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Us Supreme Court Court February 1897 Judgments

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Feb 16 1897

District of Columbia Vs. Hall

Court: US Supreme Court

Decided on: Feb-16-1897

District of Columbia v. Hall - 165 U.S. 340 (1897) U.S. Supreme Court District of Columbia v. Hall, 165 U.S. 340 (1897) District of Columbia v. Hall No. 619 Submitted January 4, 1897 Decided February 16, 1897 165 U.S. 340 APPEAL FROM THE COURT OF APPEALS Syllabus District of Columbia v. Johnson, 165 U. S. 330 , approved and followed. The case is stated in the opinion. MR. JUSTICE PECKHAM delivered the opinion of the Court. This is another of the same character of actions as those above disposed of. Hall was one of the contractors for doing work of the same nature, and filed his petition under the act of 1880 in December of that year. In that petition, he alleged that he had done certain work, and that he was paid for his work, under his contract, by certain certificates, which were worth only fifty percent of their face value, and which he consented to receive only at that rate, and he asked for judgment for the other fifty percent of his contract price. He failed in th...


Feb 15 1897

Price Vs. United States

Court: US Supreme Court

Decided on: Feb-15-1897

Price v. United States - 165 U.S. 311 (1897) U.S. Supreme Court Price v. United States, 165 U.S. 311 (1897) Price v. United States No. 625 Submitted January 19, 1897 Decided February 15, 1897 165 U.S. 311 ERROR To THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus The indictment in this case is sufficient because it does in fact contain a charge that the book was obscene to the knowledge of the defendant who knowingly and willfully, with such knowledge, deposited it in the mail, and thus violated Rev.Stat. 3893. Rosen v. United States, 161 U. S. 29 , followed. Andrews v. United States, 162 U. S. 420 , followed to the point that, on the trial of a person indicted for a violation of the provisions of Rev.Stat. 3893, touching the mailing of obscene, lewd or lascivious books, etc., it is competent for a detective officer of the Post Office Department, as a witness, to testify that correspondence was carried on with the accused by hi...


Feb 15 1897

Davis Vs. United States

Court: US Supreme Court

Decided on: Feb-15-1897

Davis v. United States - 165 U.S. 373 (1897) U.S. Supreme Court Davis v. United States, 165 U.S. 373 (1897) Davis v. United States No. 577 Submitted January 19, 1897 Decided February 15, 1897 165 U.S. 373 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS Syllabus Although there is no appearance for the plaintiff in error, yet, as this is a criminal case, involving the punishment of death, the court has carefully examined the record, to see that no injustice has been done the accused. After a witness, qualified as an expert, has given his professional opinion in reference to that which he has seen or heard, or upon hypothetical questions, it is ordinarily opening the door to too wide an inquiry to interrogate him as to what other scientific men have said upon such matters, or in respect to the general teachings of science thereon, or to permit books of science to be offered in evidence. An expert on behalf of the defense, in cross-examina...


Feb 15 1897

District of Columbia Vs. Johnson

Court: US Supreme Court

Decided on: Feb-15-1897

District of Columbia v. Johnson - 165 U.S. 330 (1897) U.S. Supreme Court District of Columbia v. Johnson, 165 U.S. 330 (1897) District of Columbia v. Johnson Nos. 617-618 Submitted January 4, 1897 Decided February 15, 1897 165 U.S. 330 APPEALS FROM THE COURT OF CLAIMS Syllabus The Act of February 13, 1896, c. 87, 28 Stat. 664, providing that in the adjudication of the claims against the District of Columbia therein referred to, the Court of Claims should allow the rates established and paid by the Board of Public Works, simply conferred a gratuity upon the persons covered by its provisions, which became "due and payable" only from the time when the act which gave it was passed. The claim of the District of Columbia to offset against any recovery here the amount of the interest from June 1, 1874, on its counterclaim found due in its favor against the claimants cannot be admitted. The case is stated in the opinion. MR. JUSTICE PECKHAM delivered the opinion of the Court. Th...


Feb 15 1897

Glover Vs. Patten

Court: US Supreme Court

Decided on: Feb-15-1897

Glover v. Patten - 165 U.S. 394 (1897) U.S. Supreme Court Glover v. Patten, 165 U.S. 394 (1897) Glover v. Patten No. 78 Argued January 5-6, 1897 Decided February 15, 1897 165 U.S. 394 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus An infant may affirm a contract or settlement made for her benefit, like the one here in controversy, and may sue upon it as if she were originally a party to it. In a suit by children to establish their rights as creditors of the estate of their deceased mother, other creditors are not necessary parties, as the executors or administrators represent them and guard their interests. The bill in this case, filed by direction of the orphans' court to obtain the advice of a court of chancery upon the rights of the respective parties, discloses on its face a good cause of action in equity. That cause of action is not barred by the Maryland statute of limitations, still in force in the District of Columbia. Where a parent, bein...


