Us Supreme Court Court April 1900 Judgments
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Shoshone Mining Co. Vs. Rutter
Court: US Supreme Court
Decided on: Apr-30-1900
Shoshone Mining Co. v. Rutter - 177 U.S. 505 (1900) U.S. Supreme Court Shoshone Mining Co. v. Rutter, 177 U.S. 505 (1900) Shoshone Mining Co. v. Rutter No. 208 Argued March 21, 1900 Decided April 30, 1900 177 U.S. 505 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A suit brought in support of an adverse claim under Rev.Stat. 2325, 2326, is not a suit arising under the laws of the United States in such a sense as to confer jurisdiction on a federal court, regardless of the citizenship of the parties. Blackburn v. Portland Gold Mining Co., 175 U. S. 571 , reexamined and affirmed to this point. Although suits like the present one may sometimes so present questions arising under the Constitution or laws of the United States that a federal court will have jurisdiction, yet the mere fact that a suit is an adverse suit, authorized by the statutes of Congress, is not, in and of itself, sufficient to vest jurisdiction in the federal courts. The case is...
Los Angeles Vs. Los Angeles City Water Co.
Court: US Supreme Court
Decided on: Apr-30-1900
Los Angeles v. Los Angeles City Water Co. - 177 U.S. 558 (1900) U.S. Supreme Court Los Angeles v. Los Angeles City Water Co., 177 U.S. 558 (1900) Los Angeles v. Los Angeles City Water Company No. 148 Submitted March 15, 1900 Decided April 30, 1900 177 U.S. 558 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus July 22, 1868, Los Angeles City leased to Griffin and others for a named sum its water works for a term of 30 years and granted them the right to lay pipes in the street, and to take the water from the Los Angeles River at a point above the dam then existing, and to sell and distribute it to the inhabitants of the city, reserving the right to regulate the water rates, provided that they should not be reduced to less than those then charged Page 177 U. S. 559 by the lessees. The lessees agreed to pay a fixed rental, to erect hydrants and furnish water for public uses without charge, and at the expiration of the term to...
Tennessee Vs. Virginia
Court: US Supreme Court
Decided on: Apr-30-1900
Tennessee v. Virginia - 177 U.S. 501 (1900) U.S. Supreme Court Tennessee v. Virginia, 177 U.S. 501 (1900) Tennessee v. Virginia No. 11, original Submitted April 17, 1900 Decided April 30, 1900 177 U.S. 501 ORIGINAL Syllabus A decree is entered, ordering the appointment of commissioners to ascertain, retrace, remark and reestablish the boundary line between the States of Virginia and Tennessee, as established by the decree of this Court in Virginia v. Tennessee, 148 U. S. 503 , but without authority to run or establish any other or new line. On the 16th day of April, 1900, the State pf Tennessee, having obtained leave so to do, filed its bill of complaint against the State of Virginia, setting forth the result of the suit of Virginia v. Tennessee, 148 U. S. 503 , establishing the boundary line between the two states; that a subsequent attempt made to have the line run according to the decree in that suit had failed because the power of the Court over the original cause...
Daggs Vs. Phoenix National Bank
Court: US Supreme Court
Decided on: Apr-30-1900
Daggs v. Phoenix National Bank - 177 U.S. 549 (1900) U.S. Supreme Court Daggs v. Phoenix National Bank, 177 U.S. 549 (1900) Daggs v. Phoenix National Bank No. 138 Submitted January 30, 1900 Decided April 30, 1900 177 U.S. 549 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus In the provision in Rev.Stat. 5197 that, when no rate of interest "is fixed by the laws of the state, or Territory, or District " in which a bank is situated, it "may take, receive, reserve or charge a rate not exceeding seven percent," the words "fixed by the laws " must be construed to mean " allowed by the laws." This cause embraces three suits brought by the Phoenix National Bank against A. J. and R. E. Daggs, defendants in error. They were respectively numbered 2554, 2555, and 2556, and were consolidated by stipulations of the parties. They were brought to recover on three promissory notes, aggregating the sum of $9,741.73 signed by A. J. Daggs, one of the appellants. Each note ...
John Bad Elk Vs. United States
Court: US Supreme Court
Decided on: Apr-30-1900
John Bad Elk v. United States - 177 U.S. 529 (1900) U.S. Supreme Court John Bad Elk v. United States, 177 U.S. 529 (1900) John Bad Elk v. United States No. 350 Submitted February 26, 1900 Decided April 30, 1900 177 U.S. 529 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA Syllabus Three policemen in South Dakota attempted, under verbal orders, to arrest another policeman for an alleged violation of law when no charge had been formally made against him and no warrant had issued for his arrest. Those attempting to make the arrest carried arms, and when he refused to go, they tried to oblige him to do so by force. He fired and killed one of them. He was arrested, tried for murder, and convicted. The court charged the jury: "The deceased, John Kills Back, had been ordered to arrest the defendant; hence he had a right to go and make the attempt to arrest the defendant. The defendant had no right to resist him. It is claimed on the part of the de...
