Us Supreme Court Court February 1899 Judgments
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New Orleans Vs. Quinlan
Court: US Supreme Court
Decided on: Feb-27-1899
New Orleans v. Quinlan - 173 U.S. 191 (1899) U.S. Supreme Court New Orleans v. Quinlan, 173 U.S. 191 (1899) New Orleans v. Quinlan No. 848 Submitted December 19, 1898 Decided February 27, 1899 173 U.S. 191 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus The Circuit Court of the United States for the Eastern District of Louisiana has jurisdiction of a suit brought in it by a citizen of New York to recover from the City of New Orleans on a number of certificates, payable to bearer, made by the city, although the petition contains no averment that the suit could have been maintained by the assignors of the claims or certificates sued upon. Newgass v. New Orleans, 33 F. 196, approved in holding that "A circuit court shall have no jurisdiction for the recovery of the contents of promissory notes or other choses in action brought in favor of assignees or transferees except over (1) suits upon foreign bills of exchange, (2) suits t...
Henrietta Mining and Milling Co. Vs. Johnson
Court: US Supreme Court
Decided on: Feb-27-1899
Henrietta Mining & Milling Co. v. Johnson - 173 U.S. 221 (1899) U.S. Supreme Court Henrietta Mining & Milling Co. v. Johnson, 173 U.S. 221 (1899) Henrietta Mining & Milling Company v. Johnson No. 189 Submitted January 18, 1899 Decided February 27, 1899 173 U.S. 221 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus Personal service of a summons, made in the Territory of Arizona upon the general manager of a foreign corporation doing business in that territory, is sufficient service under the laws of the territory to give its courts jurisdiction of the case. This was an action instituted by Johnson in the District Court of Yavapai county, Arizona, to obtain a judgment against, and to establish a lien upon, the property of the mining company, an Illinois corporation, for work and labor done and material furnished, and to fix the priority of such lien over certain other lienholders, who were also made defendants. The plaintiff, in an affidavit annexed to the c...
First National Bank of Wellington Vs. Chapman
Court: US Supreme Court
Decided on: Feb-27-1899
First National Bank of Wellington v. Chapman - 173 U.S. 205 (1899) U.S. Supreme Court First National Bank of Wellington v. Chapman, 173 U.S. 205 (1899) First National Bank of Wellington v. Chapman No. 187 Argued January 13, 16, 1899 Decided February 27, 1899 173 U.S. 205 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus The system of taxation adopted in Ohio was not intended to be unfriendly to, or to discriminate against owners of shares in national banks, and in its practical operation it does not materially do so, and there is nothing upon the face of these statutes which shows such discrimination. The term "moneyed capital" in the act of Congress fixing limits to state taxation on investments in national banks, Rev.Stat. 5219, does not include capital which does not come into competition with the business of national banks, and exemptions from taxation, made for reasons of public policy, and not as an unfriendly discrimination against investments in national ba...
Dewey Vs. Des Moines
Court: US Supreme Court
Decided on: Feb-27-1899
Dewey v. Des Moines - 173 U.S. 193 (1899) U.S. Supreme Court Dewey v. Des Moines, 173 U.S. 193 (1899) Dewey v. Des Moines No. 122 Argued January 11-12, 1899 Decided February 27, 1899 173 U.S. 193 ERROR TO THE SUPREME COURT OF THE. STATE OF IOWA Syllabus A resident in and citizen of Chicago, in Illinois, was the owner of certain lots in Des Moines, in Iowa, which were assessed by the municipal authorities in that place to an amount beyond their value for the purpose of paving the street upon which they abutted. The statutes of Iowa authorized a personal judgment against the owner in such cases. Page 173 U. S. 194 He filed a petition to have the assessment set aside, to obtain an injunction against further proceedings for the sale of the property, and to obtain a judgment that there was no personal liability against him for the excess. This petition contained no allegation attacking the validity of the assessment by reason of any violation of the federal Constitution, and t...
United States Vs. Johnson
Court: US Supreme Court
Decided on: Feb-27-1899
United States v. Johnson - 173 U.S. 363 (1899) U.S. Supreme Court United States v. Johnson, 173 U.S. 363 (1899) United States v. Johnson No. 59 Submitted November 10, 1899 Decided February 27, 1899 173 U.S. 363 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In proceedings taken by a district attorney of the United States, by order of the Attorney General at the request of the Secretary of War, and conducted under directions of the latter, to secure the condemnation of private lands within the limits of his district for the purpose of erecting Page 173 U. S. 364 fortifications thereon for the use of the United States, he is performing his official duties as district attorney of the United States, and is not entitled to any extra or special compensation for them. The case is stated in the opinion. MR. JUSTICE HARLAN delivered the opinion of the Court. In the Circuit Court of he United States for the Eastern District of New York, a judgment ...
