Us Supreme Court Court March 1900 Judgments
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Carmichael Vs. Eberle
Court: US Supreme Court
Decided on: Mar-26-1900
Carmichael v. Eberle - 177 U.S. 63 (1900) U.S. Supreme Court Carmichael v. Eberle, 177 U.S. 63 (1900) Carmichael v. Eberle No. 168 Submitted March 5, 1900 Decided March 26, 1900 177 U.S. 63 ERROR TO AND APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus In the light of the various orders of the court below, this Court holds that a rehearing was not granted in this case, but that the motion for rehearing was permitted to be argued, and as that was heard before four of the judges of the court, and there was an equal division, it was denied; and, as the judgment of reversal was not a final judgment, the appeal must be dismissed. The statement of the case is in the opinion of the Court. MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. This was an action in ejectment brought in the District Court for the County of Socorro, in the Territory of New Mexico, which resulted in judgment against one of the defendants and in favor of the other defendant...
Jamestown and Northern R. Co. Vs. Jones
Court: US Supreme Court
Decided on: Mar-26-1900
Jamestown & Northern R. Co. v. Jones - 177 U.S. 125 (1900) U.S. Supreme Court Jamestown & Northern R. Co. v. Jones, 177 U.S. 125 (1900) Jamestown and Northern Railroad Company v. Jones No. 142 Argued February 1, 1900 Decided March 26, 1900 177 U.S. 125 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA Syllabus Under the Act of March 3, 1875, c. 152, "granting to the railroads the right of way through the public lands of tile United States," such grant to the plaintiff in error took effect upon the construction of its road. This suit was brought by plaintiff in error to have itself adjudged the owner of a right of way over the northwest quarter of section eight in township 141, of range 64, in the County of Stutsman, State of North Dakota. Its title rests upon the Act of Congress of March 3, 1875, entitled, "An Act Granting to Railroads the Right of Way through the Public Lands of the United States." The plaintiff was organized September 17, 1881, under the laws of...
Farmers Loan and Trust Co. Vs. Lake Street Elev. R. Co.
Court: US Supreme Court
Decided on: Mar-26-1900
Farmers Loan & Trust Co. v. Lake Street Elev. R. Co. - 177 U.S. 51 (1900) U.S. Supreme Court Farmers Loan & Trust Co. v. Lake Street Elev. R. Co., 177 U.S. 51 (1900) Farmers Loan and Trust Company v. Lake Street Elevated Railroad Co. No. 108 Argued January 19, 1900 Decided March 26, 1900 177 U.S. 51 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus A suit in equity is commenced by filing a bill of complaint, and this general rule prevails also by statute in Illinois. As between the immediate parties in a proceeding, in rem jurisdiction attaches when the bill is filed and the process has issued, and when that process is duly served in accordance with the rules of practice of the court. The possession of the res in case of conflict of jurisdiction vests the court which has first acquired jurisdiction with power to hear and determine all controversies relating thereto, and for the time being disables other courts of coordinate jurisdiction from exercising a l...
United States Vs. Elder
Court: US Supreme Court
Decided on: Mar-26-1900
United States v. Elder - 177 U.S. 104 (1900) U.S. Supreme Court United States v. Elder, 177 U.S. 104 (1900) United States v. Elder No. 35 Argued October 13, 16, 1899 Decided March 26, 1900 177 U.S. 104 APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus United States v. Ortiz, 176 U. S. 422 , affirmed and followed to the point that, in order to justify the confirmation of a claim under an alleged Mexican grant, under the Act of March 3, 1891, c. 539, 26 Stat. 854, it is essential that the claimants establish, by a preponderance of proof, the validity of their asserted title. The mere approval by the governor, endorsed on a petition presented to him for a grant, before a reference to ascertain the existence of the prerequisites to a grant, is not the equivalent of a grant. In order to vest an applicant under the regulations of 1828 with title in fee to public land, it was necessary that the grant should be evidenced by an act of the governor, clearly and unequivocally ...
Houston and Texas Central R. Co. Vs. Texas
Court: US Supreme Court
Decided on: Mar-26-1900
Houston & Texas Central R. Co. v. Texas - 177 U.S. 66 (1900) U.S. Supreme Court Houston & Texas Central R. Co. v. Texas, 177 U.S. 66 (1900) Houston and Texas Central Railroad Company v. Texas No. 81 Argued December 13-15, 1899 Decided March 26, 1900 177 U.S. 66 ERROR TO THE COURT OF CIVIL APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS Syllabus The federal character of a suit must appear in the plaintiff's own statement of his claim, and where a defense has been interposed the reply to which brings out matters of a federal nature, those matters thus brought out by the plaintiff do not form a part of his cause of action. The treasury warrants in question in this case cannot be said upon the evidence to have violated the Constitution of the United States, or of the State of Texas. A warrant, drawn by the authorities of a state in payment of an appropriation made by the legislature, payable upon presentation if there be funds in the treasury and issued ...
