Category: 1871

80 U.S. 636 80 U.S. 636 20 L.Ed. 503 13 Wall. 636 UNITED STATESv.KIMBAL. December Term, 1871 1 APPEAL from the Court of Claims; the case being thus: 2 An act of March 3d, 1849,1 enacts that any person who shall sustain damage by the abandonment or destruction by order of the commanding general, quartermaster, […]

80 U.S. 623 80 U.S. 623 20 L.Ed. 474 13 Wall. 623 UNITED STATESv.RUSSELL. December Term, 1871 APPEAL from the Court of Claims; the case being thus: By the act of Congress of 1855,1 constituting the said court, jurisdiction is given to it to hear and determine all claims against the United States, ‘founded on […]

80 U.S. 608 80 U.S. 608 20 L.Ed. 709 13 Wall. 608 PAIGEv.BANKS. December Term, 1871 APPEAL from a decree of the Circuit Court for the Southern District of New York; the case being thus: Congress by a copyright law of 31st May, 1790,1 enacted that the author and authors of any book or books, […]

80 U.S. 616 80 U.S. 616 20 L.Ed. 501 13 Wall. 616 INSURANCE COMPANYv.BAILEY. December Term, 1871 APPEAL from the Supreme Court of the District. The Phoenix Mutual Life Insurance Company filed a bill against Mrs. Elizabeth Bailey, widow of Albert Bailey, to compel the cancellation of two policies of insurance issued by that company […]

80 U.S. 581 80 U.S. 581 20 L.Ed. 638 13 Wall. 581 BLYEW ET AL.v.UNITED STATES. December Term, 1871 ERROR to the Circuit Court for the District of Kentucky; the case being this: By the Revised Statutes of Kentucky, published A.D. 1860,1 it is enacted: Under the act of 9th April, 1866 (14 Stat. at […]

80 U.S. 6 80 U.S. 6 20 L.Ed. 476 13 Wall. 6 YEAGERv.FARWELL. December Term, 1871 ERROR to the Circuit Court for the District of Missouri, the case being thus: Yeager & Co., shippers of flour, in St. Louis, and intimately associated with one Kerckhoff, a miller of that place, who was then building a […]

80 U.S. 602 80 U.S. 602 20 L.Ed. 527 13 Wall. 602 MASONv.ROLLINS ET AL. December Term, 1871 MOTION by Mr. C. H. Hill, Assistant Attorney-General (Mr. Edward Roby, opposing), to dismiss three appeals from the Circuit Court for the Northern District of Illinois; the appeals being from decrees in equity dismissing the cases for […]

80 U.S. 603 80 U.S. 603 20 L.Ed. 708 13 Wall. 603 INSURANCE COMPANYv.BARTON. December Term, 1871 ERROR to the Circuit Court for the District of Missouri. Mr. M. H. Carpenter, for the plaintiff in error; Mr. F. A. Dick, contra. Mr. Justice SWAYNE stated the case delivered the opinion of the court. 1 The […]

80 U.S. 604 80 U.S. 604 20 L.Ed. 547 13 Wall. 604 DOOLEYv.SMITH. December Term, 1871 MOTION by Mr. W. H. Wadsworth, for the defendant in error (Mr. G. Davis, opposing), to dismiss a writ of error to the Court of Appeals of the State of Kentucky, taken on the assumption that the case came […]

80 U.S. 517 80 U.S. 517 20 L.Ed. 543 13 Wall. 517 RAILROAD COMPANYv.SOUTTER ET AL. December Term, 1871 APPEAL from the Circuit Court for the District of Wisconsin. The Milwaukee and Minnesota Railroad Company filed a bill in equity, in June, 1859, against Soutter (survivor of Bronson), Russell Sage, and several other natural or […]

80 U.S. 526 80 U.S. 526 20 L.Ed. 631 13 Wall. 526 COMMONWEALTHv.BOUTWELL. December Term, 1871 THIS was a petition by the State of Kentucky, through its constituted authority, asking this court, in the exercise of its original jurisdiction, for a writ of mandamus to compel the Honorable G. S. Boutwell, Secretary of the Treasury […]

80 U.S. 531 80 U.S. 531 20 L.Ed. 491 13 Wall. 531 STOCKWELLv.UNITED STATES. December Term, 1871 1 ERROR to the Circuit Court for the District of Maine. 2 The United States brought an action of debt, in the District Court for the Maine District, against D. R. Stockwell and J. L. Cutter to recover […]

80 U.S. 56 80 U.S. 56 20 L.Ed. 531 13 Wall. 56 BEVANS, RECEIVER,v.UNITED STATES. December Term, 1871 ERROR to the Circuit Court for the Eastern District of Arkansas; the case being this: Prior to February, 1860, Bevans had been appointed a receiver of public money for the district of lands, subject to sale at […]

80 U.S. 568 80 U.S. 568 20 L.Ed. 705 20 L.Ed. 706 20 L.Ed. 707 13 Wall. 568 TWENTY PER CENT. CASES. December Term, 1871 APPEAL from the Court of Claims; the case being this: A joint resolution of Congress of February 28th, 1867,1 provided: ‘That there shall be allowed and paid to the following […]

80 U.S. 497 80 U.S. 497 20 L.Ed. 663 13 Wall. 497 CHEWv.BRUMAGEN. December Term, 1871 ERROR to the Supreme Court of New Jersey; the case being thus: The Code of Procedure of the State of New York enacts by its 111th section that: ‘Every action must be prosecuted in the name of the real […]

80 U.S. 506 80 U.S. 506 20 L.Ed. 702 13 Wall. 506 FRENCHv.EDWARDS ET AL. December Term, 1871 ERROR to the Circuit Court of the United States for the District of California. This was an action for the possession of a tract of land situated in the county of Sacramento, in the State of California, […]

80 U.S. 51 80 U.S. 51 20 L.Ed. 531 13 Wall. 51 WHEELERv.HARRIS. December Term, 1871 1 THIS was a motion by Mr. Donohue to dismiss an appeal from the Circuit Court for the Southern District of New York, on the ground that a prior appeal had been taken and was pending in the same […]

80 U.S. 480 80 U.S. 480 20 L.Ed. 698 13 Wall. 480 CARPENTIERv.MONTGOMERY ET AL. December Term, 1871 ERROR to the Circuit Court for the District of California. Carpentier brought suit against Montgomery and a number of other defendants to recover certain lands in their possession, lying on the east side of the bay of […]

80 U.S. 456 80 U.S. 456 20 L.Ed. 629 13 Wall. 456 BUTLERv.WATKINS. December Term, 1871 ERROR to the Circuit Court of the United States for the District of Louisiana; the case being thus: Butler, of New Orleans, had procured one or more patents for an invention called the ‘Butler Cotton-tie,’ a machine for fastening […]

80 U.S. 465 80 U.S. 465 20 L.Ed. 507 13 Wall. 465 CAUJOLLEv.FERRI E. December Term, 1871 ERROR to the Circuit Court for the District of New York; the case being thus: The Revised Statutes of New York, on the subject of granting letters of administration, thus enact: ‘The surrogate of each county shall have […]