Category: 1863

68 U.S. 83 68 U.S. 83 17 L.Ed. 548 1 Wall. 83 MERCER COUNTYv.HACKET. December Term, 1863 By act of Assembly, passed in 1852, the legislature of Pennsylvania authorized the commissioners of Mercer County in that State to subscribe to the stock of the pittsburg and Erie Railroad, which road, if built, would pass through […]

68 U.S. 97 68 U.S. 97 17 L.Ed. 495 1 Wall. 97 BAYNEv.MORRIS. December Term, 1863 BAYNE & MORRIS having differences with each other, agreed to refer them to arbitrators, who besides being authorized to determine the amount to be paid, were authorized to award upon what terms, as to time and security, the payment […]

68 U.S. 99 68 U.S. 99 17 L.Ed. 561 1 Wall. 99 BURRv.THE DES MOINES RAILROAD AND NAVIGATION COMPANY. December Term, 1863 THIS was a writ of error, in an action of ejectment, to the Circuit Court for the District of Iowa; the plaintiff in error having been also plaintiff below. The record (or document […]

68 U.S. 745 68 U.S. 745 17 L.Ed. 705 1 Wall. 745 UNITED STATESv.WORKMAN ET AL. December Term, 1863 1 APPEAL by the United States from a decree of the District Court for the Southern District of California, confirming a decision of the Board of Commissioners appointed by the act of March 3, 1851, for […]

68 U.S. 766 68 U.S. 766 17 L.Ed. 712 1 Wall. 766 UNITED STATESv.CAREY JONES. December Term, 1863 LIKE the preceding case, this one came before the court upon appeal from a decree of the Distric Court of the United States for the Southern District of California, and arose originally upon a petition for the […]

68 U.S. 78 68 U.S. 78 17 L.Ed. 547 1 Wall. 78 EAMESv.GODFREY. December Term, 1863 GODFREY sued Eames in the Circuit Court of the United States for the District of Massachusetts, in an action on the case for infringing a patent for a new and useful improvement in boot-trees, of which patent he, Godfrey, […]

68 U.S. 81 68 U.S. 81 17 L.Ed. 612 1 Wall. 81 GAYLORDSv.KELSHAW ET AL. December Term, 1863 THE Gaylords, appellants here, had filed their bill in chancery in the Circuit Court for the District of Indiana, against the defendants Kelshaw and Butterworth, charging that they had an unsatisfied judgment at law in one of […]

68 U.S. 721 68 U.S. 721 17 L.Ed. 627 1 Wall. 721 ROMEROv.UNITED STATES. December Term, 1863 1 THIS was an appeal from the District Court for the Northern District of California; the case being thus: 2 On the 28th February, 1853, three brothers, Innocencio, Jos e, and Mariano Romero, presented their petition to the […]

68 U.S. 73 68 U.S. 73 17 L.Ed. 560 1 Wall. 73 ORCHARDv.HUGHES.Id.v.Id. December Term, 1863 THESE were, in form, two causes; though in fact, two branches of one case, which were heard and disposed of together; both of them coming here on appeal from the Supreme Court of the Territory of Nebraska, to which […]

68 U.S. 702 68 U.S. 702 17 L.Ed. 503 1 Wall. 702 HOUGHTONv.JONES. December Term, 1863 THIS was a writ of error to the Northern District of California; the case being thus: By the act of Congress of March 3, 1851, ‘to ascertain and settle the private land claims in the State of California,’ it […]

68 U.S. 706 68 U.S. 706 17 L.Ed. 626 1 Wall. 706 UNITED STATESv.MORILLO. December Term, 1863 APPEAL by the United States from the decree of the District Court for the Southern District of Claifornia, confirming a claim to land under the act of 3d March, 1851, entitled ‘An act to ascertain and settle the […]

68 U.S. 710 68 U.S. 710 17 L.Ed. 702 1 Wall. 710 UNITED STATESv.ESTUDILLO. December Term, 1863 AN act of Congress of June 14th, 1860,1 authorizes the District Courts of California, on the application of any party interested, to make an order requiring the survey of any private land claims to be returned into court. […]

68 U.S. 660 68 U.S. 660 17 L.Ed. 69 1 Wall. 660 WHITEv.UNITED STATES. December Term, 1863 1 APPEAL from the District Court for the Northern District of California; the following case being presented. 2 The appellant, White, claimed a tract, or rancho of land, known as San Antonio, under a grant alleged to have […]

68 U.S. 684 68 U.S. 684 17 L.Ed. 675 1 Wall. 684 PARKERv.PHETTEPLACE ET AL. December Term, 1863 APPEAL from the Circuit Court for the District of Rhode Island. The complainants below, appellants here, filed a bill as judgment creditors, to set aside conveyances of the property of one Edward Seagrave, their debtor, and made, […]

68 U.S. 69 68 U.S. 69 17 L.Ed. 514 1 Wall. 69 EX PARTH DUBUQUE AND PACIFIC RAILROAD. December Term, 1863 LITCHFIELD sued the Dubuque and Pacific Railroad Company, in the District Court of the United States for the District of Iowa, for a tract of land in that district. The cause of action was […]

68 U.S. 690 68 U.S. 690 17 L.Ed. 677 1 Wall. 690 UNITED STATESv.GOMEZ. December Term, 1863 MOTION to dismiss an appeal from the decision of the District Court for the Southern District of California, as not having been taken in time, that is to say, within five years; as having been made without citation, […]

68 U.S. 637 68 U.S. 637 17 L.Ed. 601 1 Wall. 637 BEAVERv.TAYLOR. December Term, 1863 THIS was an action of ejectment, brought in the Circuit Court for the Southern District of Illinois, by Beaver, the plaintiff in error, against Taylor et al., to recover premises described in his declaration. The action was brought on […]

68 U.S. 644 68 U.S. 644 17 L.Ed. 714 1 Wall. 644 ROGERSv.THE MARSHAL. December Term, 1863 ERROR to the Circuit Court for the District of Wisconsin; the case being thus: Rogers had issued a writ of replevin in the District Court for the district above named, against a certain Remington and one Martin to […]

68 U.S. 658 68 U.S. 658 17 L.Ed. 674 1 Wall. 658 UNITED STATESv.VALLEJO. December Term, 1863 THIS was a question of a survey of a California Mexican grant, of two leagues in quantity, to be located within a larger outboundary, and came by appeal from the District Court for the Southern District of California. […]

68 U.S. 66 68 U.S. 66 17 L.Ed. 559 1 Wall. 66 RYANv.BINDLEY. December Term, 1863 THE Judiciary Act provides1 that final judgments and decrees in civil actions and suits in equity in a Circuit Court, when the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, may by […]