The New York herald., 1870-04-27
THE COURTS.
UNITED STATES SUPREME couar.
Decisions.

WASHINGTON. April 20, 1870.
Aahonv Us. The United States--Appeat rom the
court or CtdtDls-The claimant was a Consul OF the
United States az Algers fro 1854 TO 1850 and re-
iurng to the United States In 1865 he brought this
suit to recover his salary, which the State Depart
ment had refused pay, claiming that since Agiers
Inc xed salary TO consus there did not apply The
Court or Claims found for the government holding
that the changed condition OF Agiers rendered the
act o. Congress fixing the salary imperative for
want of q proper subject The same question was
presented TO tie court and the Judgment Of the Court
or Claims was affirmed. Mr.. Justice Field delivered
the opinion.
Wise, m, us. AUfs-Certtfcate OF Diutston rom
the CtrcuN court rOr the District OF Wiscons,n.-In
this case the Cour he'd that notice to the plaintiff
in patent case that the defendant would prove
prior invention and use Of the improvement in df
ferent cities was sufflciently specific and definite
without examining the. different mills or manuiac
had been used, aud that under such notice the de-
iendant was entitled TO give evidence of the myen-
ton by Others prior to the date OF the patent In suit
Mr.. Justice Miller delivered the opinion.
Hancor Us. Steamer 5vracuse-Appedl rom the
Circuit Court for the Southern District Of Neto
YorE.-This was case Of collision on the Hudson
river, near Percy's beach, between tow OF the
Syracuse and the steamboat Rip Van Wrinkle, owned
by the appellant. The questions were OF fact, the
case turning on the position and manDuvres OF the
boats as proven. The decision OF the District Court
was in favor OF the Rip Van Wrinkle, which was re-
versed Sy tns Srd sa ne U1 's
the opinion.
the ship Maggie Hammond us. Moreldnd et al
Appeal rom the Circuit Court Jor the District OF
Maryiand.-ln August, 1885,. the Hammond took on
board cargo Of iron to be transported from An
drossan. Scotland, to Montreal, Canada, and sailed;
but subsequently,, in consequence OF stress of wea-
ther returned TO England and discharged cargo for
repairs at Cardln, the captain protesting that the
repairs could not be made In time to complete the
voyage. The decision Is that the Hammond should
either have releasc the iron in November after re-
pairs OF proceeded on ner voyage, with the chance
o completing It before the close hf navigation In the
ST. Lawrence river, II, when IT became necessary
TO unoad 1t was apparent the repairs could not be
made IN time TO justify her procee ling on her
voyage, the CARO- should have been transferred to
some other vessel Tor transportation. MIR. Justice
clifford delivered the opinion.
Simpson Us. WoOdnan-Error to the Circuit
Court for the District OF Massachusetts-T was
an action to recover Tor the infringement to Wood
man for an improvement in the means of ornament.
ing leather. The question here was whether the
court should have submitted certain matters of evi-
dence to the jury for their determination, whether
they were properly decided by the court The court
hold that there should have been submission of the
iacts to the jury, and reverse the judgment below
remandng the case to be tried accordingly. Mr..
Justice Nelson delivered the opinion of the court.
Mr. Justice Clifford dissented
United States er rel. Bourn U.s. Goodyear Executor.
Appeal rom the CIRCUIT Court for the southern Dis
ttct or NeD YorG.-This suit was commenced in the
name OF the United States for the purpose of setting
ASIDE the Goodyear patent on the ground of fraud
the procurement OF is extension, and the question
was, whether the alleged fraud on the government OF
le extension can be investigated IN the of the
United States. on the relation OF private parry TIE
decision Is that 1t cannot The Chief Justice delivere
the opinions.
the Propeller Aueghenv u.s. Wolperton ct dl-Ap.
peal rom ne Circuit Court for the District or Wis
co,sssn-This was case Of collision between the
schooner IL. 9. Wlnslow and the propeller at
Schn
was bound out in tow OF tug and the propeller was
bound in under high rate OF speed. Both the Dis
trct and the Circuit Courts below held that the pro-
peler was at fault and the DEGREES were for the
owner OF the WiIsow Those DEGREES are affirmed
by this court Mr.. Justice Strong delivered the
OPP Mon.
fsefce Us. Dor, TuStee-Ap Appeal rom the Supreme
court fOr the District or COi4f1bid-Ths appeal was
DISMISSED as the amount involved does not br NJ
the cae with the jurisdiction Of this court. Dec
sion announced Dy the Chief Justice.
The Hartford FIRE Insurance Company Us. Van
Duz1-EfTOr to the Supreme court or Illinois,
Writ ef error dis ssel with costs. Decision an
nounCe1 by the Chef Justice.