Us Supreme Court Court April 1899 Judgments
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Auten Vs. United States Nat'l Bank of New York
Court: US Supreme Court
Decided on: Apr-24-1899
Auten v. United States Nat'l Bank of New York - 174 U.S. 125 (1899) U.S. Supreme Court Auten v. United States Nat'l Bank of New York, 174 U.S. 125 (1899) Auten v. United States National Bank of New York No. 206 Argued March 9, 1899 Decided April 24, 1899 174 U.S. 125 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In June, 1892, the United States National Bank of New York, by letter, solicited the business of the First National Bank of Little Rock, Arkansas. The latter, through its president, accepted the proposition and opened business by enclosing for discount, notes to a large amount. This business continued for some months, the discounted notes being taken up as maturing, until the Arkansas bank suspended payment, and went into the hands of a receiver. At that time, the New York bank held notes to a large amount, which it had acquired by discounting them from the Arkansas bank. These notes have been duly protested for nonpayment, and the payment of...
White Vs. Leovy
Court: US Supreme Court
Decided on: Apr-24-1899
White v. Leovy - 174 U.S. 91 (1899) U.S. Supreme Court White v. Leovy, 174 U.S. 91 (1899) White v. Leovy No. 232 Submitted April 8, 1899 Decided April 24, 1899 174 U.S. 91 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus From the statement of this case made by the Supreme Court of Louisiana in its opinion, quoted in the opinion of this Court, it is manifest that no federal question was passed upon by that court, but that its decision was put upon an independent ground, involving no federal question, and of itself sufficient to support the judgment below, and this Court therefore dismisses the writ of error. The case is stated in the opinion. MR. JUSTICE McKENNA delivered the opinion of the Court. This is an action of jactitation or slander of title, and is here on error from the Supreme Court of the State of Louisiana. A motion is made to dismiss for want of jurisdiction in this Court, on the ground that no federal question was decided. We think the motion s...
United States Vs. One Distillery
Court: US Supreme Court
Decided on: Apr-24-1899
United States v. One Distillery - 174 U.S. 149 (1899) U.S. Supreme Court United States v. One Distillery, 174 U.S. 149 (1899) United States v. One Distillery No. 190 Argued April 6, 1899 Decided April 24, 1899 174 U.S. 149 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus There was no proof in this case to overcome the denials in the original answer, and to show that the property seized by the Collector of Internal Revenue had been forfeited to the United States. The statement of the case will be found in the opinion of the Court. MR. JUSTICE HARLAN delivered the opinion of the court. This was an information filed November 13, 1888, in the District Court of the United States for the Southern district of California, to obtain a decree declaring that certain real and personal property which had been seized by a collector of internal revenue was forfeited to the United States. The information was based upon sections 3257, 3281...
American Refrigerator Transit Co. Vs. Hall
Court: US Supreme Court
Decided on: Apr-24-1899
American Refrigerator Transit Co. v. Hall - 174 U.S. 70 (1899) U.S. Supreme Court American Refrigerator Transit Co. v. Hall, 174 U.S. 70 (1899) American Refrigerator Transit Company v. Hall No. 226 Argued and submitted March 16, 1899 Decided April 24, 1899 174 U.S. 70 ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO Syllabus It having been settled by previous decisions of this Court that where a corporation of one state brings into another state, to use and employ, a portion of its movable property, it is legitimate for the latter state to impose upon such property thus used and employed its fair share of the burdens of taxation imposed upon similar property used in like way by its own citizens, it is now held that such a tax may be properly assessed and collected when the specific and individual items of property so used (railway cars) were not continuously the same, but were constantly changing according to the exigencies of the business, and that the tax may be fixed ...
Cosgrove Vs. Winney
Court: US Supreme Court
Decided on: Apr-24-1899
Cosgrove v. Winney - 174 U.S. 64 (1899) U.S. Supreme Court Cosgrove v. Winney, 174 U.S. 64 (1899) Cosgrove v. Winney No. 172 Submitted January 19, 1899 Decided April 24, 1899 174 U.S. 64 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus The appellant, a Canadian, was extradited from Canada under the extradition treaty between Great Britain and the United States, and, being brought before a police court of Detroit, was charged with larceny, gave bail for his appearance at the trial, and returned to Canada. Returning from Canada to Detroit voluntarily before the time fixed for trial, he was arrested on a capias issued from the District Court of the United States for the Eastern District of Michigan before his extradition, charging him with an offense for which be was not extraditable, and was taken into custody by the marshal of that district. He applied to the district court of the United States for a writ of habeas corpus, whi...
