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# Winchester Trustee v. Heiskell/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
119 U.S. 450
Winchester Trustee v. Heiskell
One of the questions presented by the bill was as to the binding effect of the decree in the original case upon the complainants in this suit. Objection was not made in the pleadings to the jurisdiction of the court over the subject-matter of the action on account of the exclusive jurisdiction of the courts of the United States, under section 711 of the Revised Statutes, 'of all matters and proceedings in bankruptcy,' but it clearly was at the trial before the referees, and it was directly presented to and decided by the supreme court. An immunity was claimed by the appellants under this statute from the operation of the decree of the state court on their rights, because that statute made the jurisdiction of the courts of the United States exclusive in such cases. We thus have jurisdiction, but, as the decision of the state court upon this question was clearly right, we do not care to hear further argument. The assignee in bankruptcy appeared in the state court, and litigated his rights there. This he had authority to do, and the judgment in such an action is binding on him. This we have many times decided. Mays v. Fritton, 20 Wall. 414; Doe v. Childress, 21 Wall. 642, 647; Scott v. Kelly, 22 Wall. 57; Eyster v. Gaff, 91 U.S. 521; Burbank v. Bigelow, 92 U.S. 182; Jerome v. McCarter, 94 U.S. 737; McHenry v. La Societe Fra caise, 95 U.S. 58; Davis v. Friedlander, 104 U.S. 570. The question here is not whether that decree thus rendered binds these appellants, but whether the state court had jurisdiction so as to bind those who were parties to the suit, and those whom the parties in law represented.
The motion to dismiss is denied, and that to affirm granted.

## 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).
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# Winchester v. Heiskell/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
120 U.S. 273
Winchester v. Heiskell
This petition is denied; but inasmuch as the petitioners think that the points on which they relied for a reversal of the judgment were not clearly understood, we will restate what was decided.
1. We held that, as the suit of Townsend v. Jones was pending when Townsend filed his petition in bankruptcy, and when he made his assignment to Winchester, the assignee, Winchester, as such assignee, had the right to appear in that suit and have the amount due Heiskell, Scott, and Heiskell determined. It may be that, according to the practice in Tennessee, if he had not appeared, Heiskell, Scott, and Heiskell would have been compelled to bring a new suit to have the amount of their lien ascertained; but as he did appear, and did ask to have the matter adjudicated in that suit, he was bound by what was done. As the court had declared the lien, it was within its jurisdiction to ascertain, with the consent of all the parties, the amount that was due under the lien, and make the necessary order for its enforcement as against those who were parties to that suit. About this we have no doubt.
2. We said: 'The question here is, not whether that decree thus rendered binds these appellants, (plaintiffs in error,) but whether the state court had u risdiction so as to bind those who were parties to the suit, and those whom the parties in law represented.' The assignee having voluntarily made himself a party to the suit, and the court having at his request settled the amount of the lien, he was bound by what was done, and so were all whom he in law represented in the litigation. That certainly includes the general creditors of the bankrupt, but whether it does those claiming under the trust deed from Townsend, before his bankruptcy, to George W. Winchester, trustee, we did not then, and do not now, decide.

## 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
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Chapter 51

Chap. LI.—An Act further to amend the act incorporating the Chesapeake and Ohio Canal Company.
Act of May 23, 1828, ch. 85. Act of General Assembly of Va., passed 27th Feb., 1829, assented to.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the General Assembly of Virginia, entitled “An act further to amend the act incorporating the Chesapeake and Ohio Canal Company,” passed the twenty-seventh day of February, eighteen hundred and twenty-nine, be, and the same is hereby assented to and approved.
Persons within the D. C., wickedly, &c., injuring the Chesapeake and Ohio canal, its embankments, &c., liable to fine, &c.Sec. 2. And be it further enacted, That if any person or persons shall, within the District of Columbia, wickedly, or maliciously, do injury to the Chesapeake and Ohio canal, its embankments, walls, moles, tow-paths, bridges, culverts, drains, or to any part necessary to the uses and purposes of said canal, he, she, or they, shall be liable to a fine of not less than five or more than fifty dollars, to be recovered before any justice of the peace of the District of Columbia; and any such justice may, on his own view, or on application verified by affidavit, to said justice made, issue his warrant, describing the injury committed, and, upon conviction, the said justice shall have authority to commit the offender to close jail, without bail or mainprise, until said fine and costs be paid, or until said defendant be discharge by due course of law: Provided, however,Proviso. That nothing in this act contained shall be so construed as to prevent said canal company from recovering damages from any person or persons who may commit any of the trespasses aforesaid.
Condemnations of land by the marshal of D. C., &c.Sec. 3. And be it further enacted, That all condemnations of land for the use and purposes of said canal company, which have heretofore been made by the marshal of said District, or any lawful deputy marshal, shall be as valid as though the same had been situated in the State of Maryland, and had been condemned in pursuance of the laws of said State, through the action and agency of a sheriff of any of the counties of said State.
Approved, March 3, 1837.
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Chapter 52