Feb 15 1897

Dunlop Vs. United States

Court: US Supreme Court

Decided on: Feb-15-1897

Dunlop v. United States - 165 U.S. 486 (1897) U.S. Supreme Court Dunlop v. United States, 165 U.S. 486 (1897) Dunlop v. United States No. 472 Argued December 21, 1898 Decided February 15, 1897 165 U.S. 486 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus There was no error in overruling the motion of the defendant, made prior to the trial, to require the district attorney to file the printed matter alleged in the indictment to be obscene, lewd, lascivious and indecent. There was no error in the admission of the advertisements of proprietorship of the Dispatch, as it is difficult to see how the identity of the paper, Page 165 U. S. 487 which the indictment averred that the defendant deposited in the post office for mailing, could have been more conclusively proved than by the production of a newspaper called the Dispatch, and purporting to be the official paper of the City of Chicago. There was no error in permitting governm...


Feb 15 1897

Graves Vs. United States

Court: US Supreme Court

Decided on: Feb-15-1897

Graves v. United States - 165 U.S. 323 (1897) U.S. Supreme Court Graves v. United States, 165 U.S. 323 (1897) Graves v. United States No. 31 Argued January 4-5, 1897 Decided February 15, 1897 165 U.S. 323 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA Syllabus When the managers of a national bank make arrangements with depositors in the bank to give them credit at the bank for larger sums than appear upon the credit side of their accounts up to specified amounts and for a fixed time, and the proper officers of the bank make entries thereof in the books of the bank in good faith and in the belief that they have a right so to do, such an entry is not a false entry within the meaning of that term as used in Rev.Stat. § 5209, and the person so making it is not guilty of a violation of that statute in so doing. The case is stated in the opinion. MR. JUSTICE PECKHAM delivered the opinion of the Court. The plaintiff in error was convicte...


Feb 15 1897

Deweese Vs. Reinhard

Court: US Supreme Court

Decided on: Feb-15-1897

Deweese v. Reinhard - 165 U.S. 386 (1897) U.S. Supreme Court Deweese v. Reinhard, 165 U.S. 386 (1897) Deweese v. Reinhard No. 151 Argued January 13-14, 1897 Decided February 15, 1897 165 U.S. 386 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The plaintiff's contention in this case was that, notwithstanding the action of the Department of the Interior in certifying the land in controversy to the State of Nebraska and the subsequent conveyances in the chain of title from that state to the appellees, such apparent legal title was absolutely void because, by the acts of Congress, the land was not subject to selection by the state, it being within the limits of the land grant to the Burlington g Missouri River Railroad Company, and reserved for homestead and preemption, but not for private entry. All the facts upon which that contention rested were matters of statute and record, and any defense to the apparent legal title created by them was available ...


Feb 15 1897

Burlington Gas Light Co. Vs. Burlington, C.R. and N. Ry. Co.

Court: US Supreme Court

Decided on: Feb-15-1897

Burlington Gas Light Co. v. Burlington, C.R. & N. Ry. Co. - 165 U.S. 370 (1897) U.S. Supreme Court Burlington Gas Light Co. v. Burlington, C.R. & N. Ry. Co., 165 U.S. 370 (1897) Burlington Gas Light Company v. Burlington, Cedar Rapids and Northern Railway Company No. 173 Argued January 26, 1897 Decided February 15, 1897 165 U.S. 370 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus The use of the land, the subject of this controversy, being a public use, and within the authority granted by the original reservation, the extent of that use is a matter for determination by the public authorities of Burlington, and cannot be restrained by an adjoining lot owner without reference to his right to compensation for the injury to his lots. On July 2, 1836, Congress passed an act, c. 263, 5 Stat. 70, directing the survey and platting of certain tracts of land in Iowa into towns, among others the town (now city) of Burlington; the work to be done under the direction of the su...


Feb 15 1897

United States Vs. Gorham

Court: US Supreme Court

Decided on: Feb-15-1897

United States v. Gorham - 165 U.S. 316 (1897) U.S. Supreme Court United States v. Gorham, 165 U.S. 316 (1897) United States v. Gorham No. 187 Argued January 28, 1897 Decided February 15, 1897 165 U.S. 316 APPEAL FROM THE COURT OF CLAIMS Syllabus Under the Indian Depredation Act of March 3, 1891, c. 538, 26 Stat. 851, judgment may be rendered against the United States alone when the tribe of Indians to which the depredators belong cannot be identified and such inability is stated. The appellee herein filed his petition against the United States and the Comanche and Kiowa Indians in the Court of Claims on the 4th day of September, 1891, in which he claimed to recover damages for the destruction of his property on the 20th day of January, 1868, by the Comanche and Kiowa Indians, in amity with the United States at Indian Creek, in Cooke County, Texas. The property destroyed consisted of horses, mares, and colts of the alleged value of $1,390. The government filed an answer to ...


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