Category: 1864

69 U.S. 24 69 U.S. 24 17 L.Ed. 780 2 Wall. 24 DRURYv.FOSTER. December Term, 1864 FOSTER, of Minnesota, being about to engage in some enterprise, and wanting money, asked his wife, who owned, in her separate right, a valuable tract of land in that State, to mortgage it for his benefit. What exactly was […]

69 U.S. 252 69 U.S. 252 17 L.Ed. 785 2 Wall. 252 MARINE BANKv.FULTON BANK. December Term, 1864 IN the spring of 1861, the Fulton Bank, of New York, sent for collection to the Marine Bank, Chicago, two notes, one of Cooley & Co., for $2000, and one of Hunt & Co., for $1037; both […]

69 U.S. 258 69 U.S. 258 17 L.Ed. 866 2 Wall. 258 THE VENICE. December Term, 1864 1 THE schooner Venice, with a cargo of cotton, was captured in Lake Pontchartrain, Louisiana, by the United States ship-of-war Calhoun, on the 15th of May, 1862; was taken to Key West, libelled as a prize of war […]

69 U.S. 279 69 U.S. 279 17 L.Ed. 856 2 Wall. 279 PICOv.UNITED STATES. December Term, 1864 APPEAL by Andres Pico from the decree of the District Court of the United States for the Northern District of California, the case being as follows: Pico claimed a tract of land in California, to the extent of […]

69 U.S. 200 69 U.S. 200 17 L.Ed. 793 2 Wall. 200 BANK TAX CASE. December Term, 1864 A STATUTE of the State of New York, passed in 1857, making some modifications of previous acts of 1823, 1825, and 1830, enacted that the capital stock of the banks of the State should be ‘assessed at […]

69 U.S. 210 69 U.S. 210 17 L.Ed. 783 2 Wall. 210 FLORENTINEv.BARTON. December Term, 1864 A GENERAL statute of Illinois, passed at an early day, enacted that, when any administrator whose intestate had died leaving real estate, should discover that the personal estate was insufficient to pay his debts, such administrator should make and […]

69 U.S. 237 69 U.S. 237 17 L.Ed. 827 2 Wall. 237 MILLERv.SHERRY. December Term, 1864 SHERRY had obtained a judgment in ejectment for some lots and a house on them, in Illinois, against Miller, in the Circuit Court for the Northern District of that State, and this was a writ of error to reverse […]

69 U.S. 191 69 U.S. 191 17 L.Ed. 839 2 Wall. 191 CHITTENDEN ET AL.v.BREWSTER ET AL. December Term, 1864 THIS was an appeal from a decree of the Circuit Court for the Northern District of Illinois. The suit was a creditor’s bill filed against a judgment debtor and his assignees, the defendants in the […]

69 U.S. 198 69 U.S. 198 17 L.Ed. 779 2 Wall. 198 CAMPBELLv.READ. December Term, 1864 1 THE act of Congress of April 2d, 1816, regulating appeals and writs of error from the Circuit Court of the District of Columbia to this court, limits them to cases in which the matter in dispute is of […]

69 U.S. 218 69 U.S. 218 17 L.Ed. 755 2 Wall. 218 COOKEv.UNITED STATES. December Term, 1864 1 In this case the United States had obtained a judgment for $3796.80 against Cooke, who to the same took a writ of error. 2 The Attorney-General now moved the court to dismiss the cause for want of […]

69 U.S. 177 69 U.S. 177 17 L.Ed. 822 2 Wall. 177 SHEETSv.SELDEN’S LESSEE. December Term, 1864 THE State of Indiana, being owner of the Northern Division of the Central Canal, and of certain adjacent lands, authorized its Board of Internal Improvement, to cause any surplus water, of which there was some, along ‘with such […]

69 U.S. 110 69 U.S. 110 17 L.Ed. 857 2 Wall. 110 MURRAYv.LARDNER. December Term, 1864 LARDNER was the owner of three bonds of the Camden and Amboy Railroad Company, for $1000 each. They were coupon bonds of the ordinary kind, and payable to bearer. He resided in the country, about nine miles from Philadelphia, […]

69 U.S. 123 69 U.S. 123 17 L.Ed. 759 2 Wall. 123 HECKERSv.FOWLER. December Term, 1864 JOHN FOWLER brought suit in the Circuit Court for the Southern District of New York, against John and George Hecker, to recover damages for a breach of covenant. The declaration alleged that the plaintiff, who was the patentee of […]

69 U.S. 134 69 U.S. 134 17 L.Ed. 871 2 Wall. 134 EX PARTE DUGAN. December Term, 1864 1 ON a petition for a certiorari to the Supreme Court of the District of Columbia to send up the record of their proceedings upon a habeas corpus issued from that court upon the application of the […]

69 U.S. 135 69 U.S. 135 17 L.Ed. 796 2 Wall. 135 THE CIRCASSIAN. December Term, 1864 1 THE steamship Circassian, a merchant steamer under British colors, was captured with a valuable cargo by the United States steamer Somerset, for an attempted violation of the blockade established in pursuance of the proclamation of the President, […]

69 U.S. 160 69 U.S. 160 17 L.Ed. 922 2 Wall. 160 FREEBORNv.SMITH. December Term, 1864 THIS was a writ of error to the Supreme Court of Nevada Territory. Smith had obtained a judgment against Freeborn and Shelden in the Supreme Court of Nevada; Nevada being at the time a Territory only, not a State. […]

69 U.S. 10 69 U.S. 10 17 L.Ed. 776 2 Wall. 10 HAWTHORNEv.CALEF. December Term, 1864 THE Constitution of the United States ordains that ‘no State shall pass any law impairing the obligation of contracts.’ With this provision in force, the State of Maine, on the 1st April, 1836, incorporated a railroad company; the charter […]

69 U.S. 106 69 U.S. 106 17 L.Ed. 905 2 Wall. 106 HUMISTONv.STAINTHORP. December Term, 1864 STAINTHORP and Seguine had filed a bill in the Circuit Court for the Northern District of New York, against Humiston, for infringing a patent for moulding candles; and had obtained a decree against him. The decree was that the […]

69 U.S. 1 69 U.S. 1 17 L.Ed. 762 2 Wall. 1 DERMOTTv.JONES. December Term, 1864 JONES, a mason and house-builder, contracted with Miss Dermott to build a house for her, the soil on which the house was to be built being her own. The house was to be built according to very detailed plans […]