Chap. LII.—An Act to authorize the New Orleans and Carrolton Railroad Company to construct a railroad from Carrolton to the town of Bayou Sura, in the State of Louisiana.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Right of way granted through portions of the public lands remaining unsold. Proviso. That there be, and is hereby, granted to the New Orleans and Carrolton Railroad Company, incorporated by the Legislature of Louisiana, the right of way through such portion of the public lands remaining unsold, for the extension of their railroad from Carrolton to the town of Bayou Sara, in the said State: Provided, That the portion of the public lands occupied therefor, shall not exceed eighty feet in breadth; that the route of the said road shall be designated, and marked on the ground by plain landmarks, within the period of eighteen months from the passage of this act, and a copy of the notes of survey and plat thereof, with a description of the said landmarks, be transmitted to the General Land Office, in Washington, within the period aforesaid.
Earth, stone, &c. may be used while said lands remain unsold.Sec. 2. And be it further enacted, That so long as the public lands in the vicinity of the said road shall remain unsold, the said company shall have power to take therefrom such materials of earth, stone, and ​wood, as may be necessary for the construction of the said road: Provided, That the grants herein contained, asProviso. well as the use of the public lands as of the materials for the said road, shall cease and determine, unless the same shall be begun within the period of two years from the date of this act, and completed within a period of six years.
Approved, March 3, 1837.
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Chapter 6

Chap. VI.—An Act to admit the State of Michigan into the Union, upon an equal footing with the original States.
Act of June 15, 1836, ch. 99. Act of June 23, 1836, ch. 121. Post, pp. 288, 414, 648.Whereas, in pursuance of an act of Congress of June the fifteenth, eighteen hundred and thirty-six, entitled “An act to establish the northern boundary of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed,” a convention of delegates, elected by the people of the said State of Michigan, for the sole purpose of giving their assent to the boundaries of the said State of Michigan as described, declared, and established, in and by the said act, did, on the fifteenth of December, eighteen hundred and thirty-six, assent to the provisions of said act, therefore:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Michigan shall be one, and is hereby declared to be one, of the United States of America, and admitted intoAdmitted into the Union. the Union on an equal footing with the original States, in all respects whatever.
Entitled to a deposit of the surplus revenue. Act of June 23, 1836, ch. 115.Sec. 2. And be it further enacted, That the Secretary of the Treasury, in carrying into effect the thirteenth and fourteenth sections of the act of the twenty-third of June, eighteen hundred and thirty-six, entitled “An act to regulate the deposites of the public money,” shall consider the State of Michigan as being one of the United States.
Approved, January 18, 1837.
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Chapter 75

Chap. LXXV.—An Act to give the approval and confirmation of Congress to three several acts of the Legislative Assembly of the Territory of Wisconsin incorporating banks.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Acts confirmed with certain limitations, &c. That the following acts of the Territorial Legislature of the Territory of Wisconsin, viz: an act entitled “An act to incorporate the stockholders of the Bank of Milwaukee,” an act entitled “An act to incorporate the stockholders of the Miners’ Bank of Dubuque,” and an act entitled “An act to incorporate the stockholders of the Bank of Mineral Point,” be, and the same are hereby severally and respectively approved and confirmed by Congress, with the following limitations and conditions, that is to say: that neither of said banks shall issue bills or notes for circulation, until one-half of the amount of their respective capitals shall have been actually paid in; and that, to enable the directors named in the said charters respectively to comply with this limitation and restriction, they shall be authorized to make calls, according to the provisions contained in the said charters, to an amount not exceeding, at any one time, forty per cent. upon the whole stock subscribed by each stockholder, and shall not be restricted to ten per cent. at any one call, as is provided in the said charters; and that neither of said banks shall have authority to enlarge or augment its capital, or to make it larger, at any time, than the sum of two hundred thousand dollars, without the consent and approbation of Congress previously obtained; and that neither of the said banks shall, at any time, owe, either by bond, bill, note, or other contract, over and above tits actual deposites, an amount to exceed twice the amount of its capital stock actually paid in, instead of the limitation in this respect contained in the said charters respectively; and that each of the said banks shall have complied with all the requirements of their respective charters, as altered, modified, and restricted by this act, so as to enable them to commence the business of banking, and shall actually have commenced banking on or before the first day of January next, or their charters, or the charters of such of them as shall have failed to comply with this limitation, shall be void and of no effect; and the acceptance of said acts of incorporation, by the grantees or stockholders respectively, shall be deemed and taken as acceptances, subject to the conditions and limitations herein prescribed; and any infringement upon, or violation of, the provisions and requirements of this act, or of the limitations and restrictions therein contained, on the part of either of the said institutions, shall forfeit its charter, and put an end to its corporate powers and privileges.
Approved, March 3, 1837.
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Resolution 1

