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1865 Cases

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Affirmed Intellectual Property 1865

Beard v. Federy

Beard v. Federy. 1. The act of August 31st, 1852, relating to appeals from the Board of Land Commissioners to ascertain and settle private land claims in California, created under the act of March 3d, 1851, provides that the filing of a tra

70 U.S. 478 Supreme Court of the United States Read opinion
Outcome n/a Personal Injury 1865

Simpson & Co. v. Dall

Simpson & Co. v. Dall. 1. Where a bill of exceptions at all fairly discloses the fact that the exceptions were made in proper time, this court will not allow the right of review by it to be defeated because the bill uses words in the presen

70 U.S. 460 Supreme Court of the United States Read opinion
Affirmed Bankruptcy & Debt 1865

The Sally Magee

The Sally Magee. 1. When a vessel is liable to confiscation, the first presumption is that the cargo is so as well. 2. The prim& facie legal effect of a bill of lading, as regards the consignee, is to vest the ownership of the goods consign

70 U.S. 451 Supreme Court of the United States Read opinion
Outcome n/a 1865

Green v. Van Buskerk

Green v. Van Buskerk. The ten days given hy the 23d section of the Judiciary Act, to ta^e a writ of error from this court, run from the day when judgment is entered in the court whore the record remains; and when judgment is given in the hi

70 U.S. 448 Supreme Court of the United States Read opinion
Affirmed Tax Law 1865

United States v. Fisk

United States v. Fisk. “Bankers” who sell the Federal securities no otherwise than for the United States ar.d for themselves, and who, therefore, do not sc-U them for others or for a commission, are not liable to pay the duties imposed by t

70 U.S. 445 Supreme Court of the United States Read opinion
Outcome n/a Tax Law 1865

United States v. Cutting

United States v. Cutting. Under the Internal Revenue Act of June 30, 1864, as amended by the act of March 3, 1865, the sales of stocks, bonds, and securities made by “ brokers" for themselves are subject to the same duties as those made by

70 U.S. 441 Supreme Court of the United States Read opinion
Affirmed Intellectual Property 1865

Peralta v. United States

Peralta v. United States. 1. Written documentary evidence, no matter how formal and complete, or how well supported by the testimony of witnesses, if coming from private , hands, is insufficient to establish a Mexican grant if there is noth

70 U.S. 434 Supreme Court of the United States Read opinion
Outcome n/a Employment Law 1865

The Iron-clad Atlanta

The Iron-clad Atlanta. 1. On a question under the act of Congress of July 17, 1862, which distributes prize-money according to the fact whether the captured vessel-* is of equal or superior force to the vessel or vessels making the capture,

70 U.S. 425 Supreme Court of the United States Read opinion
Dismissed 1865

Barrel v. Transportation Co.

Barrel v. Transportation Company. A petition for an appeal to this court fro^ the Circuit Court, filed in the office of the clerk of the Circuit Court merely, unaccompanied by an allowance of the appeal by that court, does not bring the cas

70 U.S. 424 Supreme Court of the United States Read opinion
Outcome n/a Business & Corporate Law 1865

De Sobry v. Nicholson

De Sobry v. Nicholson. 1. A motion to dismiss a case, from want of proper citizenship in the parties, cannot he made at the trial and after pleading a general issue and special defences. 2. Where a contract, under which a party would he pre

70 U.S. 420 Supreme Court of the United States Read opinion
Outcome n/a Tax Law 1865

United States v. Holliday

United States v. Holliday. Same v. Haas. 1. The 12th section of the Judiciary Act of 1789, which gives to the Circuit Courts concurrent jurisdiction of all crimes and offences cognizable in the District' Courts, is prospective, and embraces

70 U.S. 407 Supreme Court of the United States Read opinion
Affirmed Estate Planning & Probate 1865

Comstock v. Crawford

Comstock v. Crawford. 1. The recital in the record of proceeding of a Probate Court, under a statute of Wisconsin Territory, of facts necessary to give such court jurisdiction, is primO, facie evidence of the facts recited. S. The jurisdict

