The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-02-16

SUPREME COURT THE UNITED SrATKs-TyKs-
DAY, Feb. ii, l645.-No. 80. Robert White Va.
VIM Nichols ct AL in to the Circuit Court Of
the United States for the District of Columbia Mr.
Daniel delivered the opinion OF this Court reversing
the Judgment OF the said Circuit Court in this and
remandiug the same with directions award q venire
facias de novo No. 81. Daniel w. Gantley ct al.
sn VIM Ewing ct az M on dw ssrcs ate Of d owl
Court of the United States for Indiana Mr. Justice
Catron delivered the opinion of this Court that the
sheriff g deed offered IN evidence by the defendants
was not imperative and void because valuation
OF the property was made before the sale, but that
the said DEED is void because the rents and profits had
not been offered for sale before the fee simple sold
No. 40-The United States VIM Fl. freeman;
certificate of division in opinion between the judges Of the
Circuit Court OF the United States for chussetts-
Mr. Justice Wayne delivered the opinion of this Court
is that the marine corps and the officers of
the army have always been by law the foot
ing in respect to the circumstances which enttle them
to brevet pay and emoumens and therefore brevet Of
hcer OF the marine corps commanding separate post
station is not entitled to breve pay and smoluments if
the force under his command would not entle officer
mens 3D. that the act q 1854 CHI sa eoss mot repeal
the rst section Of the act 1915 regulating the and
emouments Of brevet ofcrs Sd that the fifth section Of
the act Of 30h June 1884 is repeal of the joint resolu
tion OF the two Houses Congress of 25h May 1882
h that upon the agreed state Of the facts in this case
the defendant not entitled to double rstons by force
of the army regulation No 1896 5h that the fact OF ap
preparations having been made by Congress for double
raons does not determine what officers in command
entitled to them; 9Th, that brevet field officer Of the
command equal to his 6revet rank, IS not entitled
to brevet pay and emoluments; but if such brevet
officer is captain in the line of his corps and in
the actual command of con pany. whether he is in
command Of post not he is entitled to the compen-
saton given by the I'd section ofhe of I'd March, 1897
No. al. Bonafe Co. vs.. +. Williams ct OIL, in
to the Circuit Court of the United States for Mississippi
Mr. Justice Nc Lean delivered The opinion Of this court
reversing the judgment Of said Circuit Court with costs,
and reminding this case to said court for further proceed
ings. No. AZ. Samuel Thurlow VS. the Commonwealth
OF Massachusetts This ordered to be contin
ned and re-argued at the next term No. 81. Malinda
Fox vs. the State Of Ohio Ordered De continued and
reargued at the next term No So The State of Mary
and for the of Washington county plaintiff in
the Baltimore and Ohio Railroad Company. The
gument in this concluded by Mr. Sergeant for
the plaintiff in error
WEDrEsDAy Feb H. ls45. John L. Curtenius, Esq, of
Nav York. admitted attorney and counsellor Of
this court No So w Davies ct al, plaintiffs in error,
John H. Farbairn ct al The nIgums mt Of this
commenced by Mr.. Cruenden for the plaintins in
and continued by Mr. Loughborough for the deen.
dants in error.
THURSDAY, Feb. Is, le45-No So. w. Daviess ct al,
plaintiffs in errer, John H. Fairbarn eft al The
gument in this continued by Mr. Loughborough
for the defendants in and concluded by Mr. Cren
den for the plaintiffs in No. So C. schol6eld ap-
reant, VS.. G orge Scott executor, &c The argument
of this commenced by Mr.. Davis for the ap
pslant.