No. 1. A Resolution to enable the Postmaster General more readily to change the commencement of the contract year in the Post Office Department.
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General be, and he is hereby, authorizedPostmaster General authorized to make contracts which expire on 31st December, 1837, '8 and '9, and terminate on 30th June, 1842, '3 and '4. and empowered to let the contracts for the transportation of the mails in those sections of the United States ​where they expire on the thirty-first days of December, eighteen hundred and thirty-seven, eighteen hundred and thirty-eight, and eighteen hundred and thirty-nine, respectively, for four years and six months, so as to cause them to terminate on the thirtieth day of June, eighteen hundred and forty-two, eighteen hundred and forty-three, and eighteen hundred and forty-four, to the end that the contract may commence on the first day of July, instead of the first day of January.
Approved, March 2, 1837.
# Who's Who in the Far East/BONAR, Henry Alfred Constant

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​ BONAR, Henry Alfred Constant (KOBE), H.B.M. Consul; b. June, ​1851; 2nd s. of Henry Bonar, of Paris. Educ.: Private tutor. Appointed Student Interpreter in Japan, March 30, 1883; acting Consul at Nagasaki, 1832 and 1883; at Hiogo, 1885; 1st class Assistant, 1885; assistant Japanese Secretary, Tokyo, Sept. 20, 1889; acting Consul at Hakodate, frjm June, 1838, to Sept., 1889; reverted to rank of 1st Assistant, April, 1891; acting Consul at Hioga, 1891 and 1892; called to Bar at Middle Temple, June 6, 1891; acting Registrar to Court for Japan, from Oct., 1895, to M.xrch, 1896; promoted Consul at Hakodate and Niigata, Feb. 4, 1896; transferred to Tainan (Formosa), August 21, 1895; to Tamsui, Dec. 28, 1893; to Yokohama, as Consul for Consular District of Kanagawa and City of Tokyo, and also appointed assistant Judge of H. M. Court for Japan, August 4, 1898; acting Judge, Yokohama, Feb. to May, 1900; employed on special service in connection with preparation of the case and counter case of British, French, and German Governments in Japan Perpetual Leases Arbitration before Hague Tribunal from Oct., 1902, until Jan., 1904; prepared case of the three Foreign Governments at Tokyo, and proceeded to Europe and attended meeting of British, French, and German representatives for revision of case, held in Paris in Aug. and Sept., 1903, being further employed in connection with preparation of the counter case until Jan. 15, 1894; transferred to Kobe, May 21, 1903. Publications: Articles in Asiatic Societies Publications. Club: St. James'. Address: H.B.M. Consulate, Kobe, Japan.
# Who's Who in the Far East/BONDFIELD, Rev. George Henry

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​BONDFIELD, Rev. George Henry (SHANGHAI), Agent British and Foreign Bible Society; b. June 24, 1855; m. Nov. 13, 1885. Educ.: Spring Hill College, Birmingham; Mansfield College, Oxon. Was London Mission Society's Missionary at Amoy, 1883-87; at Hongkong (also pastor of Union Church), 1887-94; appointed agent for China of British and Foreign Bible Society, 1895. Address: British and Foreign Bible Society Offices, Shanghai, China.
# Who's Who in the Far East/BONE, Rev. C.

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​BONE, Rev. C. (HONGKONG), Wesleyan Minister; b. Feb. 1, 1853. After preparation for the Ministry, was sent to China, South, by the Conference in 1880; reached Hongkong, Dec. 14; gave 16 years to Mission work, in the Canton Province mostly in vernacular preaching; spent seven years in Hongkong as Chaplain to Wesleyans in the Army, ad Chaplain to Wesleyans and Presbyterians in the Navy; was responsible for the building and furnishing of the. Sailors and Soldiers' Home at Arsenal Street, opened in Feb., 1901. Publications: Has written a Commentary on Revelations in Chinese in 2 volumes. Address: 2 Morrison Hill, Hongkong.
# Who's Who in the Far East/BOOTH, William Claude

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​ BOOTH, William Claude (CHEFOO), Principal of Temple Hill English School; b. Jan. 4, 1878; in. Nov. 30, 1935. Educ.: Northwestern University, Evanston, Illinois, U.S.A. Address: Chefoo, North China.
# Who's Who in the Far East/BOS, Antoine

