Us Supreme Court Court May 1897 Judgments
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Rio Arriba Land and Cattle Co. Vs. United States
Court: US Supreme Court
Decided on: May-24-1897
Rio Arriba Land & Cattle Co. v. United States - 167 U.S. 298 (1897) U.S. Supreme Court Rio Arriba Land & Cattle Co. v. United States, 167 U.S. 298 (1897) Rio Arriba Land and Cattle Company v. United States No. 195 Argued March 9-10, 1897 Decided May 24, 1897 167 U.S. 298 APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus In the grant which forms the subject of controversy in this case, the Spanish governor did not intend to grant nearly 500,000 acres to the applicants, in common, and the alcalde did not so understand it, but delivered juridical possession only of the various allotments made to petitioners in severalty. United States v. Sandoval, 167 U. S. 278 followed, that, as to all such unallotted lands within exterior boundaries, where towns or communities were sought to be formed, the title remained in the government for such disposition as it might see proper to make. Page 167 U. S. 299 The fact that Congress may have confirmed similar grants cannot operate to ...
Louisiana Vs. New Orleans
Court: US Supreme Court
Decided on: May-24-1897
Louisiana v. New Orleans - 167 U.S. 407 (1897) U.S. Supreme Court Louisiana v. New Orleans, 167 U.S. 407 (1897) Louisiana v. New Orleans No. 483 Argued January 15, 18, 1897 Decided May 24, 1897 167 U.S. 407 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus New Orleans v. Citizens' Bank, 167 U.S. 871, affirmed and followed. The case is stated in the opinion. The case was argued with New Orleans v. Citizens' Bank, ante, 167 U. S. 371 , as one case. Page 167 U. S. 408 MR. JUSTICE WHITE delivered the opinion of the Court. The reasons given for our decree in the case of New Orleans v. Citizens' Bank, just decided, are decisive of this cause, which comes on error to the Supreme Court of the State of Louisiana. The controversy presented to that court was whether property bought in by the Citizens' Bank under foreclosure of its stock and stock loan mortgages became a part of its capital, and as such was not liable to taxation. The Supreme Court of Louisiana he...
Merchants' and Manufacturers' Bank Vs. Pennsylvania
Court: US Supreme Court
Decided on: May-24-1897
Merchants' & Manufacturers' Bank v. Pennsylvania - 167 U.S. 461 (1897) U.S. Supreme Court Merchants' & Manufacturers' Bank v. Pennsylvania, 167 U.S. 461 (1897) Merchants' and Manufacturers' Bank v. Pennsylvania No. 301 Argued April 28-29, 1897 Decided May 24, 1897 167 U.S. 461 ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA Syllabus The decision of the Supreme Court of Pennsylvania that the Act of June 8, 1891, in respect of the taxation of national banks does not conflict with the Constitution of that state is conclusive in this Court. There is no lack of uniformity of taxation under that act which renders it obnoxious to that part of the Fourteenth Amendment to the federal Constitution which forbids a state to "deny to any person within its jurisdiction the equal protection of the laws," as the right of election which, if not availed of by all, may produce an inequality, is offered to all. That act treats state banks and national banks alike, gives to each the s...
Whitney Vs. United States
Court: US Supreme Court
Decided on: May-24-1897
Whitney v. United States - 167 U.S. 529 (1897) U.S. Supreme Court Whitney v. United States, 167 U.S. 529 (1897) Whitney v. United States No. 271 Argued April 9, 1897 Decided May 24, 1897 167 U.S. 529 APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus The claimants have not made out their case by a fair preponderance of evidence, or such weight of testimony as is necessary to establish their title to this large tract of land. This was a petition by Joel Parker Whitney and others filed in the Court of Private Land Claims for the confirmation of what is commonly known and called the "Canyada de Cochiti Grant," containing over 100,000 acres, and situated on the Rio Grande River in the County of Bernalillo, Territory of New Mexico. On the day following, Manuel Hurtado and Jose Antonio Gallego filed a suit against the United States for the confirmation of the same land, claiming under the same title. It appearing to the court that these two suits were for the same property an...
Hedrick Vs. Atchison, Topeka and Santa Fe R. Co.
Court: US Supreme Court
Decided on: May-24-1897
Hedrick v. Atchison, Topeka & Santa Fe R. Co. - 167 U.S. 673 (1897) U.S. Supreme Court Hedrick v. Atchison, Topeka & Santa Fe R. Co., 167 U.S. 673 (1897) Hedrick v. Atchison, Topeka & Santa Fe Railroad Company No. 154 Argued January 14, 1897 Decided May 24, 1897 167 U.S. 673 ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus F. located a bounty land warrant on the west half of range 14, with which he was acquainted. The land office, knowing his purpose and intending to comply with it, by mistake and oversight entered the location as of the half of range 17 instead of range 14. F., being ignorant of the mistake, entered upon the half of range 14 which he had thus located, took possession of it, paid taxes on it, and sold it. His grantees and their successors paid taxes on it, occupied it, and exercised acts of ownership over it. H., by his agent W., who knew all these facts, applied to enter the tract in range 14 so intended to be located by F. and received a paten...
