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Us Supreme Court Court December 1969 Judgments

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Dec 31 1969

Beedle Vs. Bennett

Court: US Supreme Court

Decided on: Dec-31-1969

Beedle v. Bennett - 122 U.S. 71 (1969) U.S. Supreme Court Beedle v. Bennett, 122 U.S. 71 (1887) Beedle v. Bennett Submitted January 7, 1887 Decided allay 23, 1887 122 U.S. 71 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus If a bill in equity to restrain an infringement of letters patent be filed before the expiration of the patent, the jurisdiction of the circuit court is not defeated by the expiration of the patent by lapse of time before the final decree. The case of Eames v. Andrews, just decided, is applied to the issues in this case, so fur as they are identical with those in that case. The use of this invention by the inventor in the manner stated in the opinion of the court, and his delay in applying for a patent under the circumstances therein detailed for more than two years prior to his application, did not constitute an abandonment of his invention or a dedication of it to the public, and did not forfeit his right...


Dec 31 1969

Eilenbecker Vs. District Court of Plymouth County

Court: US Supreme Court

Decided on: Dec-31-1969

Eilenbecker v. District Court of Plymouth County - 134 U.S. 31 (1969) U.S. Supreme Court Eilenbecker v. District Court of Plymouth County, 134 U.S. 31 (1890) Eilenbecker v. District Court of Plymouth County No. 101 Submitted January 8, 1890 Decided Marc 3, 1890 134 U.S. 31 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus The first eight of the Articles of Amendment to the Constitution of the United States have reference only to powers exercised by the United States, and not to those exercised by the states. The provision in Article III of the Constitution of the United States respecting the trial of crimes by jury relates to the judicial power of the United States. Article VI of the Amendments to the Constitution of the United States respecting a speedy and public trial by jury; Articles V and VI respecting the right of persons accused of crime to be confronted with the witnesses; Article VIII respecting excessive fines, and cruel and unusual punishments, and Arti...


Dec 31 1969

Essex Public Road Board Vs. Skinkle

Court: US Supreme Court

Decided on: Dec-31-1969

Essex Public Road Board v. Skinkle - 140 U.S. 334 (1969) U.S. Supreme Court Essex Public Road Board v. Skinkle, 140 U.S. 334 (1891) Essex Public Road Board v. Skinkle No. 262 Submitted March 25, 1891 Decided Flay 11, 1591 140 U.S. 334 ERROR TO THE SUPREME COURT OF THE STATE OF NEW JERSEY Syllabus An executive agency, created by a statute of a state for the purpose of improving public highways and empowered to assess the cost of its improvements upon adjoining lands and to put up for sale and buy in for a term of years for its own use any such lands delinquent in the payment of the assessment, does not, by such a purchase, acquire a contract Page 140 U. S. 335 right in the land so bought which the state cannot modify without violating the provisions of the Constitution of the United States. Such a transaction is matter of law, and not of contract, and as such is not open to constitutional objections. Even as to third parties, an assessment is not a contract in the sense ...


Dec 31 1969

Cincinnati, N.O. and Tex. Pac. Ry. Co. Vs. Icc

Court: US Supreme Court

Decided on: Dec-31-1969

Cincinnati, N.O. and Tex. Pac. Ry. Co. v. ICC - 162 U.S. 184 (1969) U.S. Supreme Court Cincinnati, N.O. and Tex. Pac. Ry. Co. v. ICC, 162 U.S. 184 (1896) Cincinnati, New Orleans and Texas Pacific Railway Company v. Interstate Commerce Commission Nos. 394, 473 Argued January 30-31, 1896 Decided March 80, 1896 162 U.S. 184 APPEALS FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus When a state railroad company whose road lies within the limits of the state enters into the carriage of foreign freight by agreeing to receive the goods by virtue of foreign through bills of lading and to participate in through rates and charges, it thereby becomes part of a continuous line not made by a consolidation with the foreign companies, but by an arrangement for the continuous carriage or shipment from one state to another, and thus becomes amenable to the federal act in respect to such interstate commerce, and, having thus subjected itself to the control of the Interstate C...


Dec 31 1969

PerrIn Vs. United States

Court: US Supreme Court

Decided on: Dec-31-1969

Perrin v. United States - 171 U.S. 292 (1969) U.S. Supreme Court Perrin v. United States, 171 U.S. 292 (1898) Perrin v. United States No. 30 Argued March 16-17, 1898 Decided May 81, 1898 171 U.S. 292 APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS Syllabus Camou v. United States, ante, 171 U. S. 277 , followed. The case is stated in the opinion. MR. JUSTICE BREWER delivered the opinion of the Court. So far as the question of title is concerned, this case is similar to the one immediately preceding. Camou v. United States, ante, 171 U. S. 277 . For reasons therein stated, the decree of the Court of Private Land Claims will be reversed, and the case remanded for further proceedings. It is true, as suggested in its opinion, the Court of Private Land Claims thought that there was no sufficient location of the tract in controversy, and that probably the grant was void for uncertainty in the description of the property. It may be that this conclusion was right. At the same ti...


