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# Dayton v. Lash/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
94 U.S. 112
Dayton v. Lash
This record shows that an appeal was allowed, a supersedeas bond approved, and a citation signed Feb. 26, 1876; but it does not show a service of the citation, and the affidavits presented upon this motion fail to satisfy us that proper service was ever in fact made. The appeal was, however, duly obtained; and the record has been filed and the cause docketed here. We have, therefore, the record; but a service of the citation is necessary to bring the parties before us, as the appeal was taken out of term. We cannot proceed to hear and determine the cause until the parties are here, either constructively by service, or in fact by their appearance.
Perhaps the language of Mr. Chief Justice Taney, in Villabolos v. United States, 6 How. 90, and in United States v. Curry, id. 112, as well as of Mr. Justice Nelson, in City of Washington v. Dennison, 6 Wall. 496, if read literally and without reference to the facts then under consideration, may be broad enough to justify a dismissal of this appeal, because the citation was not served before the first day of the term. But in the case of Villabolos, the real question was as to the validity of the citation, and not as to its service, if valid; in Curry's case, the citation was not issued until after the term at which the appeal was returnable; and in City of Washington v. Dennison, the effort was to obtain a supersedeas in a case where the writ was not sealed until eleven days after the rendition of the judgment. None of the cases made it necessary to decide that a citation actually issued upon the allowance of an appeal must be served before the first day of the term, in order to preserve our jurisdiction; and we think that such an omission does not avoid the appeal, but rather furnishes a case where, under the rule in Martin v. Hunter's Lessee, 1 Wheat. 361, and followed in Davidson v. Lanier, 4 Wall. 454, we 'may grant summary relief' 'by imposing such terms upon the appellants as under the circumstances may be legal and proper.'
As this appeal was returnable to the present term, and some attempt was made to serve the citation, which the appellants may have supposed was actually completed, we order that, unless the appellants cause a new citation, returnable on the first Monday in February next, to be issued and served upon the appellee before that date, the appeal be dismissed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Dayton v. Stanard

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
241 U.S. 588
Dayton v. Stanard
Argued: January 7, 1916. --- Decided: June 12, 1916
Mr. Harvey Riddell for petitioner.
Mr. Horace Phelps for respondents.
Mr. Justice Van Devanter delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Dayton Rubber Company v. Cordovan Associates Incorporated

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
364 U.S. 299
Dayton Rubber Company v. Cordovan Associates Incorporated
Philip C. Ebeling and James E. Corkey, for petitioner.
Richard W. Galiher, for respondent.
PER CURIAM.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Dayton v. Dulles

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.

## Dissenting Opinion

    Clark
United States Supreme Court
357 U.S. 144
Dayton v. Dulles
Argued: April 10, 1958. --- Decided: June 16, 1958
Mr. Harry I. Rand, Washington, D.C., for petitioner.
Mr. J. Lee Rankin, Sol. Gen., Washington, D.C., for respondent.
Mr. Justice DOUGLAS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Daytona Beach Morning Journal/1936/Lattin Trial Later

* related portals: Jarvis Andrew Lattin.
* sister projects: quotes, Wikidata item.
Jarvis Andrew Lattin (1853-1941) in News-Journal on December 4, 1936.
Lattin Trial Later. From The News-Journal Bureau. Deland, Florida; December 3, 1936. Jarvis Lattin who was arrested yesterday on a charge of assault against his wife in their Lake Helen home Monday afternoon will not be tried until his health has improved considerably, Deputy J. R. Shadburn said tonight. Lattin was removed from the county jail this afternoon to the DeLand Memorial Hospital on recommendation of his physician, Dr. Hugh West. The 84-year-old retired banker [sic] is reported to be suffering from acute alcoholism.
This work is in the public domain in the United States because it was legally published within the United States (or the United Nations Headquarters in New York subject to Section 7 of the United States Headquarters Agreement) before 1964, and copyright was not renewed.
* For Class A renewal records (books only) published between 1923 and 1963, check the Stanford University Copyright Renewal Database.
* For other renewal records of publications between 1922–1950, see the University of Pennsylvania copyright records.
* For all records since 1978, search the U.S. Copyright Office records.
Works could have had their copyright renewed between January 1st of the 27th year after publication or registration and December 31st of the 28th year. As this work's copyright was not renewed, it entered the public domain on January 1st of the 29th year.
This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
It is imperative that contributors ascertain that there is no evidence of a copyright renewal before using this license. Failure to do so will result in the deletion of the work as a copyright violation.
Public domainPublic domainfalsefalse
Notes: Jarvis Andrew Lattin had many jobs over his lifetime, but there is no evidence that he was a banker.
# Dictionary of National Biography, 1885-1900/Balmyle, Nicholas de