Potts Vs. Hollen
Court: US Supreme Court
Decided on: Mar-26-1900
Potts v. Hollen - 177 U.S. 365 (1900) U.S. Supreme Court Potts v. Hollen, 177 U.S. 365 (1900) Potts v. Hollen No. 143 Submitted February 1, 1900 Decided March 26, 1900 177 U.S. 365 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus For the reasons stated in the opinion in Black v. Jackson, ante, 177 U. S. 349 , the court holds that the issue of fact involving the right of possession of the premises in dispute could not properly be determined without the aid of a jury, unless a jury was waived, and that the case made by the plaintiff was not such as to entitle him to a mandatory injunction. This action was commenced by petition filed in the District Court for Kay County, Oklahoma Territory. The plaintiff Hollon, the appellee here, alleged that, on the Page 177 U. S. 366 13th day of October, 1893, he made a homestead entry of the southeast quarter of section 32, township 28 north, of range 3 east, I.M., in Perry Land District, Oklahoma Territory, which...
Black Vs. Jackson
Court: US Supreme Court
Decided on: Mar-26-1900
Black v. Jackson - 177 U.S. 349 (1900) U.S. Supreme Court Black v. Jackson, 177 U.S. 349 (1900) Black v. Jackson= No. 107 Submitted February 1, 1900 Decided March 26, 1900 177 U.S. 349 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus By a petition filed by Jackson against Black in the District Court of Kay County, Oklahoma Territory, the following case was made: on the 17th day of November, 1896, Jackson made a homestead entry upon the S.W. 1/2, sec. 26, T. 28, R. 2 east, I.M. The same land, prior to that, date had been embraced in a homestead entry made by Black, but that entry was finally held for cancellation by the Secretary of the Interior, who by a decision rendered October 26, 1896, denied Black's motion for review and allowed Jackson to make entry of the land. After that decision, Black continued to remain in possession of the west eighty acres of the tract, and refused and neglected to vacate the same, although requested to do so. He had upon the...
In Re Grossmayer
Court: US Supreme Court
Decided on: Mar-26-1900
In re Grossmayer - 177 U.S. 48 (1900) U.S. Supreme Court In re Grossmayer, 177 U.S. 48 (1900) In re Grossmayer No. 4 Submitted February 26, 1900 Decided March 26, 1900 177 U.S. 48 ORIGINAL Syllabus If the circuit court of the United States, after sufficient service on a defendant, erroneously declines to take jurisdiction of the case or to enter judgment therein, a writ of mandamus lies to compel it to proceed to a determination of the case, except where the authority to issue a writ of mandamus has been taken away by statute. Under articles 1223 and 1224 of the Revised Statutes of Texas of 1895, an action cannot be maintained against a partnership, consisting of citizens of other states, by service upon an agent within the state. The statement of the case will be found in the opinion of the Court. MR. JUSTICE GRAY delivered the opinion of the Court. This is a petition for a writ of mandamus to the District Judge of the United States for the Eastern District of Texas, ho...
Quackenbush Vs. United States
Court: US Supreme Court
Decided on: Mar-19-1900
Quackenbush v. United States - 177 U.S. 20 (1900) U.S. Supreme Court Quackenbush v. United States, 177 U.S. 20 (1900) Quackenbush v. United States No. 145 Argued February 1, 1900 Decided March 19, 1900 177 U.S. 20 APPEAL FROM THE COURT OF CLAIMS Syllabus The Act of February 18, 1897, c. 235, for the relief of Commander Quackenbush enacted "that the provisions of law regulating appointments in the Navy by promotion in the line, and limiting the number of commanders to be appointed in the United States naval service, are hereby suspended for the purpose of this act only, and only so far as they affect John N. Quackenbush, and the President of the United States is hereby authorized, in the exercise of his discretion and judgment, to nominate and, by and with the advice and consent of the Senate, to appoint said John N. Quackenbush, late a commander in the Navy of the United States, to the same grade and rank of commander in the United States Navy as of the date of August first...
Thorp Vs. Bonnifield
Court: US Supreme Court
Decided on: Mar-19-1900
Thorp v. Bonnifield - 177 U.S. 15 (1900) U.S. Supreme Court Thorp v. Bonnifield, 177 U.S. 15 (1900) Thorp v. Bonnifield Argued March 1, 1900 Decided March 19, 1900 177 U.S. 15 TRANSFERRED FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus When a defendant has, by his own action, reduced the judgment against him by a voluntary settlement and payment below the amount which is necessary in order to give this Court jurisdiction to review it, the real matter in dispute is only the balance still remaining due on the judgment, and the right of review in this Court is taken away. The Court, being satisfied that the amount in dispute in this case is less than the amount required by statute to give it jurisdiction, orders the writ dismissed for want of jurisdiction. The statement of case will be found in the opinion of the Court. MR. JUSTICE PECKHAM delivered the opinion of the Court. This case has been transferred from the United States Circuit Court of Appeals for ...
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