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Us Supreme Court Court February 1901 Judgments

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Feb 28 1901

Rice Vs. Ames

Court: US Supreme Court

Decided on: Feb-28-1901

Rice v. Ames - 180 U.S. 371 (1901) U.S. Supreme Court Rice v. Ames, 180 U.S. 371 (1901) Rice v. Ames No. 420 Submitted December 17, 1900 Decided February 28, 1901 180 U.S. 371 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus An appeal lies directly to this Court from a judgment of the district court in a habeas corpus case where the constitutionality of a law of the United States, or the validity or construction of a treaty is drawn in question. A complaint before a commissioner in a foreign extradition case, if made solely upon information and belief, is bad, but it need not be made upon the personal knowledge of the complainant if he annex to such complaint a copy of the indictment found in the foreign country, or the deposition of a witness having personal knowledge of the facts, taken under the statute. Where the first count of a complaint charged the offense solely upon information and belief, and the subsequent counts p...


Feb 26 1901

Holly Vs. Missionary Society

Court: US Supreme Court

Decided on: Feb-26-1901

Holly v. Missionary Society - 180 U.S. 284 (1901) U.S. Supreme Court Holly v. Missionary Society, 180 U.S. 284 (1901) Holly v. Missionary Society of the Protestant Episcopal Church No. 138 Argued December 21, 1900 Decided February 26, 1901 180 U.S. 284 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus This is a case in which a court of equity is called upon to decide upon which of two innocent parties is to fall a loss occasioned by the dishonesty of a third person. On the facts as stated by the court, it appears that the relation that existed between Thompson, the executor of Dr. Saul who left a legacy to the Missionary Society, and that society was that of executor and legatee; that the relation between Thompson and Holly, the purchaser of the estate sold by the executor, was that of attorney and client, and that, as between themselves, Holly and the society were absolute strangers. The court, on the facts, holds that the pleadings and evidence P...


Feb 26 1901

United States Vs. Beebe

Court: US Supreme Court

Decided on: Feb-26-1901

United States v. Beebe - 180 U.S. 343 (1901) U.S. Supreme Court United States v. Beebe, 180 U.S. 343 (1901) United States v. Beebe No. 71 Argued November 6-7, 1960 Decided February 26, 1901 180 U.S. 343 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus It is entirely plain that there was no fraud in this case, and therefore this ground for the complainant's relief cannot be sustained. A district attorney of the United States has no power to agree upon a compromise of a claim of the United States in suit, except under circumstances not presented in this case. An attorney, by virtue of his general retainer only, has no power to compromise his client's claim, and a judgment entered on a compromise made under such circumstances is subject to be set aside on the ground of the lack of authority in the attorney to make the compromise on which the judgment rests. Generally speaking, the laches of officers of the government cannot be set up as a defense to a...


Feb 26 1901

BlyThe Vs. Hinckley

Court: US Supreme Court

Decided on: Feb-26-1901

Blythe v. Hinckley - 180 U.S. 333 (1901) U.S. Supreme Court Blythe v. Hinckley, 180 U.S. 333 (1901) Blythe v. Hinckley No. 347 Submitted January 14, 1901 Decided February 26, 1901 180 U.S. 333 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus The motion to dismiss this case for lack of jurisdiction must be denied, because the question was duly raised, and its federal character cannot be disputed, but the motion to affirm is granted because the assignments of error are frivolous and evidently taken only for delay. This case comes here on writ of error to the Supreme Court of California to review the judgment of that court affirming a judgment of the Superior Court of California for the County of San Francisco sustaining a demurrer to the complaint. The case involves a large amount of real property belonging in his lifetime to one Thomas H. Blythe, who was a naturalized citizen of the United States, and died intestate on the 4th of April, 1883, a resident of the...


Feb 25 1901

Marx Vs. Ebner

Court: US Supreme Court

Decided on: Feb-25-1901

Marx v. Ebner - 180 U.S. 314 (1901) U.S. Supreme Court Marx v. Ebner, 180 U.S. 314 (1901) Marx v. Ebner No. 128 Argued January 22, 1901 Decided February 25, 1901 180 U.S. 314 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA Syllabus Under section 56 of the Oregon Code, referred to in the opinion of the Court as in force in the District of Alaska, when an affidavit shows that the defendant is a nonresident of the district, and that personal service cannot be made upon him, and the marshal or other public officer to whom the summons was delivered returns it with his indorsement that, after due and diligent search he cannot find the defendant, such proof is sufficient to give jurisdiction to the court or judge to decide the question of foreclosure of a mortgage on real estate of the defendant situated in that district. In such a case, facts must appear from which it will be a just and reasonable inference that the defendant could not, after due d...