​BALMYLE or BALMULE, NICHOLAS de (d. 1320?), chancellor of Scotland and bishop of Dunblane, was brought up as a clerk in the monastery of Arbroath. By 1290 he had been appointed parson of Calder, for in the September of this year his name appears in that capacity among a list of Scotchmen to whom Edward I restored their estates on their swearing fidelity to him (Rot. Scot. i. 25). He is said to have been made chancellor of Scotland in 1301, and somewhere about that year is found in the St. Andrews register confirming a donation of the archbishop of that see to the church of Dervisyn. But even before this Balmyle seems to have been acting a very prominent part in an interesting Scotch ecclesiastical quarrel. In 1297 William Lamberton had been elected archbishop of St. Andrews by the canons regular of that foundation. It so happened, however, that the Culdees had long claimed the right of electing to this see, and as they now opposed the appointment of Lamberton, both parties appealed to Boniface VIII at Rome, and he gave a final decision in favour of Lamberton and the canons. So the once famous name of Culdee vanishes from history. Fordun, however, tells us that while the bishopric was vacant, its jurisdiction remained entirely in the hands of the chapter, and that this body appointed Nicholas de Balmyle, one of its officers, to execute all its functions, a duty which, the same chronicler adds, was discharged by him with the utmost vigour throughout the diocese. Balmyle is said to have been removed from the chancellorship in 1307, and it is certain that about this time hr was appointed bishop of Dunblane. For in 1309 we find his name, in company with those of many other prelates, prefixed to a document declaring Robert Bruce to be the rightful king of Scotland (Act. Parl. Scot. i. 100). Here he is described simply as bishop of Dunblane. His successor in the great office of state was Bernard, like Nicholas, a member of Arbroath Abbey, and for seventeen years the faithful councillor of Robert Bruce, till he, too, retired from political life to a bishopric. In the seventh year ​of Robert Bruce's reign the names of both the late and present chancellor are found attached to one of the deeds of the chartulary of Scone; and this seems to be the last document in which Nicholas's name occurs before his death. He is said to have died in 1319 or 1320; but he must have been already dead for some time by 25 June of the latter year, for Rymer has preserved a letter of this date, written by Edward II to the pope, begging John XXII to appoint Richard de Pontefract, a Dominican, to the see of Dunblane, and alluding to many previous letters on the same subject. In this suit, however, the king of England was unsuccessful, for Nicholas's successor appears to have been a certain Maurice.
[Keith's Catalogue of Scotch Bishops; Crawfurd's lives of the Officers of the Crown; Fordun's Scotichron. ed. Hearne, iii. 603; Rymer, iii 839; Liber Eccl. Scon. 96; Anderson's Independency, App. xiv, and authorities cited above.]
T. A. A.
# Dictionary of National Biography, 1885-1900/Balun, John de

​BALUN, JOHN de. [See Baalun.]
# Dictionary of National Biography, 1885-1900/Baltroddi, Walter de