Holmes Vs. Hurst
Court: US Supreme Court
Decided on: Apr-24-1899
Holmes v. Hurst - 174 U.S. 82 (1899) U.S. Supreme Court Holmes v. Hurst, 174 U.S. 82 (1899) Holmes v. Hurst No. 124 Argued March 8, 1899 Decided April 24, 1899 174 U.S. 82 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The serial publication of a book in a monthly magazine, prior to any steps taken toward securing a copyright, is such a publication of the same within the meaning of the Act of February 3, 1831, c. 16, as to vitiate a copyright of the whole book, obtained subsequently, but prior to the publication of the book as an entirety. Page 174 U. S. 83 This was a bill in equity by the executor of the will of the late Dr. Oliver Wendell Holmes, praying for an injunction against the infringement of the copyright of a book originally published by plaintiff's testator under the title of "The Autocrat of the Breakfast Table." The case was tried upon an agreed statement of facts, the material portions of which are as follows: Dr. Holmes, the tes...
United States Vs. Dudley
Court: US Supreme Court
Decided on: Apr-19-1899
United States v. Dudley - 174 U.S. 670 (1899) U.S. Supreme Court United States v. Dudley, 174 U.S. 670 (1899) United States v. Dudley No. 108 Argued April 19, 1899 Decided May, 22, 1899 174 U.S. 670 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Sawed boards and plank, planed on one side and grooved, or tongued and grooved, should be classified under the Tariff Act of August 28, 1894, 28 Stat. 608, as dressed lumber, and admitted free of duty. This case originated in a petition filed in the Circuit Court of the Unites states for the District of Vermont for the review of a decision of the Board of General Appraisers to the effect that certain imports made by the petitioner into the port of Newport, of "sawed boards and plank, planed on one side, tongued and grooved," and entered as "dressed lumber," were not entitled to be admitted free of duty as "sawed boards, plank, deals and other lumber, rough or dressed," under the Tariff Act of August 28, ...
Security Trust Co. Vs. Dodd, Mead and Co.
Court: US Supreme Court
Decided on: Apr-11-1899
Security Trust Co. v. Dodd, Mead & Co. - 173 U.S. 624 (1899) U.S. Supreme Court Security Trust Co. v. Dodd, Mead & Co., 173 U.S. 624 (1899) Security Trust Co. v. Dodd, Mead & Co. No. 188 Argued and submitted January 28, 1899 Decided April 11, 1899 173 U.S. 624 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus With regard to the operation of a voluntary or common law assignment of his property by an insolvent debtor for the benefit of his creditors upon property situated in other states, there is a general consensus of opinion that it will be respected, except so far as it comes in conflict with the rights of local creditors, or with the laws or public policy of the state in which it is sought to be enforced. Page 173 U. S. 625 With respect to statutory assignments of the property of an insolvent debtor, the prevailing American doctrine is that a conveyance under a state insolvent law operates only upon property within the territory of that stat...
Kirby Vs. United States
Court: US Supreme Court
Decided on: Apr-11-1899
Kirby v. United States - 174 U.S. 47 (1899) U.S. Supreme Court Kirby v. United States, 174 U.S. 47 (1899) Kirby v. United States No. 164 Argued January 20, 1899 Decided April 11, 1899 174 U.S. 47 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA Syllabus On the trial of a person charged with feloniously receiving and having in his possession with intent to convert them to his own use postage stamps which had been feloniously stolen, taken, and carried away from a post office by three persons named, although the person so receiving them well knew that the same had been so feloniously taken, stolen and carried away, the judgment convicting the said three persons of stealing the said stamps was received in evidence against the accused under the provision in the Act of March 3, 1875, c. 144, 2, that such judgment "shall be conclusive evidence against said receiver, that the property of the United States therein described has been embezzled, stol...
Capital Traction Co. Vs. Hof
Court: US Supreme Court
Decided on: Apr-11-1899
Capital Traction Co. v. Hof - 174 U.S. 1 (1899) U.S. Supreme Court Capital Traction Co. v. Hof, 174 U.S. 1 (1899) Capital Traction Co. v. Hof No. 108 Argued January 5-6, 1899 Decided April 11, 1899 174 U.S. 1 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus This Court has jurisdiction to review by writ of error, under the Act of February 9, 1893, c. 74, 8, a judgment of the Court of Appeals of the District of Columbia maintaining the validity of proceedings for a trial by a jury before a justice of peace which were sought to be set aside on the ground that the act of Congress authorizing such a trial was unconstitutional. The provisions of the Constitution of the United States securing the right of trial by jury, whether in civil or in criminal cases, are applicable to the District of Columbia. By the Seventh Amendment to the Constitution, either party to an action at law (as distinguished from suits in equity and in admiralty) in a court of the United ...
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