Category: 1865

70 U.S. 83 70 U.S. 83 18 L.Ed. 65 3 Wall. 83 THE JOSEPHINE. December Term, 1865 BY proclamation of President Lincoln, in April, 1861, a blockade was established along our whole Southern coast, then in possession of rebels against the authority of the Government. In the beginning of May, 1862, New Orleans and certain […]

70 U.S. 93 70 U.S. 93 18 L.Ed. 33 3 Wall. 93 SHEBOYGAN CO.v.PARKER. December Term, 1865 THE constitution of Wisconsin ordains that ‘all county officers shall be elected by the electors of the respective counties.’ With this fundamental law in force, and with a county board of supervisors in existence, who, under the constitution […]

70 U.S. 97 70 U.S. 97 18 L.Ed. 49 3 Wall. 97 SPARROWv.STRONG. December Term, 1865 SPARROW brought an action in the nature of an ejectment in the District Court for the first judicial district of Story County, Newada Territory, to recover an interest in a Mining Claim, a sort of interest very common in […]

70 U.S. 713 70 U.S. 713 18 L.Ed. 96 3 Wall. 713 GILMANv.PHILADELPHIA. December Term, 1865 THE Constitution gives to Congress power to ‘regulate commerce between the States;’ and this case was one relating to the respective jurisdiction of a State and of the United States over tide and navigable waters. The case was thus: […]

70 U.S. 744 70 U.S. 744 18 L.Ed. 153 3 Wall. 744 SECRISTv.GREEN. December Term, 1865 GREEN brought ejectment against Secrist, in the Circuit Court for Northern Illinois, to recover land in that State which had belonged originally to Tibbitts. The title which he set up, and the respective items of which he offered in […]

70 U.S. 752 70 U.S. 752 18 L.Ed. 212 3 Wall. 752 UNITED STATESv.GOMEZ. December Term, 1865 the District Court for Southern California, under the act of March 3, 1851, to settle private land claims in California, reversing a decision of the Board of Land Commissioners, and confirming to one Vincente Gomez a claim for […]

70 U.S. 768 70 U.S. 768 18 L.Ed. 135 3 Wall. 768 THE HERALD. December Term, 1865 APPEAL from a decree of the Circuit Court at Philadelphia condemning the Herald and cargo as prize of war, for breach of blockade in an attempted exit from Beaufort, North Carolina; in part as enemy’s property, &c. The […]

70 U.S. 774 70 U.S. 774 18 L.Ed. 146 3 Wall. 774 DEHONv.BERNAL. December Term, 1865 APPEAL from a decree of the District Court of the United States for the Northern District of California, confirming a survey of a Mexican grant. The appeal was not taken by the United States, nor by the claimant whose […]

70 U.S. 673 70 U.S. 673 18 L.Ed. 111 3 Wall. 673 UNITED STATESv.CIRCUIT JUDGES. December Term, 1865 THE fourth section of an act of Congress of July 1, 1864,3 ‘To expedite the settlement of titles to lands in the State of California,’ provides as follows: ‘That whenever the district judge of any one of […]

70 U.S. 688 70 U.S. 688 18 L.Ed. 268 3 Wall. 688 UNITED STATESv.DASHIEL. December Term, 1865 THE United States brought suit at common law—’debt on bond’ for $20,085.74 against Major Dashiel, a paymaster in the army of the United States, and his sureties. Dashiel denied every part of the demand, but claimed specially a […]

70 U.S. 704 70 U.S. 704 18 L.Ed. 247 3 Wall. 704 MINNESOTA COMPANYv.CHAMBERLAIN.GRAHAM & SCOTTv.SAME, IMPLEADED WITH LA CROSSE RAILROAD COMPANY. December Term, 1865 THESE were appeals from decrees of the Circuit Court for Wisconsin, sustaining demurrers to two bills of complaint. Both bills and the essential question in each were the same; certain […]

70 U.S. 642 70 U.S. 642 18 L.Ed. 218 3 Wall. 642 UNITED STATESv.SCOTT. December Term, 1865 On the 3d March, 1863, Congress, with a view to enable the government to put down the rebellion, which was then exerting itself to destroy the nation, passed ‘An act for enrolling and calling out the national forces, […]

70 U.S. 649 70 U.S. 649 18 L.Ed. 217 3 Wall. 649 UNITED STATESv.MURPHY. December Term, 1865 An act of Congress, passed during the late rebellion, entitled ‘An act for enrolling and calling out the national forces, and for other purposes,’ and which has numerous provisions tending to prescribe a mode of giving effect to […]

70 U.S. 654 70 U.S. 654 18 L.Ed. 79 3 Wall. 654 ROGERSv.BURLINGTON. December Term, 1865 THE act of incorporation of the city of Burlington, in Iowa, vested the government and legislative power of the city in a city council, composed of the mayor and a board of aldermen. In addition to conferring various police […]

70 U.S. 687 70 U.S. 687 18 L.Ed. 29 3 Wall. 687 MERRIAMv.HAAS. December Term, 1865 1 MERRIAM filed his bill in equity in the Federal court for Minnesota, for the foreclosure of a mortgage executed by Haas and wife for $6000, with interest at 15 per cent. 2 The defendants answered, admitting the execution […]

70 U.S. 573 70 U.S. 573 18 L.Ed. 229 3 Wall. 573 VAN ALLENv.THE ASSESSORS. December Term, 1865 THIS was a suit involving the question of right, on the part of States, to tax shares in the national banking associations created under the act of Congress of June, 1864. The case was thus: By an […]

70 U.S. 603 70 U.S. 603 18 L.Ed. 58 3 Wall. 603 THE ADMIRAL. December Term, 1865 ON the 19th April, 1861—seven days after Fort Sumter was fired on, and near the beginning, therefore, of our late civil war the President of the United States issued a proclamation, by which he declared that an insurrection […]

70 U.S. 617 70 U.S. 617 18 L.Ed. 105 3 Wall. 617 THE REFORM. December Term, 1865 ON the 13th July, 1861, Congress passed ‘An act further to provide for the collection of duties on imports, and for other purposes.’ The late rebellion was in its rise at this time, but the act did not […]

70 U.S. 636 70 U.S. 636 18 L.Ed. 262 3 Wall. 636 YOUNGEv.GUILBEAU. December Term, 1865 A STATUTE of Texas, relating to the registry of deeds, &c., provides as follows:* ‘Every instrument of writing which is permitted or required by law to be recorded in the office of the clerk of the county court, and […]

70 U.S. 560 70 U.S. 560 18 L.Ed. 78 3 Wall. 560 BOLLINGER’S CHAMPAGNE. December Term, 1865 THE Revenue Act of March 3 1863,* provides that every invoice of goods imported from a foreign country (when obtained otherwise than by purchase and subject to ad valorem duty) shall have indorsed upon it a declaration signed […]