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New Orleans v. Warner - 180 U.S. 199 (1901) U.S. Supreme Court New Orleans v. Warner, 180 U.S. 199 (1901) New Orleans v. Warner No. 281 Argued December 11, 13, 1900 Decided January 28, 1901 180 U.S. 199 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The decree heretofore entered upon the mandate of this Court, 175 U. S. 175 U.S. 120, permitted of no distinction being made between drainage warrants issued for the purchase of the dredging plant of the Mexican Gulf Ship Canal Company and such as were issued in the purchase of the franchises and in settlement of the claim for damages urged by the Canal Company and Van Norden against the City of New Orleans. There was no error in permitting all parties holding drainage warrants of the same class to come in and prove their claims without formal intervention or special leave, though the validity of such warrants in the hands of their holders might be examined except so far as such validity had been al...
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Missouri v. Illinois & Sanitary District of Chicago - 180 U.S. 208 (1901) U.S. Supreme Court Missouri v. Illinois & Sanitary District of Chicago, 180 U.S. 208 (1901) Missouri v. Illinois and Sanitary District of Chicago No. 6 Original Argued November 12-13, 1900 Decided January 28, 1901 180 U.S. 208 ORIGINAL Syllabus This suit was brought by the State of Missouri against the State of Illinois and the Sanitary District of Chicago. The latter is alleged to be "a public corporation organized under the laws of the Illinois and located in part in the City of Chicago, and in the County of Cook, in the State of Illinois, and a citizen of the Illinois." The remedy sought for is an injunction restraining the defendants from receiving or permitting any sewage to be received or discharged into the artificial channel or drain constructed by the Sanitary District under authority derived from the State of Illinois in order to carry off and eventually discharge into the Mississippi the s...
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New Orleans v. Fisher - 180 U.S. 185 (1901) U.S. Supreme Court New Orleans v. Fisher, 180 U.S. 185 (1901) New Orleans v. Fisher No. 46 Argued October 12, 1900 Decided January 28, 1901 180 U.S. 185 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The City of New Orleans having collected school taxes and penalties thereon, and not having paid over these collections, judgment creditors of the school board of the city, whose claims were payable out of these taxes, were entitled, if the school board failed to require it, to file a creditor's bill against the city for an accounting. The city was bound to account not only for school taxes, but also for the interest thereon collected by way of penalty for delay in payment. As the collections were held in trust, the statute of limitations constituted no defense. Jurisdiction of the actions in which the judgments were recovered against the school board could not be attacked on the creditor's bill. No dema...
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Dooley v. Pease - 180 U.S. 126 (1901) U.S. Supreme Court Dooley v. Pease, 180 U.S. 126 (1901) Dooley v. Pease No. 97 Argued November 12, 1900 Decided January 21, 1901 180 U.S. 126 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In Illinois the law does not permit the owner of personal property to sell it and still continue in possession of it, so as to exempt it from seizure and attachment at the suit of creditors of the vendor, and in cases of this kind, the courts of the United States regard and follow the policy of the state law. Where a case is tried by the court, a jury having been waived, its findings upon questions of fact are conclusive in the courts of review. Page 180 U. S. 127 Errors alleged in the findings of the court are not subject to revision by the Circuit Court of Appeals or by this Court if there was any evidence upon which such findings could be made. Applying the settled law of Illinois to the facts as found, the conclusion rea...
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Neely v. Henkel - 180 U.S. 109 (1901) U.S. Supreme Court Neely v. Henkel , 180 U.S. 109 (1901) Neely v. Henkel (No. 1) No. 387 Argued December 10-11, 1900 Decided January 14, 1901 180 U.S. 109 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus There is no merit in the contention that Article 401 of the Penal Code of Cuba, which provides that the public employee who, by reason of his office, has in his charge public funds or property, and takes or consents that others should take any part therefrom, shall be punished, applies only to persons in the public employ of Spain. Spain having withdrawn from the island, its successor has become "the public," to which the code, remaining unrepealed, now refers. Within the meaning of the Act of June 6, 1900, c. 793, 31 Stat. 656, providing for the surrender of persons committing defined crimes within a foreign country occupied by or under the control of the United States and fleeing to th...
