Category: 1865

70 U.S. 564 70 U.S. 564 18 L.Ed. 168 3 Wall. 564 THE DOURO. December Term, 1865 APPEAL from a decree of the District Court of the United, States for the Southern District of New York, condemning the Douro and her cargo for a breach of the blockade of the port of Wilmington, North Carolina, […]

70 U.S. 566 70 U.S. 566 18 L.Ed. 67 3 Wall. 566 THE MOHAWK. December Term, 1865 AN act of Congress of 17921 (section 27th), provides that ‘if any certificate of registry or record shall be fraudulently or knowingly used for any ship or vessel not then actually entitled to the benefit thereof, according to […]

70 U.S. 514 70 U.S. 514 18 L.Ed. 200 3 Wall. 514 THE BERMUDA. December Term, 1865 1 APPEAL from a decree made by the District Court for the Eastern District of Pennsylvania, regarding the steamship Bermuda and her cargo, captured during the rebellion by the government war-vessel Mercedita, and sent into Phila delphia, and […]

70 U.S. 559 70 U.S. 559 18 L.Ed. 220 3 Wall. 559 THE HART. December Term, 1865 1 THE present case came here by appeal from a decree of the District Court of the United States for the Southern District of New York; a decree condemning the schooner Hart and her cargo as lawful prize […]

70 U.S. 495 70 U.S. 495 18 L.Ed. 207 3 Wall. 495 BANK FOR SAVINGSv.THE COLLECTOR. December Term, 1865 1 THE 110th section of the Internal Revenue Act of June 30, 1864, enacted as follows: 2 ‘There shall be levied, collected, and paid a duty of 1/24th of one per cent. each month upon the […]

70 U.S. 51 70 U.S. 51 18 L.Ed. 137 3 Wall. 51 THE BINGHAMTON BRIDGE. December Term, 1865 THE legislature of New York was desirous in early times to have turnpike communications from the Chenango River, in the interior of the States as the river approaches the Pennsylvania line, to the Hudson River at and […]

70 U.S. 460 70 U.S. 460 18 L.Ed. 265 3 Wall. 460 SIMPSON & CO.v.DALL. December Term, 1865 1 DUNHAM & KEARFOOT, of Baltimore, were indebted on two notes, amounting to about $3000, to Dall, Gibbons & Co. of the same place, but were insolvent and did not pay. In this condition of things, Dall, […]

70 U.S. 478 70 U.S. 478 18 L.Ed. 88 3 Wall. 478 BEARDv.FEDERY. December Term, 1865 [Syllabus from pages 478-480 intentionally omitted] AFTER our conquest of California, in 1846, Congress, by act of 3d March, 1851, ‘to ascertain and settle the private land claims’ in that State1 constituted a board of commissioners, in the nature […]

70 U.S. 441 70 U.S. 441 18 L.Ed. 241 3 Wall. 441 UNITED STATESv.CUTTING. December Term, 1865 THE Internal Revenue Act of 30th June, 1864,* declares by its 99th section as follows: ‘All brokers and bankers doing business as brokers, shall be subject to pay the following duties and rates of duty upon the sales […]

70 U.S. 445 70 U.S. 445 18 L.Ed. 243 3 Wall. 445 UNITED STATESv.FISK. December Term, 1865 THE ‘Internal Revenue Act,’ of 30th June, 1864, ‘to provide ways and means for the support of government, and for other purposes,’ declares, by its 99th section, as follows: ‘All brokers and bankers doing business as brokers, shall […]

70 U.S. 448 70 U.S. 448 18 L.Ed. 245 3 Wall. 448 GREENv.VAN BUSKERK. December Term, 1865 THIS was a motion made by Mr. A. J. Parker, in behalf of Green, plaintiff in error, for a supersedeas to stay execution upon a judgment of the Supreme Court of the State of New York. It appeared […]

70 U.S. 451 70 U.S. 451 18 L.Ed. 197 3 Wall. 451 THE SALLY MAGEE. December Term, 1865 APPEAL from a decree of the District Court for the Southern District of New York, condemning as enemy’s property the bark Sally Magee and her cargo, captured during the late rebellion; the question before this court being, […]

70 U.S. 46 70 U.S. 46 18 L.Ed. 163 3 Wall. 46 CASTROv.UNITED STATES. December Term, 1865 THE Judiciary Act of 1789 allows examination, by this court, of final judgments and decrees given in the circuits,1 ‘upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, […]

70 U.S. 407 70 U.S. 407 18 L.Ed. 182 3 Wall. 407 UNITED STATESv.HOLLIDAY.SAMEv.HAAS. December Term, 1865 THESE were indictments, independent of each other, for violations of the act of Congress of February 13, 1862,1 which declares that if any person shall sell any spirituous liquors ‘to any Indian under the charge of any Indian […]

70 U.S. 420 70 U.S. 420 18 L.Ed. 263 3 Wall. 420 DE SOBRYv.NICHOLSON. December Term, 1865 THE Judiciary Act declares that the assignee of a chose in action shall not recover in a suit brought on it in the Federal courts, ‘unless a suit might have been prosecuted in such courts, &c., if no […]

70 U.S. 424 70 U.S. 424 18 L.Ed. 168 3 Wall. 424 BARRELv.TRANSPORTATION COMPANY. December Term, 1865 1 MOTION by Mr. Browing (Mr. Rae, contra) to dismiss an appeal from the Circuit Court of the United States for the Northern District of Illinois. 2 The record showed that no appeal had been prayed or allowed […]

70 U.S. 425 70 U.S. 425 18 L.Ed. 253 3 Wall. 425 THE IRON-CLAD ATLANTA. December Term, 1865 AN act of Congress* of July 17, 1862, provides that prizes taken by the navy at sea, when of equal or superior force to the vessel or vessels making the capture, shall be the sole property of […]

70 U.S. 434 70 U.S. 434 18 L.Ed. 221 3 Wall. 434 PERALTAv.UNITED STATES. December Term, 1865 APPEAL from the decree of the District Court for Northern California on a claim presented in 1853, by Maria de Valencia, for herself and others, heirs of Teodora Peralta, for a piece of land in California on which […]

70 U.S. 382 70 U.S. 382 18 L.Ed. 164 3 Wall. 382 McGUIREv.THE COMMONWEALTH. December Term, 1865 A STATUTE of Massachusetts makes it an indictable offence, punishable with heavy fine and imprisonment, to keep any building for the sale of intoxicating liquors. Under this statute, and for a violation of it, a certain McGuire was […]

70 U.S. 396 70 U.S. 396 18 L.Ed. 34 3 Wall. 396 COMSTOCKv.CRAWFORD. December Term, 1865 A STATUTE of Wisconsin Territory ordained that there should be appointed by the Governor, in and for each county, a person to be known as ‘the public administrator’ thereof; and when any person shall die intestate, leaving personal property […]