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DIGEST OF CASES DECIDED IN THE SUPREME COURT
OF THE UNITED STATES,
ACT OF CONGRESS. Evidence of the year in which an act was signed Approved, December 24. Abraham Lincoln,” is admissible. — Gardner v. The Collector, 6 Wallace, 499. ADMIRALTY. — See BLOCKADE; COLLISION; CONFISCATION, 1; JURISDICTION,
2, 8; PLEADING AND PRACTICE, 12, 13; PRIZE.
ALIEN. Until office found, an alien may hold land against all but the sovereign. His naturalization is a waiver of forfeiture of lands previously held by him. — Osterman v. Baldwin, 6 Wallace, 116. ALTERATION OF INSTRUMENT. — See BillS AND NOTES, 1.
AMNESTY. - See CONFISCATION, 2, 3.
JURISDICTION, 7; PLEADING AND PRACTICE, 2, 3.
ATTORNEY. — See EVIDENCE, 1.
BAILMENT. D. gratuitously made to a third party a loan of T.'s money, secured by a mortgage, which D. did not have recorded, but which was in T.'s hands long before a second mortgage was recorded. Held, that D. was not liable to T.Turton v. Dufief, 6 Wallace, 420.
BANK. - See CONSTITUTIONAL LAW, 3–5; CORPORATION.
BILL OF SALE. — See LIEN, 1.
BILLS AND NOTES. 1. An erasure and change of the date of a note, delaying the time of payment, by one of two makers before parting with it, but after the signature, and without the knowledge of the other, a surety, discharges the latter. – Wood v. Steele, 6 Wallace, 80.
2. The payee of several Louisiana notes, secured by mortgage, indorsed one of them in blank, and intrusted it to a bank for collection. Plaintiff bought it
CASES FOLLOWED OR DENIED. 1. The decision of Gaines v. Hennen, 24 How. 553, affirmed, on a reconsideration of the facts (GRIER, SWAYNE, and MILLER, JJ., dissenting).
- Gaines v. New Orleans, 6 Wallace, 642. See Gaines v. De La Croix, ib. 719.
2. An order of sale, under a New York special Act of March 29, 1816, and preceding acts, held to be valid; also, to have been determined, by necessary intendment, in Clarke v. Van Surlay, 15 Wendell, 447, and Towle v. Forney, 14 N.Y. 426.
Suydam v. Williamson, 24 How. 427, declaring acts discharging certain trustees at their own request, and substituting another, to be constitutional, affirmed. - Williamson v. Suydam, 6 Wallace, 723.
3. Sheehy v. Mandeville, 6 Cranch, 253, denied in Mason v. Eldred, 6 Wallace, 231. See Joint DEBTOR.
CHARITY. — See Will.
CLAIMS, Court OF. — See Court of CLAIMS.
COLLISION. 1. The usual path of steamers ascending the Hudson is east of the centre of the channel. A steamer came up on the west side, and ran into a descending boat. Held, that the steamer was liable.
Objections to the amount of damages overruled, the commissioner's report in the District Court not having been excepted to. — The Vanderbilt, 6 Wallace, 225.
2. A case of collision between a river propeller and schooner decided against the propeller on the facts (want of proper lookout, slowing instead of stopping, &c., although the schooner displayed no lights). - The Hypodame, 6 Wallace, 216.
COMPANY. - See CORPORATION.
CONDITION. — See INSURANCE, 2.
CONFISCATION. 1. Under the Act of Aug. 6, 1861, the Circuit Courts have jurisdiction of proceedings instituted there for the confiscation of land. The proceedings in this case having been according to the course of admiralty, an appeal was allowed (by a majority of the court) only to direct a new trial, with a jury, &c., as in cases of seizure upon land. — Union Insurance Co. v. United States, 6 Wallace, 759 ; Armstrong's Foundry, ib. 766; St. Louis Street Foundry, ib. 770. See United States v. Hart, ib. 770, 772.
2. A full pardon granted, accepted, and its conditions complied with by the owner of property libelled under the Act of Aug. 6, 1861, relieves him of so much of the forfeiture as would have accrued to the United States (MILLER, J., dissenting). – Armstrong's Foundry, 6 Wallace, 766.
Payment being by the cubic yard, the loss of extra embankment, made necessary by the settling of the batture beneath, falls on Government.
The work was to be done “ at such places as shall be directed by the" Government engineer. Quære, on whom loss by shrinkage, and the action of the current, fell. — Clark v. United States, 6 Wallace, 543. See ILLEGAL CONTRACT.
CONVERSION. — See SALE, 1.
CORPORATION. R. was appointed trustee of a bank deprived of its charter on quo warranto to collect debts due the same, and apply the proceeds in payment of debts of said bank. After R. had paid said debts, he was ordered to pay the surplus to F., as receiver for the stockholders, which he did, including notes of L. given to R. for a debt due said bank. Held, that L.'s debt was not extinguished by the forfeiture of the bank's charter, and that F. could sue in R.'s name. — Lum v. Robertson, 6 Wallace, 277. See CONSTITUTIONAL LAW, 3–5.
Costs. When a case is remanded from a court for want of jurisdiction, costs in said court cannot be decreed. — The Mayor v. Cooper, 6 Wallace, 247.
COURT OF CLAIMS. 1. Under the act of March 3, 1863, § 5, the right of either party to appeal from a judgment of the Court of Claims to the Supreme Court of the United States is absolute.
By the third rule of the Supreme Court on the subject, the limitation of time ceases to run after a sufficient indication of intent to exercise said right, although the appeal be not completed by the finding of the facts, &c., and by its allowance by the Court of Claims till afterwards.
An appeal may be taken by filing an application for its allowance with the clerk, either in session, recess, or vacation.
A finding set out the evidence in extenso, without determining the conclusions established by the same, as required by the rules of the Supreme Court. The case was remanded without dismissal.
A finding that an allegation of fraud is not sustained by the evidence without setting out the evidence, is of the character required by the rules. — United States v. Adams, 6 Wallace, 101.
2. After a claim to a military bounty land warrant had been rejected by the Commissioner of Pensions and Secretary of the Interior, the Court of Claims decreed that the claimant recover such a warrant. Held, that, by act of March 3, 1863, § 7, it could only give judgments for money. The cause was afterwards re-instated on motion of the United States under the act of March 3, 1863, $ 5. – United States v. Alire, 6 Wallace, 573.
CREDITOR. - See FRAUD, 1.