​BALTRODDI, WALTER de (d. 1270), bishop of Caithness, succeeded Bishop William in 1261. He was doctor of the canon law, and his diocese included Caithness and Sutherland, the chapter consisting of ten canons, comprehending dean, precentor, chancellor, and treasurer. By the constitution created by one of his predecessors, the eminent prelate Gilbert Murray, he as bishop held the foremost position in chapter as well as in diocese. Thurso was the seat of the bishopric of Caithness in Bishop Walter's time, although it had been temporarily removed to Dornoch between 1222 and 1245. An historic ruin in the neighbourhood of Thurso still preserves its name of the 'bishop's palace;' the ruined church of St. Peter's, within the town, is on the site of the ancient cathedral, part of which is incorporated in the existing building of five centuries old or more.
Bishop Walter's surname is suggestive of an Italian origin. He is characterised as 'a man discreet in counsel and commendable for the sanctity of his life' in the seventeenth century Latin MSS. of Father Hay, the historian and relative of the Roslin family, preserved in the Advocates' Library, Edinburgh. According to the collections of Sir James Dalrymple, an earlier antiquarian, he is one of three Caithness bishops described as 'of good memory' in a writ dated the 10th of the calends of October, 1275. The document is a decreet-arbitral between Walter's successor, Archibald, bishop of Caithness, and William, earl of Sutherland, as to a dispute that had been open during the prelacies of Archibald and his predecessors, Walter de Baltroddi, William, and Gilbert Murray, concerning the rights of the see to certain lands, ferry tolls, and salmon fishings.
[Alex. Nisbet, in his famous work on 'Heraldry,' published in 1722, declared that he saw and examined the writ referred to above. In Sir Robert Grordon's 'Genealogical History of the House of Sutherland,' written in the reign of James I, its contents are summarised; and part of its text, which was in Latin, is quoted in Bishop Keith's 'Catalogue of Scottish Bishops.' A passing notice in Grub's 'Ecclesiastical History of Scotland,' which probably came from one of the sources already referred to, mentions Bishop Walter.]
T. S.
# Dictionary of National Biography, 1885-1900/Balmford, Samuel

​BALMFORD, SAMUEL (d. 1659?), puritan divine, is the author of two sermons published in 1659, after his death, 'Habakkuk's Prayer applyed to the Churches present occasions, on Hab. iii. 2; and Christ's Counsel to the Church of Philadelphia, on Rev. iii. 11, preached before the Provincial Assembly at London. By that late reverend and faithful minister of Jesus Christ, Mr. Samuel Balmford, pastor of Albons, Wood Street,' 8vo. From Thomas Parsons's address to the reader, it appears that the two sermons were intended as a first instalment of a collected edition of Balmford's writings; but nothing more was published. Parsons speaks of the author's piety and ability in terms of very high praise. We are told that he 'was a person of eminent orthodoxy of word and life, by both which as a burning and shining light he was an exact and powerful teacher; the observant eye of impartial conversers with him finding the transcript of his sermons in his life, his actions being living walking sermons. … For his labours in the ministry he was one would not do the work of the Lord negligently nor offer unto God what cost him nothing or a corrupt thing, when as indeed he (if any) had a male in the flock, and was a workman that needed not be ashamed.' Edmund Calamy adds a note in corroboration of the editor's testimony.
[Habakkuk's Prrayer applyed to the Churches present occasions, &c., Lond. 1659, 8vo.]
A. H. B.
# Dictionary of National Biography, 1885-1900/Balnea, Henry de

​BALNEA, HENRY de (fl. 1400?), an English monk of the Carthusian order, was author of a work entitled 'Speculum Spiritualium,' which was preserved at Norwich in Tanner's days. Of the exact date at which he flourished there seems to be no certain information; but as he quotes from both Richard Hampole, who died in 1349, and Walter Hylton, who died in 1395, he cannot well be assigned to an earlier period than the fifteenth century. Tanner infers that Henry de Balnea was an Englishman from the fact that he quotes Hylton in that tongue.
[Tanner's Bibliotheca Britannico-Hibenica.]
T. A. A.
# Dictionary of National Biography, 1885-1900/Balther

