Category: 1871

80 U.S. 335 80 U.S. 335 20 L.Ed. 646 13 Wall. 335 BRADLEYv.FISHER. December Term, 1871 ERROR to the Supreme Court of the District of Columbia. This was an action brought by Joseph H. Bradley, who was, in 1867, an attorney-at-law, practicing in the Supreme Court of the District of Columbia, against George P. Fisher, […]

80 U.S. 35 80 U.S. 35 20 L.Ed. 479 13 Wall. 35 UNITED STATESv.CLYDE. December Term, 1871 APPEAL from the Court of Claims. Clyde presented his petition in that court, claiming, by one count of it (the first), compensation for the use of his ferry-boat Tallacca. The facts found by the court were, that on […]

80 U.S. 270 80 U.S. 270 20 L.Ed. 571 13 Wall. 270 RAILWAY COMPANYv.WHITTON’S ADMINISTRATOR. December Term, 1871 1 [Syllabus from pages 270-272 intentionally omitted] 2 ERROR to the Circuit Court for the Eastern District of Wisconsin. 3 Henry Whitton, as administrator of the estate of his wife in Wisconsin, under letters of administration granted […]

80 U.S. 29 80 U.S. 29 20 L.Ed. 517 13 Wall. 29 LOW ET AL.v.AUSTIN. December Term, 1871 ERROR to the Supreme Court of the State of California. The statutes of California, in force in 1868, provided that ‘all property of every kind, name, and nature whatsoever within the State’ (with certain exceptions), should be […]

80 U.S. 291 80 U.S. 291 20 L.Ed. 562 13 Wall. 291 MYERSv.CROFT. December Term, 1871 ERROR to the Circuit Court for the District of Nebraska; the case being thus: An act of Congress entitled ‘An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights,’ approved September […]

80 U.S. 297 80 U.S. 297 20 L.Ed. 579 13 Wall. 297 PENDLETON COUNTYv.AMY. December Term, 1871 ERROR to the Circuit Court for the District of Kentucky. Amy brought suit in April, 1869, against the county of Pendleton, in Kentucky, to recover the aggregate amount of certain coupons or interest warrants attached to fifty bonds […]

80 U.S. 3 80 U.S. 3 20 L.Ed. 556 13 Wall. 3 NORWICH TRANSPORTATION COMPANYv.FLINT. December Term, 1871 ERROR to the Circuit Court for the District of Connecticut. Flint brought an action on the case in the court below against the Norwich and New York Transportation Company, to recover damages for an injury received by […]

80 U.S. 257 80 U.S. 257 20 L.Ed. 635 13 Wall. 257 KLINGERv.STATE OF MISSOURI. December Term, 1871 ERROR to the Supreme Court of Missouri; the case being thus: By the third section of the second article of the constitution of Missouri, adopted in April, 1865, it was declared in substance that no person who […]

80 U.S. 264 80 U.S. 264 20 L.Ed. 568 13 Wall. 264 WILMINGTON RAILROADv.REID, SHERIFF. December Term, 1871 ERROR to the Supreme Court of North Carolina; the case being thus: In 1853 the legislature of North Carolina chartered the Wilmington and Raleigh Railroad Company. One section of the charter ran thus: ‘It shall be lawful […]

80 U.S. 269 80 U.S. 269 20 L.Ed. 570 13 Wall. 269 THE RALEIGH AND GASTON RAILROAD CO.v.REID, SHERIFF. December Term, 1871 In the case just above adjudged and reported, the property of the railroad company could not by its charter be taxed under any circumstances. In the case of the charter of the railroad […]

80 U.S. 244 80 U.S. 244 20 L.Ed. 539 13 Wall. 244 BATH COUNTYv.AMY. December Term, 1871 ERROR to the Circuit Court for the District of Kentucky; the case being thus: The 11th section of the Judiciary Act of 1789, enacts that—— ‘The Circuit Court shall have original cognizance concurrent with the courts of the […]

80 U.S. 25 80 U.S. 25 20 L.Ed. 530 13 Wall. 25 UNITED STATESv.WORMER. December Term, 1871 APPEAL from the Court of Claims. The claimant demanded $15,000 from the government by way of damages for breach of contract. The principal facts were that on the 26th day of February, 1864, he entered into a written […]

80 U.S. 251 80 U.S. 251 20 L.Ed. 610 13 Wall. 251 UNITED STATESv.AVERY. December Term, 1871 1 ON certificate of division in opinion between the judges of the Circuit Court for the District of South Carolina: 2 Avery and others were indicted under the act of May 31st, 1870,1 known as the Enforcement Act, […]

80 U.S. 254 80 U.S. 254 20 L.Ed. 681 13 Wall. 254 UNITED STATESv.WILDER. December Term, 1871 APPEAL from the Court of Claims. On the 23d of May, 1861, Burbank & Co. contracted with Major McKinstry, a quartermaster of the United States, to furnish transportation for all public stores from St. Paul to Fort Abercrombie, […]

80 U.S. 188 80 U.S. 188 20 L.Ed. 538 13 Wall. 188 WELLSv.McGREGOR. December Term, 1871 MOTION, by Mr. Robert Leech, to dismiss a writ of error to the Supreme Court of Montana; the case being thus: The 22d section of the Judiciary Act of 1789,1 gives writs of error to Circuit Courts of the […]

80 U.S. 190 80 U.S. 190 20 L.Ed. 550 13 Wall. 190 PENNSYLVANIA COLLEGE CASES. December Term, 1871 ERROR in three different suits to the Supreme Court of Pennsylvania, there and here, argued and adjudged together; the case being thus: On the 15th of January, 1802, the legislature of Pennsylvania incorporated a college in the […]

80 U.S. 222 80 U.S. 222 20 L.Ed. 617 13 Wall. 222 INSURANCE COMPANYv.WILKINSON. December Term, 1871 In error to the Circuit Court for the District of Iowa; the case being thus: The Union Mutual Insurance Company, of Maine, insured the life of Mrs. Malinda Wilkinson in favor of her husband. Both husband and wife, […]

80 U.S. 236 80 U.S. 236 20 L.Ed. 624 13 Wall. 236 EX PARTE McNIEL. December Term, 1871 SUR petition for a writ of prohibition to the judge of the District Court of the United States for the Eastern District of New York. Mr. Donohue, in support of the petition; Mr. F. A. Wilcox, contra. […]

80 U.S. 166 80 U.S. 166 20 L.Ed. 557 13 Wall. 166 PUMPELLYv.GREEN BAY COMPANY. December Term, 1871 ERROR to the Circuit Court of the United States for the District of Wisconsin; the case being thus: The Constitution of Wisconsin ordains that ‘The property of no person shall be taken for public use without just […]

80 U.S. 17 80 U.S. 17 20 L.Ed. 527 13 Wall. 17 BOYDEN ET AL.v.UNITED STATES. December Term, 1871 IN error to the Circuit Court for the District of Wisconsin. The United States sued Boyden and his sureties on his official bond as receiver of public moneys for the district of lands subject to sale […]