Category: 1870

79 U.S. 102 79 U.S. 102 20 L.Ed. 281 12 Wall. 102 FOWLERv.RATHBONES. December Term, 1870 ERROR to the Circuit Court for the Southern District of New York. This was an action of assumpsit, brought in the court below by the owners of the ship Oneiza, to recover from the defendants, as consignees and owners […]

79 U.S. 121 79 U.S. 121 20 L.Ed. 279 12 Wall. 121 NOONANv.BRADLEY, ADMINISTRATOR. December Term, 1870 ON motion. The facts were these: Lee, domiciled in New York, sold and conveyed in 1855 to Noonan, domiciled in Wisconsin, a tract of land in the latter State, taking his bond and mortgage for the purchase-money. But […]

79 U.S. 1 79 U.S. 1 20 L.Ed. 272 12 Wall. 1 THE COLLECTORv.HUBBARD. December Term, 1870 ERROR to the Supreme Court of Connecticut; the case being thus: The 117th section of the Internal Revenue Act of June 30th, 1864,1 which laid what was known as the income tax, after providing for the collection of […]

78 U.S. 82 78 U.S. 82 20 L.Ed. 47 11 Wall. 82 THE PROTECTOR. December Term, 1870 ON motion to dismiss an appeal; the case being this: By the 22d section of the Judiciary Act it is enacted that decrees in civil actions may be brought here by writ of error. By the 32d section […]

78 U.S. 88 78 U.S. 88 20 L.Ed. 153 11 Wall. 88 UNITED STATESv.TYNEN. December Term, 1870 On certificate of division in opinion between the judges of the Circuit Court for the District of California; the case was thus: Tynen, the defendant, was indicted under the thirteenth section of the act of Congress of March […]

78 U.S. 96 78 U.S. 96 20 L.Ed. 155 11 Wall. 96 NEW ALBANYv.BURKE. December Term, 1870 APPEAL from the Circuit Court for the District of Indiana; the case being thus: Burke and others, complainants in the court below, were equitable owners of a judgment recovered on the 14th day of November, 1857, in the […]

78 U.S. 65 78 U.S. 65 20 L.Ed. 60 11 Wall. 65 MORGANv.THORNHILL. December Term, 1870 ON motion to dismiss an appeal from the Circuit Court from the District of Louisiana; the case being this: ‘An act to establish a uniform system of bankruptcy throughout the United States,’ approved March 2, 1867,1 and which gives […]

78 U.S. 659 78 U.S. 659 20 L.Ed. 29 11 Wall. 659 Cookv.BURNLEY. December Term, 1867 ERROR to the District Court for the Eastern District of Texas, in a suit brought by Burnley and Porter against Cook, Eller, Elam, and several others. The case was thus: Along the coast of Texas, small tide-water bayous, or […]

78 U.S. 672 78 U.S. 672 20 L.Ed. 84 11 Wall. 672 COOKv.BURNLEY. December Term, 1870 THE judgment which is above reported as having been affirmed, was so affirmed at the December Term, 1867. A mandate accordingly issued to the court below, reciting the judgment of this court, and directing that ‘such execution and proceedings […]

78 U.S. 678 78 U.S. 678 20 L.Ed. 32 11 Wall. 678 WHITELEYv.KIRBY. December Term, 1868 APPEAL from the Circuit Court for the Southern District of Ohio. Kirby and Osborn filed a bill in the court below against Whiteley and others, to enjoin them from infringing their patent, originally issued to Byron Dinsmore, February 10, […]

78 U.S. 682 78 U.S. 682 11 Wall. 682 LEGAL TENDER CASES. December Term, 1870 1 In these cases (Knox v. Lee and Parker v. Davis), two questions were some time since directed to be argued, namely: 1st. Is the act of Congress known as the Legal Tender Act constitutional as to contracts made before […]

78 U.S. 632 78 U.S. 632 20 L.Ed. 230 11 Wall. 632 UNITED STATESv.LYNDE. December Term, 1870 APPEAL from the District Court of the United States for the District of Louisiana. The heirs of John Lynde filed a petition in the court below, the object of the suit having been to obtain the recognition and […]

78 U.S. 648 78 U.S. 648 20 L.Ed. 188 11 Wall. 648 UNITED STATESv.WRIGHT. December Term, 1870 ERROR to the Circuit Court for the Middle District of Tennessee. This was an action by the United States against a principal and his sureties on a postmaster’s bond. At the trial, the defendants claimed, by way of […]

78 U.S. 650 78 U.S. 650 20 L.Ed. 188 11 Wall. 650 MANNv.ROCK ISLAND BANK. December Term, 1870 APPEAL from the Circuit Court for Wisconsin. The Rock Island Bank filed a bill in chancery in the Circuit Court below against one Mann and his wife, setting forth in a full and minute way its history […]

78 U.S. 652 78 U.S. 652 20 L.Ed. 235 11 Wall. 652 HENDERSON’S TOBACCO. December Term, 1870 In error to the Circuit Court for the District of Iowa. This was an information under the act of July 20, 1868,1 entitled ‘An act imposing taxes on distilled spirits and tobacco, and for other purposes,’ to enforce […]

78 U.S. 624 78 U.S. 624 20 L.Ed. 82 11 Wall. 624 BANKv.CARROLLTON RAILROAD. December Term, 1870 APPEAL from the Circuit Court for the District of Louisiana. The Fourth National Bank of New York filed a bill in December, 1867, in the court below against the New Orleans and Carrollton Railroad Company, Beauregard, Hernandez, Binder, […]

78 U.S. 581 78 U.S. 581 20 L.Ed. 216 11 Wall. 581 LUDLOWv.RAMSEY. December Term, 1870 APPEAL from the Circuit Court for the Eastern District of Tennessee, the case being thus: The code of Tennessee of 1857-8, under its chapter on ‘Attachments,’ enacts that a plaintiff after action for any cause has been brought may, […]

78 U.S. 591 78 U.S. 591 20 L.Ed. 220 11 Wall. 591 REEDv.UNITED STATES. December Term, 1870 APPEAL and cross appeal from the Court of Claims, in the claim of Reed and others; the case, as found by the said court, being this: ‘The claimants were, on the 1st of June, 1865, owners of the […]

78 U.S. 610 78 U.S. 610 20 L.Ed. 223 11 Wall. 610 DUNPHYv.KLEINSMITH AND DUER. December Term, 1870 APPEAL from the Supreme Court of the Territory of Montana. The case was that of a creditor’s bill filed by Kleinsmith, one appellee, against E. M. Dunphy, the appellant, and one Benajah Morse, surviving partner of Elkanah […]

78 U.S. 616 78 U.S. 616 20 L.Ed. 227 11 Wall. 616 THE CHEROKEE TOBACCO. December Term, 1870 ERROR to the District Court for the Western District of Arkansas; the case involving, first, the question of the intention of Congress, and, second, assuming the intention to exist, the question of its power, to tax certain […]