70 U.S. 396 Supreme Court of the United States Read opinion
Affirmed Tax Law 1865

McGuire v. Commonwealth

McGuire v. The Commonwealth. (MERITS.) 1. A license granted by the United States, under the Internal Revenue Act of July 1,1862, to carry on the business of a wholesale liquor'dealer, in a particular State named, does not, although it have

70 U.S. 387 Supreme Court of the United States Read opinion
Outcome n/a Tax Law 1865

McGuire v. Commonwealth

McGuire v. The Commonwealth. (MOTIONS.) 1. Where a party is indicted in a State court for doing an act contrary to the statute of the State, and sets up a license from the United States under one of its statutes, and the decision of the Sta

70 U.S. 382 Supreme Court of the United States Read opinion
Affirmed 1865

Brown v. Tarkington

Brown v. Tarkington. Promissory notes given for a balance found due on settlement in a transaction itself forbidden by statute and illegal, or for money lent to enable a party to pay bills which the person taking the promissory notes had hi

70 U.S. 377 Supreme Court of the United States Read opinion
Remanded Business & Corporate Law 1865

McAndrews v. Thatcher

McAndrews v. Thatcher. The liability of a cargo to contribute, in general average, in favor of the ship, does not continue after the cargo has been completely separated from the vessel, so as to leave no community of interest remaining. Thi

70 U.S. 347 Supreme Court of the United States Read opinion
Affirmed Family Law 1865

Buck v. Colbath

Buck v. Colbath. I. A suit prosecuted in the State courts to the highest court of such State, against a marshal of the United States for trespass, who defends himself on the ground that the acts complained of were performed by him under a w

70 U.S. 334 Supreme Court of the United States Read opinion
Outcome n/a Intellectual Property 1865

Minnesota Co. v. National Co.

Minnesota Company v. National Company. The court — deciding that the present case is the same in fact as one already twice before it and already twice decided in the same way — rebukes, with some asperity, the practice of counsel who attemp

70 U.S. 332 Supreme Court of the United States Read opinion
Reversed Tax Law 1865

Thomson v. Lee County

Thomson v. Lee County. The general doctrines of this court, as settled by various recent decisions, on the subject of railroad bonds issued by municipal corporations to “bearer,” and which have passed into the hands of íoná fule holders for

70 U.S. 327 Supreme Court of the United States Read opinion
Outcome n/a Tax Law 1865

Cheang-Kee v. United States

Cheang-Kee v. United States. 1. The action of a Circuit Court relative to a motion and order for judgment, is a matter within the Circuit Court’s discretion, and not a subject for review here. 2. Tinder a statute of California, which provid

70 U.S. 320 Supreme Court of the United States Read opinion
Affirmed Intellectual Property 1865

Suffolk Co. v. Hayden

The Suffolk Company v. Hayden. 1. Where a party having made application for a patent for certain improvements, afterwards, with his claim, still on file, makes application for another but distinct improvement in the same branch of art, in w

70 U.S. 315 Supreme Court of the United States Read opinion
Outcome n/a Personal Injury 1865

The Granite State

The Granite State. 1. Where tbe question of fault in a collision lies, on the one hand, between a boat fast at a wharf, out of the track of other vessels, and moored, in all respects of place and signals, or want of them, according to the p

70 U.S. 310 Supreme Court of the United States Read opinion
Outcome n/a Intellectual Property 1865

Mining Co. v. Boggs

Mining Company v. Boggs. 1. In a suit to recover mineral lands on the Pacific coast, with the mines therein, an allegation of record, of prior possession of the land for the purpose of taking out the minerals, without an allegation that suc

70 U.S. 304 Supreme Court of the United States Read opinion
Outcome n/a Tax Law 1865

Havemeyer v. Iowa County

Havemeyer v. Iowa County. 1. The case of Gelpcke v. The City of Dubuque (1 Wallace, 175), affirmed and enforced; and the doctrine reasserted, that if a contract, when made, was valid by the constitution and laws of a State, as then expounde

70 U.S. 294 Supreme Court of the United States Read opinion

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