Peck Vs. Heurich
Court: US Supreme Court
Decided on: May-24-1897
Peck v. Heurich - 167 U.S. 624 (1897) U.S. Supreme Court Peck v. Heurich, 167 U.S. 624 (1897) Peck v. Heurich No. 289 Argued April 26-27, 1897 Decided May 24, 1897 167 U.S. 624 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA A judgment cannot be affirmed upon a ground not taken at the trial unless it is made clear beyond doubt that this could not prejudice the rights of the plaintiff in error. Page 167 U. S. 625 By the common law, prevailing in the District of Columbia, an agreement by an attorney at law to prosecute at his own expense, a suit to recover land in which he personally has and claims no title or interest, present or contingent, in consideration of receiving a certain proportion of what he may recover is unlawful and void for champerty. A deed conveying lands in the District of Columbia to an attorney at law and another person in trust that the grantees should sue for, take possession of, and sell the lands, and that the attorney should retain one-th...
Menotti Vs. Dillon
Court: US Supreme Court
Decided on: May-24-1897
Menotti v. Dillon - 167 U.S. 703 (1897) U.S. Supreme Court Menotti v. Dillon, 167 U.S. 703 (1897) Menotti v. Dillon No. 309 Submitted April 28, 1897 Decided May 24, 1897 167 U.S. 703 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus The land in controversy, being 240 acres situated in California, was settled upon and improved in good faith by H. in 1858, with the intention of taking at the proper time, the necessary steps to acquire the title thereto from the United States by procuring its location in part satisfaction of the grant made by the United States to the State of California of 500,900 acres of land, and then of purchasing the land in question from the state. In June, 1864, H., in proper form, made application to the state, under the act of California approved April 27, 1863, for the sale of certain lands, to locate this land as a "lieu school land location," and to purchase it from the state. This application and offer to purchase were approved by the...
United States Vs. Sandoval
Court: US Supreme Court
Decided on: May-24-1897
United States v. Sandoval - 167 U.S. 278 (1897) U.S. Supreme Court United States v. Sandoval, 167 U.S. 278 (1897) United States v. Sandoval Nos. 205, 599 Argued March 9-10, 1897 Decided May 24, 1897 167 U.S. 278 APPEALS FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus Under the laws of the Indies, lands not actually allotted to settlers remained the property of the king, to be disposed of by him or by those on whom he might confer that power, and as at the date of the Treaty of Guadalupe Hidalgo, neither the municipalities nor the settlers within them, whose rights are the subject of controversy in these suits, could have demanded the legal title of the former government, the Court of Private Land Claims was not empowered to pass the title to either, but it is for the political department of the government to deal with any equitable rights which may be involved. United States v. Santa Fe, 165 U. S. 175 , involved the same considerations in its disposition as those presented...
New Orleans Vs. Citizens' Bank
Court: US Supreme Court
Decided on: May-24-1897
New Orleans v. Citizens' Bank - 167 U.S. 371 (1897) U.S. Supreme Court New Orleans v. Citizens' Bank, 167 U.S. 371 (1897) New Orleans v. Citizens' Bank No. 108 Argued January 15, 18, 1897 Decided May 24, 1897 167 U.S. 371 APPEAL FROM THE CIRCUIT COURT FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus By the Act of January 30, 1836, the Legislature of Louisiana exempted the capital of the Citizens' Bank in New Orleans from taxation. The two judgments of the District Court of New Orleans between the bank and the city, which are set forth in the opinion of this Court, hold that Page 167 U. S. 372 this exemption continued after the expiration of the original charter and during its extension, and as they were made upon identically the same facts and circumstances as those here presented, they are res judicata, conclusive upon the parties, and estop the city from attempting to enforce such taxes. The exemption of the capital of a corporation from taxation does not necessarily ...
Parsons Vs. Chicago and Northwestern Ry. Co.
Court: US Supreme Court
Decided on: May-24-1897
Parsons v. Chicago & Northwestern Ry. Co. - 167 U.S. 447 (1897) U.S. Supreme Court Parsons v. Chicago & Northwestern Ry. Co., 167 U.S. 447 (1897) Parsons v. Chicago and Northwestern Railway Company No. 198 Argued March 8-9, 1897 Decided May 24, 1897 167 U.S. 447 ERROR TO THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The right of a shipper of goods over a railway, who pays to the railroad company reasonable rates for the transportation of the goods to the place of destination, to recover from such company the excess of such payment over the rates charged to shippers of similar goods to the same destination from another place of shipment of the same or greater distance from it is a right growing out of the Interstate Commerce Act, and, being in the nature of a penalty, can be enforced only by strict proof, showing clearly and directly the violations complained of. The portion of a through rate received by one of several railway companies transporting the goods as inte...
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