
Goode v. United States - 159 U.S. 663 (1895) U.S. Supreme Court Goode v. United States, 159 U.S. 663 (1895) Goode v. United States No. 616 Argued November 1, 1895 Decided November 25, 1895 159 U.S. 663 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS Syllabus When a verdict is general upon all the counts in an indictment sufficient in form, it must stand if anyone of the counts was sustained by competent testimony. In an indictment under Rev.Stat. 5467, against a letter carrier charged with secreting, embezzling, or destroying a letter containing postage stamps, the fact that the letter was a decoy is no defense. A letter addressed to a fictitious person, known to be such, is a letter within the meaning of the statute, and for the purposes of Rev.Stat. 5467 and 5469, a letter which bears the outward semblance of a genuine communication, and comes into the possession of the employee in the Page 159 U. S. 664 regular course of his offic...
Rutland R. Co. Vs. Central Vermont R. Co.
Court: US Supreme Court
Decided on: Nov-19-1895
Rutland R. Co. v. Central Vermont R. Co. - 159 U.S. 630 (1895) U.S. Supreme Court Rutland R. Co. v. Central Vermont R. Co., 159 U.S. 630 (1895) Rutland Railroad Company v. Central Vermont Railroad Company Nos. 51, 472 Argued April 19, 22, 1895 Decided November 19, 1895 159 U.S. 630 ERROR TO THE COURT OF CHANCERY OF FRANKLIN COUNTY IN THE STATE OF VERMONT Syllabus When the highest court of a state, in rendering judgment, decides a federal question and also decides against the plaintiff in error upon an independent ground not involving a federal question, and broad enough to support the judgment, this Court will dismiss the writ of error without considering the federal question. A statute of a state imposed a tax upon the gross earnings of railroad companies and provided that the tax upon a leased railroad should be paid by the lessee and deducted from the rent. A lessee paid the tax upon the railroad of its lessor, and deducted it from the rent, and was sued in equity by th...
Dejonge Vs. Magone
Court: US Supreme Court
Decided on: Nov-18-1895
Dejonge v. Magone - 159 U.S. 562 (1895) U.S. Supreme Court Dejonge v. Magone, 159 U.S. 562 (1895) Dejonge v. Magone No. 56 Argued November 1, 1895 Decided November 18, 1895 159 U.S. 562 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Papers, coated, colored and embossed to imitate leather, and papers coated with flock, to imitate velvet, imported into the United States in 1888, were subject, under Schedule M of the Tariff Act of March 3, 1883, c. 121, to a duty of 25 percent ad valorem as "paper hangings . . . not specially enumerated or provided for in this act," and not to a duty of 15 Page 159 U. S. 563 percent ad valorem as manufactures of paper, or of which paper is a component material, not specially enumerated or provided for in this act. The action below was brought to recover the amount of alleged excessive exactions imposed by the defendant, while collector of the port of New York, as duties upon two importatio...
Clune Vs. United States
Court: US Supreme Court
Decided on: Nov-18-1895
Clune v. United States - 159 U.S. 590 (1895) U.S. Supreme Court Clune v. United States, 159 U.S. 590 (1895) Clune v. United States No. 517 Argued October 30, 1895 Decided November 18, 1895 159 U.S. 590 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus It is doubtful whether the record and bill of exceptions present for review the matters complained of in the brief of counsel. On the trial of parties charged with the criminal offence of conspiring to stop the mails, contemporary telegrams from different parts of the country, announcing the stoppage of mail trains are admissible in evidence against the defendants if identified and brought home to them. So too, the acts and declarations of persons not parties to the record are in such case admissible against the defendants if it appears that they were made in carrying the conspiracy into effect or attempting to carry it into effect. Instructions of the court below, to become p...
BucklIn Vs. United States
Court: US Supreme Court
Decided on: Nov-18-1895
Bucklin v. United States - 159 U.S. 680 (1895) U.S. Supreme Court Bucklin v. United States , 159 U.S. 680 (1895) Bucklin v. United States (No. 1) No. 246 Submitted October 21, 1895 Decided November 18, 1895 159 U.S. 680 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS Syllabus The final judgment of a court of the United States in a case of the conviction of a capital or otherwise infamous crime is not reviewable here except on writ of error, and the review is confined to questions of law, properly presented. Page 159 U. S. 681 The case is stated in the opinion. MR. JUSTICE HARLAN delivered the opinion of the Court. The appellant, Bucklin, was convicted of the crime of perjury, under § 5392 of the Revised Statutes, and sentenced to imprisonment at hard labor in the penitentiary for the term of one and one-half years, and also to pay a fine of one hundred dollars. He seeks a review of that judgment by the present appeal. The appeal must...
Hilton's Administrator Vs. Jones
Court: US Supreme Court
Decided on: Nov-18-1895
Hilton's Administrator v. Jones - 159 U.S. 584 (1895) U.S. Supreme Court Hilton's Administrator v. Jones, 159 U.S. 584 (1895) Hilton's Administrator v. Jones No. 1 Submitted October 28, 1895 Decided November 18, 1895 159 U.S. 584 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus L. filed his petition in a state court of Nebraska, setting forth that he was the owner, as trustee for two infants, of an undivided two-thirds interest in a tract of land in that state, and individually in his own right of the other undivided third, that the lands yielded no revenue and were encumbered with unpaid taxes, etc., and praying for leave to sell or mortgage one-half of the lands, declaring his willingness to join in the deed or mortgage as to his individual interest. A supplementary petition accompanied this and was filed with it, certifying to the integrity of L. and praying that power might be given him to sell or mortgage the premises as asked. T...
Magone Vs. Wiederer
Court: US Supreme Court
Decided on: Nov-18-1895
Magone v. Wiederer - 159 U.S. 555 (1895) U.S. Supreme Court Magone v. Wiederer, 159 U.S. 555 (1895) Magone v. Wiederer No. 23 Argued January 25, 1895 Decided November 18, 1895 159 U.S. 555 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The plaintiff below imported into the port of New York in 1887 and 1888 a quantity of pieces of glass, cut in shapes to order and with beveled edges, intended to be used in the manufacture of clocks. The collector classified them as "I articles of glass, cut, engraved," etc., subject to a duty of 45 percent ad valorem. The importer claimed that they were dutiable as "parts of clocks," and as such subject to a duty of 30 percent ad valorem, paid the duty imposed under protest, and brought this action to recover the excess. The trial court instructed the jury Page 159 U. S. 556 that the burden was on the plaintiff to establish that the articles were parts of clocks; that in determining that ...
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