Category: 1867

73 U.S. 31 73 U.S. 31 18 L.Ed. 749 6 Wall. 31 STEAMSHIP COMPANYv.PORTWARDENS. December Term, 1867 ERROR to the Supreme Court of Louisiana. The Constitution of the United States ordains that Congress shall have the power to ‘regulate commerce with foreign nations and among the several States;’ that ‘no State shall, without the consent […]

73 U.S. 316 73 U.S. 316 18 L.Ed. 736 6 Wall. 316 THOMPSON ET AL.v.BOWMAN. December Term, 1867 ERROR to the District Court for the Northern District of Mississippi. Thompson, Ford, and Powell, being owners of real estate in Texas, Powell agreed with one Bowman, that if he would find a purchaser, he should have […]

73 U.S. 318 73 U.S. 318 18 L.Ed. 816 6 Wall. 318 EX PARTE McCARDLE. December Term, 1867. MOTION to dismiss an appeal from the Circuit Court for the District of Mississippi; the case being thus:The Judiciary Act of 1789,1 enacts: ‘That either of the justices of the Supreme Court as well as judges of […]

73 U.S. 327 73 U.S. 327 18 L.Ed. 799 6 Wall. 327 SELZv.UNNA. December Term, 1867 APPEAL from the Circuit Court for the Northern District of Illinois. Unna sued four different parties, of whom Selz and Leopold were one, for a tortious levy which they had made on his property, assuming it to be the […]

73 U.S. 268 73 U.S. 268 18 L.Ed. 796 6 Wall. 268 SLATERv.MAXWELL. December Term, 1867 APPEAL from the District Court for Western Virginia. Slater filed a bill in that court to compel one Maxwell to release whatever apparent right he, Maxwell, might have acquired to a large tract of land (19,944 acres) in Virginia, […]

73 U.S. 277 73 U.S. 277 18 L.Ed. 743 6 Wall. 277 LUMv.ROBERTSON. December Term, 1867 ERROR to the District Court of the United States for Eastern Texas. In July, 1851, Lum made two promissory notes at Natchez, Mississippi, in favor of Robertson, as trustee of the Commercial Bank of Natchez, or order. On these […]

73 U.S. 280 73 U.S. 280 18 L.Ed. 825 6 Wall. 280 BARNEYv.BALTIMORE CITY. December Term, 1867 APPEAL from the Circuit Court for Maryland. The Judiciary Act gives jurisdiction to the Circuit Court in controversies ‘between citizens of different States;‘ the District of Columbia, as it has been held, not coming within this term. Another […]

73 U.S. 291 73 U.S. 291 18 L.Ed. 919 6 Wall. 291 UNITED STATES FOR THE USE OF CRAWFORDv.ADDISON. December Term, 1867 ERROR to the Supreme Court of the District of Columbia, the case being thus: The charter of Georgetown provides that on the fourth Monday of February in each two years, the citizens shall […]

73 U.S. 299 73 U.S. 299 18 L.Ed. 786 6 Wall. 299 CLEMENTSv.MOORE.MOOREv.CLEMENTS. December Term, 1867 1 THESE were cross-appeals in equity from the District Court for the Western District of Texas. 2 Clements and Sheldon, judgment creditors of James Nicholson, filed in that court their original and amended bill (the last apparently without leave […]

73 U.S. 247 73 U.S. 247 18 L.Ed. 851 6 Wall. 247 THE MAYORv.COOPER. December Term, 1867 ERROR to the Circuit Court for the Middle District of Tennessee; the case being thus: The Constitution of the United States ordains, that ‘the judicial power of the United States shall be vested in one Supreme Court, and […]

73 U.S. 254 73 U.S. 254 18 L.Ed. 737 6 Wall. 254 ANDREWSv.HENSLER. December Term, 1867 ERROR to the Circuit Court for the Eastern District of Louisiana. In March, 1859, the plaintiff purchased four slaves of the defendant at New Orleans, giving a draft payable at a future day for the payment. The slaves proving, […]

73 U.S. 258 73 U.S. 258 18 L.Ed. 829 6 Wall. 258 MILLINGARv.HARTUPEE. December Term, 1867 ERROR to the Supreme Court of the State of Pennsylvania. On motion to dismiss the writ for want of jurisdiction. Hartupee brought an action against Millingar as garnishee of Gearing, in one of the courts of Alleghany County, Pennsylvania; […]

73 U.S. 263 73 U.S. 263 18 L.Ed. 755 6 Wall. 263 THE FLYING SCUD. December Term, 1867 APPEAL from a decree of the District Court of the United States for the Eastern District of Louisiana. The Scud and her cargo were captured during the late rebellion, by the United States Steamer Princess Royal, at […]

73 U.S. 266 73 U.S. 266 18 L.Ed. 821 6 Wall. 266 THE ADELA. December Term, 1867 APPEAL from a decree of the District Court for the Southern District of Florida, condemning the Adela and her cargo as prize to the Quaker City, a war steamer of the United States during the blockade established by […]

73 U.S. 231 73 U.S. 231 18 L.Ed. 783 6 Wall. 231 MASONv.ELDRED ET AL. December Term, 1867 On certificate of division between the judges of the Circuit Court for Wisconsin. A statute of Michigan, known as ‘the Joint Debtor Act,’1 thus enacts: 1. ‘In actions against two or more persons jointly indebted upon any […]

73 U.S. 241 73 U.S. 241 18 L.Ed. 848 6 Wall. 241 STATE OF GEORGIAv.GRANT. December Term, 1867 THIS court having some time since dismissed a bill filed by the State of Georgia against Mr. Stanton, Secretary of War, General Grant, and others, on the ground that it called for a judgment on a question […]

73 U.S. 242 73 U.S. 242 18 L.Ed. 786 6 Wall. 242 THE SEA WITCH. December Term, 1867 APPEAL from the District Court of the United States for the Eastern District of Louisiana. The schooner Sea Witch was captured in the Gulf of Mexico on the 31st of December, 1864, by the United States war […]

73 U.S. 244 73 U.S. 244 18 L.Ed. 835 6 Wall. 244 McCLANEv.BOON. December Term, 1867 ERROR to the Supreme Court of the State of Oregon. On motion. Boon filed a bill in a State court of Oregon against McClane, to enjoin him from prosecuting an action at law to recover the possession of a […]

73 U.S. 246 73 U.S. 246 18 L.Ed. 739 6 Wall. 246 AGRICULTURAL COMPANYv.PIERCE COUNTY. December Term, 1867 1 ERROR to the Supreme Court of Washington Territory. 2 The writ of error bore date January 20th, 1862. It was on its face made returnable on the second Monday of December next after its date, when […]

73 U.S. 166 73 U.S. 166 18 L.Ed. 768 6 Wall. 166 RIGGSv.JOHNSON COUNTY. December Term, 1867 1 ERROR to the Circuit Court for the District of Iowa. The case somewhat fully stated was thus: Statutes of Iowa enact: 2 That the county commissioners of any county may submit to the people of it at […]