Us Supreme Court Court January 1899 Judgments
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Marshall Vs. Burtis
Court: US Supreme Court
Decided on: Jan-30-1899
Marshall v. Burtis - 172 U.S. 630 (1899) U.S. Supreme Court Marshall v. Burtis, 172 U.S. 630 (1899) Marshall v. Burtis No. 118 Submitted January 10, 1899 Decided January 30, 1899 172 U.S. 630 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus As there was no finding of facts by the courts below, and no statement of facts in the nature of a special verdict, this Court must assume that the judgment of the court below was justified by the evidence, and affirm the judgment of the Supreme Court. Page 172 U. S. 631 The case is stated in the opinion. MR. JUSTICE McKENNA delivered the opinion of the court. This is a suit to quiet title to a lot in the City of Phoenix, Arizona described as "lot 8 in block 1 in Neahr's Addition" to said city. The appellee was plaintiff in the court below, and the appellant was defendant, and we shall so designate them. The plaintiff alleged that he was in possession as owner in fee, deriving it from one Friday Neahr, commonly kn...
Hoeninghaus Vs. United States
Court: US Supreme Court
Decided on: Jan-30-1899
Hoeninghaus v. United States - 172 U.S. 622 (1899) U.S. Supreme Court Hoeninghaus v. United States, 172 U.S. 622 (1899) Hoeninghaus v. United States No. 341 Argued January 11, 1899 Decided January 30, 1899 172 U.S. 622 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under the provisions of paragraph 387 of the Act of July 24, 1897, and section 7 of the Act of June 10, 1890, as amended by section 32 of the Act of July 24, 1897, the merchandise in suit, being certain woven fabrics in the piece composed of silk and cotton, was subject to an ad valorem duty or to a duty based upon or regulated by the value thereof. An additional duty of one percentum of the total appraised value of such merchandise for each one percentum that such appraised value exceeded Page 172 U. S. 623 the value declared in the entry, as applied to the particular article in such invoice so undervalued, accrued according to the provisions of section 7 of the Act of June 10,...
Connecticut Mut. Life Ins. Co. Vs. Spratley
Court: US Supreme Court
Decided on: Jan-30-1899
Connecticut Mut. Life Ins. Co. v. Spratley - 172 U.S. 602 (1899) U.S. Supreme Court Connecticut Mut. Life Ins. Co. v. Spratley, 172 U.S. 602 (1899) Connecticut Mutual Life Insurance Company v. Spratley No. 183 Submitted January 3, 1899 Decided January 30, 1899 172 U.S. 602 ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE Syllabus In a suit in a state court against a foreign corporation where no property of the corporation is within the state, and the judgment sought is a personal one, it is material to ascertain whether the corporation is doing Page 172 U. S. 603 business within the state, and if so, the service of process must be upon some agent in the state so far representing it that he may properly be held in law its agent to receive such process in its behalf. A foreign insurance company which has been doing business within a state through its agents does not cease to do business therein when it withdraws its agent and ceases to obtain or ask for new risks or ob...
First National Bank of Grand Forks Vs. Anderson
Court: US Supreme Court
Decided on: Jan-28-1899
First National Bank of Grand Forks v. Anderson - 172 U.S. 573 (1899) U.S. Supreme Court First National Bank of Grand Forks v. Anderson, 172 U.S. 573 (1899) First National Bank of Grand Forks v. Anderson No. 228 Submitted January 3, 1899 Decided January 28, 1899 172 U.S. 573 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA Syllabus The motion in this case to dismiss or affirm was founded upon the allegation that the judgment of the supreme court of the state rested on two grounds, one of which, broad enough in itself to sustain the judgment, involved no federal question. This Court, while declining to sustain the motion to dismiss, holds that there was color for it, and takes jurisdiction of the motion to affirm. A national bank which, being authorized by the owner of notes in its possession to sell them to a third party, purchases them itself and converts them to its own use, is liable to their owner for their value, as for a conversion, even though it was not withi...
United States Vs. Duell
Court: US Supreme Court
Decided on: Jan-23-1899
United States v. Duell - 172 U.S. 576 (1899) U.S. Supreme Court United States v. Duell, 172 U.S. 576 (1899) United States v. Duell No. 444 Argued December 2, 1898 Decided January 23, 1899 172 U.S. 576 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus An appeal to the Court of Appeals of the District of Columbia from the decision of the Commissioner of Patents in an interference controversy presents all the features of a civil case, a plaintiff, a defendant and a judge, and deals with a question judicial in its nature, in respect of which the judgment of the court is final so far as the particular action of the Patent Office is concerned, and such judgment is nonetheless a judgment because its effect may be to aid an administrative or executive body in the performance of duties legally imposed upon it by Congress in execution of a power granted by the Constitution. In deciding whether a patent shall issue or not, the Commissioner of Patents acts on evidence...