​BALTHER (d. 756), saint, presbyter of Lindisfarne, lived as an anchorite, according to Mabillon, at Tyningham, in Scotland, although possibly he may be confounding him with Baldred, who also lived at Tyningham. Balther is celebrated by Alcuin for his sanctity, his power of walking on the sea like St. Peter, and his victory over evil spirits. According to Simeon of Durham he died in 756, and Mabillon states that in the Benedictine calendars his name occurs on 27 Nov. He was buried at Lindisfarne, but in the eleventh century his remains were removed to Durham Cathedral, whence they were stolen, along with those of the venerable Bede and others.
[Alcuin's Carmina de Pontif. et SS. Eccl. Eborac. vv. 1318-86; Simeon of Durham's Chron. A.D. 756, Hist. Dun. ii. 2; Mabillon's Acta Sanct. Ord. Ben. pars 2nda, p. 505; Roger of Hoveden's Annals.]
T. F. H.
# Dictionary of National Biography, 1885-1900/Baltimore, Earls of

​BALTIMORE, Earls of. [See Calvert.]
# Dictionary of National Biography, 1885-1900/Baltzar, Thomas

​BALTZAR, THOMAS (1630?–1663), violinist, was born at Lübeck and settled in England in 1656. We do not hear that he had acquired much fame in Germany, but he was the first great violinist that had been heard in England at the time. On his arrival in England he stayed with Sir Anthony Cope of Hanwell. He was not long in making his reputation in England, for we find his playing much praised in Evelyn's 'Diary,' under date 4 March 1656-7, where he is called 'the incomparable Lubicer’ Evelyn heard him at the house of Roger L'Estrange, and he says: 'Tho' a young man, yet so perfect and skillfull, that there was nothing, however cross and perplext … which he did not play off at sight with ravishing sweetnesse and improvements, to the astonishment of our best masters.' Anthony à Wood heard him play on 24 July 1658, and he says (life of himself), speaking of his alacrity of execution, that 'neither he nor any in England saw the like before. … Wilson thereupon, the greatest judge of music that ever was, did … stoop downe to Baltzar's feet to see whether he had a huff on; that is to say, to see whether he was a devill or not, because he acted beyond the parts of man.' The same author states that Baltzar formed habits of intemperance, which ultimately brought him to the grave. In one of the manuscript suites for strings, several of which are preserved in the library of the Music School, Oxford, the author's name is given as 'Mr. Baltzar, commonly called y$^e$ Swede, 25 Feb. 1659.' At the Restoration he was placed at the head of Charles II's new band of (twenty-four) violins. He died in 1663 and was buried in the cloisters of Westminster Abbey on 27 July in that year. His name appears there as 'Mr. Thomas Balsart, one of the violins in the king's service.'
From Wood's statement 'that he saw him run up his fingers to the end of the finger-board of the violin,' it has been inferred that the introduction of the 'shift' was due to him, but it is probable that the practice is ​of considerably earlier origin. Baltzar's works consist almost entirely, so far as is known, of suites for strings; four of these are in the Music School Library, Oxford. Playford's 'Division Violin' is said to contain all that was printed of his composition. Burney refers (article in Ree's Encyclopædia) to a manuscript collection of solos in his possession.
[Grove's Dictionary of Music and Musicians; Burney's History of Music, and art. in Rees's Encyclopædia; MS. in Music School, Oxford; Chester's Registers of Westminster Abbey.]
J. A. F. M.
# Charter of Virginia

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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Charter of Virginia, 1606
* Charter of Virginia, 1609
* Charter of Virginia, 1611
# Complete Encyclopaedia of Music/B/Bachmann, Pater Sixt

Bachmann, Pater Sixt, an excellent contrapuntist and organist in Suabia, was born in 1754. He published much music for the organ, &c.
BACHOFEN, a composer, lived at Zuricn, in Switzerland, in the year 1745, and published some vocal works.
# Complete Encyclopaedia of Music/B/Bacilly, B

Bacilly, B. DE. Author of a work on singing, Paris, 1668.
# Complete Encyclopaedia of Music/B/Backofen, Gottfried

Backofen, Gottfried, youngest brother of the two preceding, was first clarinet player at Nuremburg in 1803, and a resident in that town.
BADER. Born 1794, a principal tenor singer at the German Theatre in Berlin. His power, firmness, and tone, together with his delightful performance, gained him much approbation.
# Complete Encyclopaedia of Music/B/Badia, Carlo Agostino