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Bradshaw v. Ashley - 180 U.S. 59 (1901) U.S. Supreme Court Bradshaw v. Ashley, 180 U.S. 59 (1901) Bradshaw v. Ashley No. 60 Argued November 1, 1900 Decided January 14, 1901 180 U.S. 59 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus When, in an action of ejectment, the plaintiff proves that, on a day named, he was in the actual, undisturbed and quiet possession of the premises, and the defendant thereupon entered and ousted him, the plaintiff has proved a prima facie case, the presumption of title arises from the possession, and, unless the defendant prove a better title, he must himself be ousted. Although the defendant proves that some third person, with whom he in no manner connects himself, has title, this does him no good, because the prior possession of the plaintiff is sufficient to authorize him to maintain the action against a trespasser, and, the defendant being himself without title and not connecting himself with any title, cannot justify a...
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Moore v. Stone - 180 U.S. 180 (1901) U.S. Supreme Court Moore v. Stone, 180 U.S. 180 (1901) Moore v. Stone No 48 Argued October 15-16, 1900 Decided January 7, 1901 180 U.S. 180 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus Hewitt v. Schultz, ante, 180 U. S. 139 , again followed. On the 12th day of December, 1883, the Northern Pacific Railroad Company selected the northeast quarter of section 3, in township 13, north of range 42 east, Willamette meridian, in Garfield County, Washington, under the direction of the Secretary of the Interior, as indemnity in lieu of other lands. In making the selection, it filed in the district land office at Walla Walla a list showing the tract selected at the same time tendering to the officers of the district land office the fees required by law. The tract was selected as public land to which the United States had full title, not reserved, sold, granted, or otherwise Page 180 U. S. 181 appropriated, and free from preemp...
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Yazoo & Mississippi Valley R. Co. v. Adams - 180 U.S. 26 (1901) U.S. Supreme Court Yazoo & Mississippi Valley R. Co. v. Adams, 180 U.S. 26 (1901) Yazoo & Mississippi Valley Railroad Company v. Adams Nos. 355-356 Argued October 22-23, 1900 Decided January 7, 1901 180 U.S. 26 ERROR TO THE SUPREME COURT OF THE STATE OF MISSISSIPPI Syllabus These cases do not differ materially from the one just decided, ( ante, page 180 U. S. 1 ), except as to the year for which the taxes were assessed. This was an action against the Yazoo Company and the Illinois Central Company for state, county, municipal, and privilege taxes for the year 1898, upon the property of the Louisville, New Orleans and Texas Company, which became the property of the Yazoo Company by virtue of the consolidation of October 24, 1892, and has since been operated by the defendants. MR. JUSTICE BROWN delivered the opinion of the Court: This case does not differ materially from the one just decided except as to th...
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Moore v. Cormode - 180 U.S. 167 (1901) U.S. Supreme Court Moore v. Cormode, 180 U.S. 167 (1901) Moore v. Cormode No. 49 Argued October 15-16, 1900 Decided January 7, 1901 180 U.S. 167 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus Hewitt v. Schultz, ante, 180 U. S. 139 , followed in regard to the construction of the Act of July 2, 1884, c. 217, to be observed in the administration of the grant of public lands to the Northern Pacific Railroad Company. This action was commenced in the Superior Court of the State of Washington for Garfield County. From an amended complaint filed by Moore, now plaintiff in error, it appears that, on December 12, 1883, the Northern Pacific Railroad Company, under authority of the Act of Congress of July 2, 1864, 13 Stat. 365, c. 217, granting lands to aid in the construction of its road, selected, under the direction of the Secretary of the Interior, the northwest quarter of section 3, in township 13 north, of range 42 east, W...
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Powers v. Slaght - 180 U.S. 173 (1901) U.S. Supreme Court Powers v. Slaght, 180 U.S. 173 (1901) Powers v. Slaght No. 47 Argued and submitted October 15-16, 1900 Decided January 7, 1901 180 U.S. 173 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus For reasons stated in Hewitt v. Schultz, ante 180 U. S. 139 , the Court holds, in conformity with the long-established practice in the Land Department, that the order of withdrawal of lands within the indemnity limits of the Northern Pacific Railroad Company is inconsistent with the true construction of the Act of July 2, 1864, c. 217. This action was commenced in one of the courts of the State of Washington by the present plaintiffs in error. They alleged in their second amended complaint that, on or about December 15, 1883, the Northern Pacific Railroad Company, under and by virtue of the Act of Congress approved July 2, 1864, 13 Stat. 365, c. 217, granting lands to aid in the construction of a railroad and tele...
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