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1876 Cases

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Remanded Business & Corporate Law 1876

United States v. Bostwick

United States v. Bostwick. 1. In this case, no formal lease of the property was executed; but the court holds that the correspondence under which the United States entered into occupancy constituted a contract of letting for one year, with

94 U.S. 53 Supreme Court of the United States Read opinion
Outcome n/a Insurance Law 1876

Doyle v. Wisconsin

Doyle v. Wisconsin. Sect. 1007 of the Revised Statutes, which, as amended by the act of Feb. 18, 1875 (18 Stat. part 3, p. 316), provides that, where a writ of error may operate as a supersedeas, execution shall not issue until the expirati

94 U.S. 50 Supreme Court of the United States Read opinion
Reversed Personal Injury 1876

Utley v. Donaldson

Utley v. Donaldson. 1. The telegraphic correspondence in this case, in relation to the sale and purchase of certain bonds, considered, and held to constitute a complete contract of sale upon the condition, or with an implied warranty, that

94 U.S. 29 Supreme Court of the United States Read opinion
Reversed Bankruptcy & Debt 1876

Humes v. Scruggs

Humes v. Scruggs. 1 A general replication denies every allegation in the answer of a defendant not responsive to the bill. Therefore, he must prove his -allegation of a decree in a former suit pleaded by way of estoppel. 2. A decree in a su

94 U.S. 22 Supreme Court of the United States Read opinion
Outcome n/a Estate Planning & Probate 1876

Ex parte Cutting

Ex parte Cutting. 1. To entitle a petitioner to a writ of mandamus to compel a circuit court to allow an appeal from its decree, he must show that he has a clear right to an appeal which has been refused him by that court. 2. Mandamus does

94 U.S. 14 Supreme Court of the United States Read opinion
Remanded Bankruptcy & Debt 1876

Atlantic & Pacific Railroad v. Hopkins

Atlantic and Pacific Railroad Company v. Hopkins. 1. In.Kansas, an order of a court in a proceeding in aid of execution directing a garnishee to pay to the judgment, creditor money which he owes to the judgment debtor is not a judgment, and

94 U.S. 11 Supreme Court of the United States Read opinion
Reversed Employment Law 1876

Pike v. Evans

Pike v. Evans. 1. Although, in Louisiana, informalities which occur in a sheriff’s proceeding under execution may, if taken advantage of in due time, be good grounu for annulling a sale made by him, yet, if he, being thereunto authorized, s

94 U.S. 6 Supreme Court of the United States Read opinion
Affirmed Employment Law 1876

Hoadley v. San Francisco

Hoadley v. San Francisco. 1. Under the fifth section of the act of -March 3, 1875 (18 Stat. 471), this court has -jurisdiction to review an order of a circuit court dismissing a cause, or remanding it to the State court from which it had be

94 U.S. 4 Supreme Court of the United States Read opinion
Affirmed Bankruptcy & Debt 1876

Wheeler v. Sedgwick

Wheeler v. Sedgwick. An objection of tbe defendant that the evidence admitted in the court below tended to prove that he was not solely liable to the plaintiff for one of the items of the account sued upon, cannot be made for the first time

94 U.S. 1 Supreme Court of the United States Read opinion
Affirmed 1876

Kibbe v. Ditto

Kibbe v. Ditto et al. The act of the general assembly of Illinois, entitled “ An Act to protect married women in their separate property,” approved Feb. 21, 1861, repeals, by implication, so much of the saving clause of the Statute of Limit

93 U.S. 674 Supreme Court of the United States Read opinion
Reversed Business & Corporate Law 1876

Hervey v. Rhode Island Locomotive Works

Hervey et al. v. Rhode Island Locomotive Works. 1. The doctrine announced in Green v. Van Buslcirk, 6 Wall. 307, id. 139, — that the liability of property to be sold under legal process, issuing from the courts of the State where it is situ

93 U.S. 664 Supreme Court of the United States Read opinion
Affirmed Immigration Law 1876

Tameling v. United States Freehold & Emigration Co.

Tameling v. United States Freehold and Emigration Company. The action of Congress confirming a private land claim in New Mexico, as recommended for confirmation by the surveyor-general' of that Territory, is not subject to judicial review.