Ohio Vs. Thomas
Court: US Supreme Court
Decided on: Feb-27-1899
Ohio v. Thomas - 173 U.S. 276 (1899) U.S. Supreme Court Ohio v. Thomas, 173 U.S. 276 (1899) Ohio v. Thomas No. 853 Argued and submitted January 10, 1899 Decided February 27, 1899 173 U.S. 276 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In making provision for feeding the inmates of the soldiers' home in Ohio in accordance with the legislation of Congress in that respect and under the direction of the board of managers, the governor of the house is engaged in the internal administration of a federal institution, and the state legislature has no constitutional power to interfere with the management which is provided for it by Congress, nor with the provisions made by Congress for furnishing food to the inmates, nor does the police power of the state enable it to prohibit or regulate the furnishing of any Page 173 U. S. 277 article of food approved by the officers of the home, by the board of managers, and by Congress. Federal officers who are di...
Lomax Vs. Pickering
Court: US Supreme Court
Decided on: Feb-20-1899
Lomax v. Pickering - 173 U.S. 26 (1899) U.S. Supreme Court Lomax v. Pickering, 173 U.S. 26 (1899) Lomax v. Pickering No. 128 Submitted January 12, 1899 Decided February 20, 1899 173 U.S. 26 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus A record in the Department at Washington of the approval by the President of a deed made by an Indian to convey lands held by him subject to the provision in the Treaty of Prairie du Chien that it was never to be leased or conveyed without the permission of the President is notice to all concerned from the time it was made, and is similar in effect, to a patent issued by the President for lands that belong to the government which is not required to be recorded in the county where the land is located. The recording of a deed of such land, made without previous approval of the President, is notice of the grantee's title to subsequent purchasers; and, when approved, operates to divest the title of the grantor as against a subsequ...
Calhoun Vs. Violet
Court: US Supreme Court
Decided on: Feb-20-1899
Calhoun v. Violet - 173 U.S. 60 (1899) U.S. Supreme Court Calhoun v. Violet, 173 U.S. 60 (1899) Calhoun v. Violet No. 180 Submitted January 20, 1899 Decided February 20, 1899 173 U.S. 60 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus The provisions in the Act of March 2, 1889, c. 412, 25 Stat. 980, 1005, with regard to honorably discharged Union soldiers and sailors were intended only to give them an equal right with others to acquire a homestead within the territory described by the act, but did not operate to relieve them from the general restriction as to going into the territory imposed upon all persons by the provisions of the act. The case is stated in the opinion. MR. JUSTICE WHITE delivered the opinion of the Court. The plaintiff sued to recover a described piece of land upon the assumption that the defendant held it in trust for him. The prayer of the petition was that the trust be recognized and the defendant be decreed to make conveyance o...
Sioux City Terminal R. and W. Co. Vs. Trust Co.
Court: US Supreme Court
Decided on: Feb-20-1899
Sioux City Terminal R. & W. Co. v. Trust Co. - 173 U.S. 99 (1899) U.S. Supreme Court Sioux City Terminal R. & W. Co. v. Trust Co., 173 U.S. 99 (1899) Sioux City Terminal Railroad and Warehouse Company v. Trust Company of North America No. 192 Argued January 23-24, 1899 Decided February 20, 1899 173 U.S. 99 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The Supreme Court of Iowa having repeatedly decided that in that state the fact that a corporation of Iowa contracts a debt in excess of its charter or statutory limitation does not render the debt void, but, on the contrary, such debt is merely voidable, and is enforceable against the corporation and those holding under it, and gives rise only to a right of action on the part of the state because of the violation of the statute, or entails a liability on the officers of the corporation for the excessive Page 173 U. S. 100 debts so contracted, this Court holds itself bound by those decisions, wi...
Lake County Commissioners Vs. Dudley
Court: US Supreme Court
Decided on: Feb-20-1899
Lake County Commissioners v. Dudley - 173 U.S. 243 (1899) U.S. Supreme Court Lake County Commissioners v. Dudley, 173 U.S. 243 (1899) Lake County Commissioners v. Dudley No. 177 Argued December 14-15, 1898 Decided February 20, 1899 173 U.S. 243 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The instruments sued on in this case being payable to bearer, and having been made by a corporation, are expressly excepted by the Judiciary Act of August 13, 1888, c. 866, from the general rule prescribed is it that an assignee or subsequent holder of a promissory note or chose in action could not sue in a circuit or district court of the United States unless his assignor or transferor could have sued in such court. From the evidence of Dudley himself, the plaintiff below, it is clear that he does not own any of the coupons sued on, and that his name is being used with his own consent, to give jurisdiction to the circuit court to render judgment for persons ...
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