Badia, Carlo Agostino, court musician and composer at Vienna at the beginning of the eighteenth century. Composed several operas and oratorios.
# Complete Encyclopaedia of Music/B/Baehr, Joseph

Baehr, Joseph. See BEER. BAER, FERDINAND. See PAER.
# Complete Encyclopaedia of Music/B/Bachschmidt

Bachschmidt. Chapel-master at Eichstadt, about the year 1783. He composed smut quartets, &c.
# Complete Encyclopaedia of Music/B/Backofen, J. G. H

Backofen, J. G. H., a composer and excellent performer on various instruments, was chamber musician at Gotha. He has composed much instrumental music ; the last which we have seen is dated 1803.
# Complete Encyclopaedia of Music/B/Badinage

Badinage. (F.) Playfulness.
# Complete Encyclopaedia of Music/B/Backofen, Ernst

Backofen, Ernst. Younger brother of the preceding, a celebrated bassoon player at Nuremburg in 1803. He was a pupil of Schwarz,
# Complete Encyclopaedia of Music/B/Badonini

Badonini. A celebrated Italian singer about the year 1776.
# Dictionary of Greek and Roman Biography and Mythology/Chelidon

CHE'LIDON, the mistress of C. Verres, who is said by Cicero to have given all his decisions during his city praetorship (B. C. 74) in accordance with her wishes. She died two years afterwards, when Verres was propraetor in Sicily, leaving him her heir. She is called by the Pseudo-Asconius a plebeian female client of Verres. (Cic. Ver. i. 40, 52, v. 13, 15, ii. 47, iv. 32; Pseudo-Ascon. p. 193; Schol. Vatic. p. 376, ed. Orelli.)
# Dictionary of Greek and Roman Biography and Mythology/Chryses (biography)

p. 700
Chryses (Χρύσης), of Alexandria, a skilful mechanician, flourished about the middle of the sixth century after Christ. (Procop. de Aedif. Justin. iii. 3.) [P. S.]
# Dictionary of Greek and Roman Biography and Mythology/Cicero (Claudii)

​Ci´cero, the name of a family, little distinguished in history, belonging to the plebeian Claudia gens, the only member of which mentioned is C. Claudius Cicero, tribune of the plebs in b. c. 454. (Liv. iii. 31.) The word seems to be connected with deer, and may have been originally applied by way of distinction to some individual celebrated for his skill in raising that kind of pulse, by whom the epithet would be transmitted to his descendants. Thus the designation will be precisely analogous to Bulbus, Fabius, Lentulus, Piso, Tubero, and the like. [ W. R. ]
# Dictionary of Greek and Roman Biography and Mythology/Chryses (mythology) 1.

p. 699
Chryses (Χρύσης). 1. A son of Ardys and a priest of Apollo at Chryse. He was the father of Astynome (Chryseïs), and when he came to the camp of the Greeks, offering a rich ransom for the liberation of his daughter, he was treated by Agamemnon with harsh words. Chryses then prayed to Apollo for vengeance, and the god sent a plague into the camp of the Greeks, which did not cease raging until Calchas explained the cause of it, and Odysseus took Chryseïs back to her father. (Hom. Il. i. 10, &c.)
# Dictionary of Greek and Roman Biography and Mythology/Chryses (mythology) 2.

p. 699
Chryses (Χρύσης). 2. A son of Agamemnon or Apollo by Astynome. When Agamemnon restored Astynome to her father, she was with child, and, on giving birth to a boy, she declared him to be a son of Apollo, and called him Chryses. Subsequently, when Orestes and Iphigeneia fled to Chryses on their escape from Tauris, and the latter recognized in the fugitives his brother and sister, he assisted them in killing king Thoas. (Hygin. Fab. 120, &c.)
# Dictionary of Greek and Roman Biography and Mythology/Chryseïs

p. 699
Chryse'ïs (Χρυσηΐς). [Astynome.] Another mythical personage of this name occurs in Apollodorus (ii. 7. § 8.). [L. S.]