United States Vs. Harsha
Court: US Supreme Court
Decided on: Jan-23-1899
United States v. Harsha - 172 U.S. 567 (1899) U.S. Supreme Court United States v. Harsha, 172 U.S. 567 (1899) United States v. Harsha No. 197 Submitted January 11, 1899 Decided January 23, 1899 172 U.S. 567 CERTIFICATE FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus A judgment of a circuit or district court of the United States for the plaintiff in an action at law under the Act of March 3, 1887, c. 359, 24 Stat. 605, is reviewable by the circuit court of appeals upon writ of error. The provision of the Act of July 31, 1894, c. 174, 2, 28 Stat. 162, 205, that "no person who holds an office the salary or annual compensation of which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached" does not, ex proprio vigore, create a vacancy in the office of clerk of a circuit court of the United States by reason of the fact that, at the time of its taking effect, th...
Northern Pacific Ry. Co. Vs. Myers
Court: US Supreme Court
Decided on: Jan-23-1899
Northern Pacific Ry. Co. v. Myers - 172 U.S. 589 (1899) U.S. Supreme Court Northern Pacific Ry. Co. v. Myers, 172 U.S. 589 (1899) Northern Pacific Railway Company v. Myers No. 214 Argued October 21, 1898 Decided January 23, 1899 172 U.S. 589 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus This bill was filed to enjoin the enforcement of a tax, imposed under the laws of Montana, upon lands granted by Congress by the Act of July 2, 1864, c. 217, to the Northern Pacific Railroad Company, and acquired by the appellant on the reorganization of the company. There was a controversy as to the character of the lands taxed -- whether mineral or nonmineral. The lands have never been patented or certified to the company; the company claimed that it had only a potential interest therein, and the relief sought was that the lands be adjudged not subject to such assessment and taxation until the issue of patents therefor by the United States. It was stipulated in th...
Chappell Chem. and Fert. Co. Vs. Sulphur Mines Co.
Court: US Supreme Court
Decided on: Jan-09-1899
Chappell Chem. & Fert. Co. v. Sulphur Mines Co. - 172 U.S. 474 (1899) U.S. Supreme Court Chappell Chem. & Fert. Co. v. Sulphur Mines Co. , 172 U.S. 474 (1899) Chappell Chemical and Fertilizer Company v. Sulphur Mines Company (No. 3) Argued December 16, 1898 Decided January 9, 1899 172 U.S. 474 ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND Syllabus The claim made in the court below that the provision in the Constitution of Maryland which abridged the right of trial by jury in the courts of the City of Baltimore, without making a similar provision for the counties of the state denied to litigants of the city the equal protection of the laws, is not tenable. The record does not contain the petition for the removal of this case from the state court to the Circuit Court of the United States, nor disclose the grounds on which it was founded, and this Court does not pass upon the question whether the state court lost jurisdiction by reason of it. This cause was argued w...
Pittsburgh, C., C. and St. L. Ry. Co. Vs. L.i. Loan and Trust Co.
Court: US Supreme Court
Decided on: Jan-09-1899
Pittsburgh, C., C. & St. L. Ry. Co. v. L.I. Loan & Trust Co. - 172 U.S. 493 (1899) U.S. Supreme Court Pittsburgh, C., C. & St. L. Ry. Co. v. L.I. Loan & Trust Co., 172 U.S. 493 (1899) Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company v. Long Island Loan and Trust Company No. 16 Argued April 11-12, 1898 Decided January 9, 1899 172 U.S. 493 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus In view of the statute giving this Court authority to reexamine the final judgment of the highest court of a state, denying a right specially set up or claimed under an authority exercised under the United States, this Court has jurisdiction to inquire whether due effect was accorded to the Page 172 U. S. 494 foreclosure proceedings in the circuit courts of the United States under which the plaintiff in error claims title to the lands and property in question in this suit. Under the circumstances stated in the finding of facts, Lynde acquired a good title (as between ...
Chappell Chem. and Fert. Co. Vs. Sulphur Mines Co.
Court: US Supreme Court
Decided on: Jan-09-1899
Chappell Chem. & Fert. Co. v. Sulphur Mines Co. - 172 U.S. 472 (1899) U.S. Supreme Court Chappell Chem. & Fert. Co. v. Sulphur Mines Co. , 172 U.S. 472 (1899) Chappell Chemical and Fertilizer Company v. Sulphur Mines Company (No. 2) No. 92 Argued December 16, 1898 Decided January 9, 1899 172 U.S. 472 ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND Syllabus The Court of Appeals of Maryland, in dismissing this case, said: "The defendant, long after the time fixed by the rule of court, demanded a jury trial, and, without waiting for the action of the court upon his motion, and indeed before there was any trial of the case upon its merits and before any judgment, final or otherwise, was rendered, this appeal was taken from what the order of appeal calls the order of court of the 6th of February, 1896, denying the defendant the right of a jury trial; but no such order appears to have been passed. On the day mentioned in the order of appeal, there was an order pa...
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