Category: 1863

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 […]

68 U.S. 604 68 U.S. 604 17 L.Ed. 619 1 Wall. 604 SPAINv.HAMILTON’S ADMINISTRATOR. December Term, 1863 MILLER and SWAYNE, JJ., dissented in this case. THIS was a bill in equity, filed in the Circuit Court for the District of Columbia, by S. Spain, guardian of Mrs. McRae, a lunatic, against the administrator of the […]

68 U.S. 61 68 U.S. 61 17 L.Ed. 680 1 Wall. 61 DERMOTTv.WALLACH. December Term, 1863 MRS. DERMOTT leased to Dexter a hotel, for three years from 1st October, 1855, to be extended to five, at the option of the tenant. The rent was $3000 a year, payable in monthly sums of $250. It was […]

68 U.S. 627 68 U.S. 627 17 L.Ed. 693 1 Wall. 627 GRAYv.BRIGNARDELLO.BRIGNARDELLOv.GRAY. December Term, 1863 2. A decree nunc pro tunc is always admissible where a decree was ordered or intended to be entered, and was omitted to be entered only by the inadvertence of the court; but a decree which was not actually […]

68 U.S. 655 68 U.S. 655 17 L.Ed. 673 1 Wall. 655 BLOSSOMv.THE MILWAUKEE, &c., RAILROAD COMPANY. December Term, 1863 A DECREE foreclosing a mortgage and ordering a sale of the road had been obtained in the District Court of the United States for the District of Wisconsin, in a suit by one Bishop and […]

68 U.S. 531 68 U.S. 531 17 L.Ed. 650 1 Wall. 531 BURRv.DURYEE. December Term, 1863 1 APPEAL from the Circuit Court for the District of New Jersey. 2 The complainant, Burr, as assignee of a patent granted to Henry A. Wells for ‘an improvement in the machinery for making hat-bodies, and in the process […]

68 U.S. 579 68 U.S. 579 17 L.Ed. 660 1 Wall. 579 SAMEv. SAME. No. 231. December Term, 1863 BILL in chancery, by which the complainant charged that the defendants were using a certain machine for the manufacture of hat-bodies, which infringed a patent originally granted in 1856 to a certain A. B. Taylor, and […]

68 U.S. 582 68 U.S. 582 17 L.Ed. 689 1 Wall. 582 RODRIGUESv.UNITED STATES. December Term, 1863 THIS was a case of conflicting land claims in California, and came here on appeal from a decree of the District Court for the Northern District of California, locating, by survey, under the act of Congress of June […]

68 U.S. 5 68 U.S. 5 17 L.Ed. 515 1 Wall. 5 CROSSv.DE VALLE. December Term, 1863 HALSEY devised real estate in Rhode Island to trustees there, in trust for the benefit of his natural daughter, Maria De Valle, a married woman, during her life, for her separate use; and upon her decease the trustees […]

68 U.S. 512 68 U.S. 512 17 L.Ed. 500 1 Wall. 512 ROOSEVELTv.MEYER. December Term, 1863 MR. ROELKER, of counsel for the defendant in error in this case, moved the court to dismiss the writ of error for want of jurisdiction: the case being thus: The Judiciary Act of 1789 (§ 25) provides that this […]

68 U.S. 518 68 U.S. 518 17 L.Ed. 646 1 Wall. 518 WHEELERv.SAGE. December Term, 1863 1 THIS was an appeal from the District Court of the United States for the District of Wisconsin; the case in that court having been one of a bill in equity, by which the appellant Wheeler sought to charge […]

68 U.S. 53 68 U.S. 53 17 L.Ed. 544 1 Wall. 53 HUTCHINS ET AL.v.KING. December Term, 1863 THIS was a writ of error to the Circuit Court for New Hampshire; the case being thus: In September, 1853, Dunn and his partner having bought timber land in New Hampshire, of Goodall, mortgaged it back to […]

68 U.S. 491 68 U.S. 491 17 L.Ed. 668 1 Wall. 491 TURRILLv.THE MICHIGAN SOUTHERN, & C., RAILROAD COMPANY. December Term, 1863 1 THIS was a writ of error to the Circuit Court for the District of Michigan. The action was trespass on the case brought against the Michigan Southern and Northern Indiana Railroad to […]

68 U.S. 456 68 U.S. 456 17 L.Ed. 505 1 Wall. 456 THE INSURANCE COMPANIESv.WRIGHT. December Term, 1863 THESE were actions brought by Wright against two insurance companies in New York—’The Orient Mutual’ and ‘The Sun’—on two policies of insurance, called open or running policies; a sort of policy which has been described in this […]

68 U.S. 486 68 U.S. 486 17 L.Ed. 688 1 Wall. 486 HOMERv.THE COLLECTOR. December Term, 1863 ERROR to the Circuit Court for the District of Massachusetts, the case being thus: The Tariff Act of 1857, which was an act reducing duties, provided by its first section, that in lieu of the duties then existing, […]

68 U.S. 405 68 U.S. 405 17 L.Ed. 616 1 Wall. 405 BRONSON & SOUTTER, Complainants and Appellants,v.THE LA CROSSE AND MILWAUKEE RAILROAD CO.; THE MILWAUKEEAND MINNESOTA RAILROAD CO., CHAMBERLAIN ET AL. [Appeal.]THE MILWAUKEE AND MINNESOTA RAILROAD CO., Appellants,v.SOUTTER, who survived BRONSON & SOUTTER, Trustees,&c. [Cross Appeal.] December Term, 1863 BRONSON along with one Soutter […]

68 U.S. 412 68 U.S. 412 17 L.Ed. 635 1 Wall. 412 UNITED STATESv.YORBA. December Term, 1863 THIS was an appeal by the United States from the decree of the District Court for the Southern District of California. The respondent claimed a tract of land, called La Sierra, situated in the present county of Los […]

68 U.S. 424 68 U.S. 424 17 L.Ed. 599 1 Wall. 424 NISWANGERv.SAUNDERS. December Term, 1863 SAUNDERS filed a bill in chancery, in the State District Court of Madison County, Ohio, to quiet the title to a tract of land in that commonwealth, in what is called the Virginia Military District, a region north and […]

68 U.S. 43 68 U.S. 43 17 L.Ed. 609 1 Wall. 43 COMMANDER-IN-CHIEF. December Term, 1863 68 U.S. 43 17 L.Ed. 609 1 Wall. 43 COMMANDER-IN-CHIEF. December Term, 1863 APPEAL from a decree of the Circuit Court of the United States for the Southern District of New York in a cause of collision, the case […]

68 U.S. 439 68 U.S. 439 17 L.Ed. 664 1 Wall. 439 UNITED STATESv.HALLECK ET AL. December Term, 1863 Messrs. Justice CLIFFORD, MILLER, and SWAYNE, dissented in this case. 1 APPEAL by the United States from a decree of the District Court for the Northern District of California, approving the survey of a tract of […]