Feb 25 1901

Gardner Vs. Bonestell

Court: US Supreme Court

Decided on: Feb-25-1901

Gardner v. Bonestell - 180 U.S. 362 (1901) U.S. Supreme Court Gardner v. Bonestell, 180 U.S. 362 (1901) Gardner v. Bonestell No. 143 Argued January 17-18, 1901 Decided February 25, 1901 180 U.S. 362 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus It is a well settled rule of law that the power to make and correct surveys of the public lands belongs exclusively to the political department of the government, and that the action of that department, within the scope of its authority, is unassailable in the courts except by a direct proceeding. The determination of the Land Department, in a case within its jurisdiction, of questions of fact depending on conflicting testimony is conclusive, and cannot be challenged by subsequent proceedings in the courts. In proceedings in this Court to review the action of state courts, this Court does not enter into a consideration of questions of fact. In 1834, Juan Reed applied to and received from the Mexican Page 180 U. S...


Feb 25 1901

Mcdonald Vs. Massachusetts

Court: US Supreme Court

Decided on: Feb-25-1901

McDonald v. Massachusetts - 180 U.S. 311 (1901) U.S. Supreme Court McDonald v. Massachusetts, 180 U.S. 311 (1901) McDonald v. Massachusetts Submitted January 25, 1901 Decided February 25, 1901 180 U.S. 311 ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS Syllabus The statute of Massachusetts of 1887, c. 435, by which "whoever has been twice convicted of crime, sentenced and committed to prison, in this or any other state, or once in this and once at least in any other state, for terms of not less than three years each shall, upon conviction of a felony committed in this state after the passage of this act, be deemed to be an habitual criminal, and shall be punished by imprisonment in the state prison for twenty-five years," is constitutional. The case is stated in the opinion. MR. JUSTICE GRAY delivered the opinion of the Court. The plaintiff in error was indicted at August term, 1898, of the superior court in the County of Suffolk and State of Massachusetts, o...


Feb 25 1901

Bird Vs. United States

Court: US Supreme Court

Decided on: Feb-25-1901

Bird v. United States - 180 U.S. 356 (1901) U.S. Supreme Court Bird v. United States, 180 U.S. 356 (1901) Bird v. United States No. 278 Argued January 21, 1901 Decided February 25, 1901 180 U.S. 356 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA Syllabus Bird was indicted for murder. The killing was admitted, but it was claimed to have been done in self-defense. At the trial, a government witness testified "that, in the month of August, when the defendant, in company with the deceased Hurlin, R. L. Patterson, Naomi Strong, and witness, were going up the Yukon River in a steam launch, towing a barge loaded with their provisions, Hurlin was steering; that the defendant was very disagreeable to all the other persons; that, when they would run into a sandbar, he would curse them; be would say: 'The Dutch sons of bitches don't know where to run it.' On one occasion, they were getting wood on the bank of the river, and Bird got cut and wanted to hit ...


Feb 25 1901

New Orleans Debenture Redemption Co. Vs. Louisiana

Court: US Supreme Court

Decided on: Feb-25-1901

New Orleans Debenture Redemption Co. v. Louisiana - 180 U.S. 320 (1901) U.S. Supreme Court New Orleans Debenture Redemption Co. v. Louisiana, 180 U.S. 320 (1901) New Orleans Debenture Redemption Co. v. Louisiana No. 129 Argued December 13-14, 1900 Decided February 25, 1901 180 U.S. 320 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus For the purpose of procuring a decree enjoining a corporation from acting as such on the ground of the nullity of its organization, it is not necessary that the individual corporators or officers of the company be made defendants, and process be served upon them as such; but the state by which the corporate authority was granted is the proper party to bring such an action through its proper officer, and it is well brought when brought against the corporation alone. The state has the right to determine, through its courts, whether the conditions upon which a charter was granted to a corporation have been complied with. This is a w...


Feb 25 1901

Robinson Vs. Southern National Bank

Court: US Supreme Court

Decided on: Feb-25-1901

Robinson v. Southern National Bank - 180 U.S. 295 (1901) U.S. Supreme Court Robinson v. Southern National Bank, 180 U.S. 295 (1901) Robinson v. Southern National Bank No. 137 Argued December 20-21, 1900 Decided February 25, 1901 180 U.S. 295 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The State National Bank of Vernon, Texas, having become insolvent, Robinson was appointed receiver, and the Comptroller made an assessment upon the stock and its owners. This action was brought to recover such assessment from the Southern National Bank. One hundred and eighty shares of the stock so assessed were the property of one Curtis. His certificates were deposited with the Southern Bank as collateral, but the stock remained in his name, and so continued till the commencement of this suit. Held that the case was not one in which the bank was estopped by having assumed an apparent ownership of the stock. By the mere act of bidding in this stock at a nominal pr...


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