Us Supreme Court Court December 1896 Judgments
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Gonzales Vs. Cunningham
Court: US Supreme Court
Decided on: Dec-21-1896
Gonzales v. Cunningham - 164 U.S. 612 (1896) U.S. Supreme Court Gonzales v. Cunningham, 164 U.S. 612 (1896) Gonzales v. Cunningham No. 643 Submitted December 7, 1896 Decided December 21, 1896 164 U.S. 612 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus An appeal lies to this Court from a final order of the Supreme Court of the Territory of New Mexico ordering a writ of habeas corpus to be discharged. The cases deciding that there is a want of jurisdiction over a similar judgment rendered in the District of Columbia are reviewed, and it is held that the legislation in respect of the review of the final orders of the territorial supreme courts on habeas corpus so far differs from that in respect of the judgments of the courts of the District of Columbia that a different rule applies. Section 1852 of the Compiled Laws of New Mexico of 1884, which provides that "when any justice of the supreme court shall be absent from his district, or shall be in any ...
Covington and Lexington Tpk. Road Co. Vs. Sandford
Court: US Supreme Court
Decided on: Dec-14-1896
Covington & Lexington Tpk. Road Co. v. Sandford - 164 U.S. 578 (1896) U.S. Supreme Court Covington & Lexington Tpk. Road Co. v. Sandford, 164 U.S. 578 (1896) Covington & Lexington Turnpike Road Company v. Sandford No. 50 Submitted May 7, 1898 Decided December 14, 1896 164 U.S. 578 ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY Syllabus The Legislature of Kentucky, by an act passed in 1834, created the Covington and Lexington Turnpike Road Company with authority to construct a turnpike from Covington to Lexington. One section prescribed the rates of tolls which might be exacted; another provided "that if at the expiration of five years after the said road has been completed, it shall appear that the annual net dividends for the two years next preceding of said company, upon the capital stock expended upon said road and its repairs, shall have exceeded the average of fourteen percent per annum thereof, then and in that case, the legislature reserves to itself the rig...
United States Vs. Oregon and California R. Co.
Court: US Supreme Court
Decided on: Dec-14-1896
United States v. Oregon & California R. Co. - 164 U.S. 526 (1896) U.S. Supreme Court United States v. Oregon & California R. Co., 164 U.S. 526 (1896) United States v. Oregon and California Railroad Company No. 318 Argued November 12, 1896 Decided December 14, 1896 164 U.S. 526 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The grant of public land made to the Oregon Central Railroad Company by the Act of May 4, 1870, c. 69, 16 Stat. 94, "for the purpose of aiding in the construction of a railroad and telegraph line from Portland to Astoria and from a suitable point of junction near Forest Grove to the Yamhill River near McMinnville in the State of Oregon" contemplated a main line from Portland to Astoria opening up to settlement unoccupied and inaccessible territory and establishing railroad communication between the two termini, and also the construction of a branch road from Forrestville to McMinnville, twenty-one miles in length, running throug...
Rogers Locomotive Mach. Works Vs. Emigrant Co.
Court: US Supreme Court
Decided on: Dec-07-1896
Rogers Locomotive Mach. Works v. Emigrant Co. - 164 U.S. 559 (1896) U.S. Supreme Court Rogers Locomotive Mach. Works v. Emigrant Co., 164 U.S. 559 (1896) Rogers Locomotive Machine Works v. American Emigrant Company No. 23 Argued March 24, 1896 Decided December 7, 1896 164 U.S. 559 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus In a suit by the American Emigrant Company to obtain a decree quieting its title to certain lands in Calhoun County, Iowa, of which the defendants have possession, the plaintiff asserted title under the Act of Congress known as the Swamp Land Act of 1850, 9 Stat. 519, c. 84, the defendants under the Act of Congress of May 15, 1856, 11 Stat. 9, c. 28, granting land to Iowa to aid in the construction of railroads in that state, including one from Dubuque to Sioux City. The principal contention of the plaintiff was that the lands passed to the state under the act of 1850, and were not embraced by the Railroad Act of 1856. By an act passed Janua...
Allen Vs. United States
Court: US Supreme Court
Decided on: Dec-07-1896
Allen v. United States - 164 U.S. 492 (1896) U.S. Supreme Court Allen v. United States, 164 U.S. 492 (1896) Allen v. United States No. 371 Submitted October 28, 1896 Decided December 7, 1896 164 U.S. 492 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS Syllabus There is no error in an instruction that evidence recited by the court to the jury leaves them at liberty to infer not only willfulness, but malice aforethought, if the evidence is as so recited. There is no error in an instruction on a trial for murder that the intent necessary to constitute malice aforethought need not have existed for any particular time before the act of killing, but that it may spring up at the instant, and may be inferred from the fact of killing. The language objected to in the sixth assignment of error is nothing more than the statement, in another form, of the familiar proposition that every man is presumed to intend the natural and probable consequences...
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