Dec 31 1969

Johnson Vs. Drew

Court: US Supreme Court

Decided on: Dec-31-1969

Johnson v. Drew - 171 U.S. 93 (1969) U.S. Supreme Court Johnson v. Drew, 171 U.S. 93 (1898) Johnson v. Drew, 171 U.S. 93 (1898) No. 239 Submitted April 28, 1898 Decided May 81, 1898 171 U.S. 93 ERROR TO THE SUPREME COURT OF THE STATE OF FLORIDA Syllabus The substantial rights of the defendant were not prejudiced by the ruling of the trial court sustaining the demurrer to the first equitable plea and refusing leave to file the second, and such ruling involved merely a question of state practice. The evidence in the case shows that the particular lots of land described in the declaration were not embraced in the Fort Brooke reservation when the patent was issued. A party cannot defend against a patent duly issued for land which is at the time a part of the public domain, subject to administration by the Page 171 U. S. 94 Land Department, and to disposal in the ordinary way, upon the ground that he was in actual possession of the land at the time of the issue of the patent...


Dec 31 1969

White Vs. Butler

Court: US Supreme Court

Decided on: Dec-31-1969

White v. Butler - 171 U.S. 379 (1969) U.S. Supreme Court White v. Butler, 171 U.S. 379 (1898) White v. Butler Nos. 540-541 Argued March 21-22, 1898 Decided May 81, 1898 171 U.S. 379 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA Syllabus White v. Berry, ante, 171 U. S. 366 , affirmed and followed. The case is stated in the opinion. MR. JUSTICE HARLAN delivered the opinion of the Court. Butler, the appellee in the first of the above cases, was a storekeeper of the United States at the Hannis distillery at Martinsburg, West Virginia. Ruckman, the appellee in the second case, was also a storekeeper at the same distillery. The bill in each case is substantially like that in White v. Berry, ante, just decided. The relief asked by Butler and Ruckman is the same as that asked by Berry, and the decree rendered in behalf of each was the same as that rendered in Berry's case. For the reasons stated in the opinion just delivered in Whi...


Dec 31 1969

Creede and Cripple Creek Mining Co. Vs. Uinta Tunnel Co.

Court: US Supreme Court

Decided on: Dec-31-1969

Creede & Cripple Creek Mining Co. v. Uinta Tunnel Co. - 196 U.S. 337 (1969) U.S. Supreme Court Creede & Cripple Creek Mining Co. v. Uinta Tunnel Co., 196 U.S. 337 (1905) Creede and Cripple Creek Mining Company v. Uinta Tunnel Mining & Transportation Company No. 18 Argued April 16, 18, 1904 Reargued January 10-11, 1905 Decided January 80, 1905 196 U.S. 337 CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus As between the government and the locator, it is not a vital fact that there was a discovery of mineral in a lode claim before the commencement of any of the steps required to perfect a location, and by accepting the entry, and confirming it by a patent, the government does not determine as to the order of proceedings prior to the entry, but only that all required by law have been taken. Adverse proceedings, are called for only when one mineral claimant contests the right of another mineral claimant, and, as a tunnel is not a mining...


Dec 31 1969

Vicksburg Vs. Vicksburg Waterworks Co.

Court: US Supreme Court

Decided on: Dec-31-1969

Vicksburg v. Vicksburg Waterworks Co. - 206 U.S. 496 (1969) U.S. Supreme Court Vicksburg v. Vicksburg Waterworks Co., 206 U.S. 496 (1907) Vicksburg v. Vicksburg Waterworks Company No. 275 Argued April 24, 1907 Decided My 27, 1907 206 U.S. 496 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF MISSISSIPPI Syllabus A decree must be read in the light of the issues involved in the pleadings and the relief sought, and a decree in a suit brought by a water company against a municipality to enjoin it from regulating rates does not finally dispose of the right of the city to regulate rates under a law passed after the contract went into effect and after the bill was filed. A state may, in matters of proprietary rights, exclude itself and authorize its municipal corporations to exclude themselves from the right of regulation of such matters as water rates. In view of the decisions of the highest court of Mississippi, a municipality of that state may, u...


Dec 31 1969

Johnson Vs. Wilkins

Court: US Supreme Court

Decided on: Dec-31-1969

Johnson v. Wilkins - 118 U.S. 228 (1969) U.S. Supreme Court Johnson v. Wilkins, 118 U.S. 228 (1886) Johnson v. Wilkins Submitted April 26, 1886 Decided Map 10, 1886 118 U.S. 228 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus The cause was submitted, under Rule 20, January 7, 1886. The Court finding nothing from which it could be inferred that the value of the matter in dispute exceeded $5,000, dismissed the case for want of jurisdiction January 19, 1886. On the 26th April, 1886, the plaintiffs in error moved to reinstate the cause, accompanying the motion with affidavits in its support. Held that the motion was too late. These were motions, supported by affidavits, to reinstate a case dismissed because the amount in dispute did not appear by the record to be sufficient to give the Court jurisdiction. See Johnson v. Wilkins, 116 U. S. 392 -- and to recall the mandate. The following were the grounds of the motion: " First...


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