De Lamar's Nevada Gold Mining Co. Vs. Nesbitt
Court: US Supreme Court
Decided on: Apr-30-1900
De Lamar's Nevada Gold Mining Co. v. Nesbitt - 177 U.S. 523 (1900) U.S. Supreme Court De Lamar's Nevada Gold Mining Co. v. Nesbitt, 177 U.S. 523 (1900) De Lamar's Nevada Gold Mining Company v. Nesbitt No. 152 Argued March 1, 1900 Decided April 30, 1900 177 U.S. 523 ERROR TO THE SUPREME COURT OF THE STATE OF NEVADA Syllabus The fact that, in a state court, plaintiff and defendant make adverse claims to a mining location under the mining laws of the United States (Rev.Stat. 2325) does not, of itself, present a federal question within the meaning of Rev.Stat. 709. Page 177 U. S. 524 Where the plaintiff based his right to recover upon an act of Congress suspending the forfeiture of mining claims for failure to do the required amount of work, and the decision of the court was in favor of the right claimed by him under this statute, the defendant is not entitled to a writ of error from this Court to review such finding. This was a suit begun in the District Court for the Four...
Apache County Vs. Barth
Court: US Supreme Court
Decided on: Apr-30-1900
Apache County v. Barth - 177 U.S. 538 (1900) U.S. Supreme Court Apache County v. Barth, 177 U.S. 538 (1900) Apache County v. Barth No. 181 Submitted March 13, 1900 Decided April 30, 1900 177 U.S. 538 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus In an action at common law to recover from a municipal organization upon a warranty issued by it, when the defendant denies the execution of it, and sets up that it is a forgery, the plaintiff, in order to be entitled to put the instrument in evidence, and thereby make a prima facie case, would be compelled to prove its execution. The Revised Statutes of Arizona of 1887, provide: "735. (Sec. 87.) Any answer setting up any of the following matters, unless the truth of the pleadings appear of record, shall be verified by affidavit --" " * * * *" "8. A denial of the execution by himself or by his authority of any instrument in writing upon which any pleading is founded, in whole or in part, and charged to ha...
Carter Vs. Roberts
Court: US Supreme Court
Decided on: Apr-23-1900
Carter v. Roberts - 177 U.S. 496 (1900) U.S. Supreme Court Carter v. Roberts, 177 U.S. 496 (1900) Carter v. Roberts No. 570 Submitted April 9, 1900 Decided April 23, 1900 177 U.S. 496 APPEAL FROM AND ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Captain Carter, of the corps of engineers, in the army of the United States, was duly and regularly tried before a legally convened court-martial, was found guilty of the charges made against him, and was sentenced to dismissal; to be fined; to be imprisoned, and to publication of crime and punishment, and the sentence was duly approved and confirmed. On a motion in his behalf, the United States Circuit Court for the Second Circuit issued a writ of habeas corpus, to inquire into the matter, which resulted in the dismissal of the writ, and the remanding of Carter to custody. He took an appeal to the Circuit Court of Appeals for the Second Circuit, which affirmed the judgment below, and...
Mast, Foos and Co. Vs. Stover Manufacturing Co.
Court: US Supreme Court
Decided on: Apr-23-1900
Mast, Foos & Co. v. Stover Manufacturing Co. - 177 U.S. 485 (1900) U.S. Supreme Court Mast, Foos & Co. v. Stover Manufacturing Co., 177 U.S. 485 (1900) Mast, Foos & Co. v. Stover Manufacturing Company No. 149 Argued February 1-2, 1800 Decided April 23, 1900 177 U.S. 485 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus There is no obligation on the part of courts in patent causes to follow the prior adjudications of other courts of coordinate jurisdiction, particularly if new testimony be introduced varying the issue presented to the prior court. Comity is not a rule of law, but one of practice, convenience and expediency. It requires of no court to abdicate its individual judgment, and is applicable only where, in its own mind, there may be a doubt as to the soundness of its views. Patent No. 433,031, granted to Mast, Foos & Company upon the application of Samuel W. Martin, for an improvement in windmills was anticipated by prior devices, and is ...
WerleIn Vs. New Orleans
Court: US Supreme Court
Decided on: Apr-16-1900
Werlein v. New Orleans - 177 U.S. 390 (1900) U.S. Supreme Court Werlein v. New Orleans, 177 U.S. 390 (1900) Werlein v. New Orleans No. 189 Argued March 16, 1900 Decided April 16, 1900 177 U.S. 390 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus The City of New Orleans commenced an action in March, 1895, in the Civil District Court for the Parish of Orleans, in Louisiana, to recover from Werlein a tract of land of which he was in possession, having acquired title under the following circumstances: in March, 1876, one Klein commenced an action against the city, to recover principal and interest on certain city bonds, and obtained judgment for the same in 1876. Under a writ of fieri facias, real estate of the city was seized to satisfy the judgment, and was advertised for sale. The city commenced a suit against Klein to prevent the sale, and obtained an interlocutory injunction. After hearing, this injunction was dissolved, and the complaint was dismissed. The ...
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