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​ BOS, Antoine (CAN-THO), Resident; Administrator, 1st class; &. June 26, 1855. Joined Indo-China Civil Service, Oct. 17, 1883; Administrator, 4th class, Feb. 2, 1889; Administrator, 3rd class, Oct. 8, 1891; Administrator, 2nd class, Sept. 1, 1898; Administrator, 1st class, July 19, 1903. Address: Can-tho, Province of Can-tho, Cochin-China.
# Who's Who in the Far East/BONNAR, John Whyte Cooper

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​BONNAR, John Whyte Cooper (HONGKONG), Merchant; assistant Messrs. Gibb, Livingston and Co.; b. 1871; m. 1905. Club: Hongkong. Address: Hongkong.
# Who's Who in the Far East/BONNETIAN, Emile Louis Victor

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​ BONNETIAN, Emile Louis Victor (SAIGON), Chief of Secretarial Bureau; Resident; Administrator 2nd class; b. May 29, 1860. Joined Indo-China Civil Service, May 21, 1886; Administrator, 4th class, Jan. 1, 1891; Administrator, 3rd class, Jan. 1, 1895; Administrator, 2nd class, Jan. 1, 1904. Address: Saigon, Cochin-China.
# Who's Who in the Far East/BOOTH, Robert Henry-Gore

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​ BOOTH, Robert Henry-Gore (SHANGHAI), Broker; b. Dec. 16, 1838; 2nd heir to Baronetcy, Gore-Booth, Ireland, cr. 1760. Edue.: Private tutor, and at various schools. Saw active service as Cavalry Volunteer during Taiping Rebellion, 1862. Clubs: Shanghai; Race; C ountry. Address: Shanghai Club, Shanghai, China.
# Who's Who in the Far East/BOUGUIE, General Raoul L.

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​ BOUGUIE, General Raoul L. (HANOI), Commandant 1st Division Infanterie. Decoration: Chevalier de la Le'gion d'Honneur. Address: Army Headquarters, Hanoi, Tonkin, Indo-Chiua.
# Who's Who in the Far East/BOUCHE, Frederic

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​ BOUCHE, Frederic (HANOI), Avocat G6nral Administration de la Justice; b. July 24, 1857. Arrived Indo-China, Oct. 17, 1880; Avocat Ge'ne'ral, Juillet 16, 1903. Decoration Officier d'Academie. Address: Hanoi, Tonkin, Indo-China.
# Wordsworth

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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.
* Wordsworth, a poem by John Greenleaf Whittier
* Wordsworth, a biography in the English Men of Letters series, by F. W. H. Myers
For works by William Wordsworth, see Author:William Wordsworth
# Wordsworth (Whittier)

WRITTEN ON A BLANK LEAF OF HIS MEMOIRS.
Dear friends, who read the world aright, And in its common forms discern A beauty and a harmony The many never learn!
Kindred in soul of him who found In simple flower and leaf and stone The impulse of the sweetest lays Our Saxon tongue has known,--
Accept this record of a life As sweet and pure, as calm and good, As a long day of blandest June In green field and in wood.
How welcome to our ears, long pained By strife of sect and party noise, The brook-like murmur of his song Of nature's simple joys!
The violet' by its mossy stone, The primrose by the river's brim, And chance-sown daffodil, have found Immortal life through him.
The sunrise on his breezy lake, The rosy tints his sunset brought, World-seen, are gladdening all the vales And mountain-peaks of thought.
Art builds on sand; the works of pride And human passion change and fall; But that which shares the life of God With Him surviveth all.
# Western Union Telegraph Company v. Brown

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
253 U.S. 101
Western Union Telegraph Company v. Brown
Argued: Jan. 20 and 21, 1920. --- Decided: May 17, 1920
Messrs. Beverly L. Hodghead, of San Francisco, Cal., and Rush Taggart and Francis Raymond Stark, both of New York City, for petitioner.
Mr. Samuel Poorman, Jr., of Los Angeles, Cal., for respondents.
[Argument of Counsel from page 102-103 intentionally omitted]
Mr. Justice DAY 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).
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# Western Union Telegraph Company v. Boegli

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
251 U.S. 315
Western Union Telegraph Company v. Boegli
Argued: Dec. 19, 1919. --- Decided: Jan 12, 1920
Messrs. Rush Taggart and Francis Raymond Stark, both of New York City, Samuel O. Pickens, Charles W. Moores, and Robert Franklin Davidson, all of Indianapolis, Ind., for plaintiff in error.
Mr. Arthur W. Parry, of Ft. Wayne, Ind., for defendant in error.
Mr. Chief Justice WHITE 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