93 U.S. 644 Supreme Court of the United States Read opinion
Affirmed Estate Planning & Probate 1876

Bayne v. United States

Bayne et al., Trustees, v. United States. A party who obtains from a disbursing officer public moneys without right thereto, and with full knowledge that they are such, becomes indebted to the United States, within the meaning of thd- fifth

93 U.S. 642 Supreme Court of the United States Read opinion
Affirmed Intellectual Property 1876

Heydenfeldt v. Daney Gold & Silver Mining Co.

Heydenfeldt v. Daney Gold and Silver Mining Company. 1. At the time of the passage of the Nevada Enabling Act, approved March 21, 1861 (13 Stat. 30), sections 16 and 36 in the several townships in Nevada had not been surveyed, nor had Congr

93 U.S. 634 Supreme Court of the United States Read opinion
Affirmed Bankruptcy & Debt 1876

Donaldson v. Farwell

Donaldson, Assignee, v. Farwell et al. 1. Where a party, by fraudulently concealing his insolvency and his intent not to pay. for goods, induces the owner to sell them to him on credit, the vendor, if no innocent third party'has acquired an

93 U.S. 631 Supreme Court of the United States Read opinion
Reversed Tax Law 1876

United States v. Ferrary

United States v. Ferrary et al. 1. Where, pursuant to the tenth section of the act of July 20,1868 (15 Stat. 129), • a survey of a distillery and an estimate of its producing capacity is made, ’ and a copy thereof furnished the distiller, s

93 U.S. 625 Supreme Court of the United States Read opinion
Affirmed 1876

Board of Supervisors v. Lackawana Iron & Coal Co.

Board of Supervisors of Wood County v. Lackawana Iron and Coal Company. The acts of March 8,1867, c. 93, of March 3,1869,- c. 166, and of Peb. 17, 1871, of Wisconsin, under which certain bonds were issued to the Green Bay and Lake Pepin Rai

93 U.S. 619 Supreme Court of the United States Read opinion
Affirmed Business & Corporate Law 1876

City of Winona v. Cowdrey

City of Winona v. Cowdrey. The contract between the city of AVinona and the Minnesota Railway Construc- ' tion Company, bearing date April 23, 1870, construed, and the rights of the respective parties thereto discussed. Error to the Circuit

93 U.S. 612 Supreme Court of the United States Read opinion
Affirmed 1876

Desmare v. United States

Desmare v. United States. 1. A domicile once existing continúes until another is acquired; and, where a change thereof is alleged, the burden of proof rests upon the party making the allegation. 2. A., whose domicile was, and continued duri

93 U.S. 605 Supreme Court of the United States Read opinion
Affirmed Tax Law 1876

Badger v. United States ex rel. Bolles

Badger et al. v. United States ex rel. Bolles. A supervisor, town-clerk, or justice of the peace, although his resignation is tendered to and accepted by the proper, authority, continues in office, ánd is not relieved from his duties arid r

93 U.S. 599 Supreme Court of the United States Read opinion
Affirmed Tax Law 1876

West Wisconsin Railway Co. v. Board of Supervisors

West Wisconsin Railway Company v. Board of Supervisors of Trempealeau County. The doctrine announced in Tucker v. Ferguson, 22 Wall. 627, — that an act of the legislature of á State, exempting property of a railroad company from taxation, i

93 U.S. 595 Supreme Court of the United States Read opinion
Affirmed Business & Corporate Law 1876

Bond v. Moore

Bond et al. v. Moore. The order of the President of the United States of April 29,1865 (13 Stat. 776), removed, from that date, all restrictions upon commercial intercourse between Tennessee and New Orleans; and neither the rights nor the d

93 U.S. 593 Supreme Court of the United States Read opinion
Affirmed 1876

Mackie v. Story

Mackie et al. v. Story. 1. In Louisiana, a legacy to two persons, “ to be divided equally between them,” is a conjoint one. If but one of them survives the testator, he is entitled, by accretion, to the whole of the thing bequeathed. 2, Par

93 U.S. 589 Supreme Court of the United States Read opinion
Dismissed Tax Law 1876

United States v. Thompson

United States v. Thompson et al. Judgments in the State Courts against the United States cannot be brought here for re-examination upon a writ df error, except in cases where the same relief would be afforded to private parties. . Error to

93 U.S. 586 Supreme Court of the United States Read opinion

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