The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-09
UNITED STATES SUPREME COURT.

Important Decisions-The Case NJ p.,~.,s
Right In the Chancery Reports Disposed
OF I'm Favor OF the PubIishers-The Tn.
crease OF Twenty Per Cent Added to tho
Salaries or the Subordinate Government
Omcials In Washington.
WASHINGTON, d. c. May s, 1872
The following decisions were given in the United
States Supreme Court on Monday, the 9Th inst. -
No so. French vs. Edwards ct al-Error Co the
circuit Court Tor Cal1fOrnia.-Ths was an action OF
ejectment brought by the plaintiff In error to re-
county, being part OF what is known as the Suffer
grant. The defendants held under sherirs deed in
unpaid taxes. The Court sustained the deed and
directed Judgment for the defendants. This
Court reverses the Judgment, holding that as the
have satisfied the demand for delinquent taxes,
the statute was violated and the rights of the
delivered the opinion; Mr.. Justice Miller dissented.
NO. 165.-CarRenter vs. Boyer-ErrOr to the Cir
cult Court OF Appeals OF West virginia.-Dsmissed
No 57l-Cockroit ct al'vs. yose ct al.-Error to
the Supreme Court Of the State of New ork-Dis-
missed for want OF jurisdiction.
No. l66.-Coperton VS.. Baldwin-Error to the Su-
preme Court OF Appeals of WestVirgna.- Dismissed
No. I4e-Pugh VS.. United states-Appeai from
the Court OF Claims.-Decree dismissing alton
affirmed.
al-Appeal from the Circuit Court for the Southern
district OF New YOrk-This was bill in equity TO
ODIaln an lnJunCtlQn ana TO compel the frm or
Banks Brothers, law booksellers in New York, to
make an accounting for printing selling the first
volume OF "Paige's Chancery Reports" after Janu-
airy, 1885, thereby infringing, as claimed copyright
OF paintrs. The question was whether by an agree
ment between the teSatOr and the publishers, made
in 1928, the entire property in the was trans
ferred to the latter, so as to preclude subsequent
copyright by the former. The Court below held
that there was at least perpetual license to print
given to the publishers by the contract and the de-
cree was for them. This Court allrms that Decree
holding that fair and just Interpretation of the
terms or the agreement indicates Enthusiastically that
the author of the manuscript in agreeing to deliver
1t for publication at stipulated compensation, in
tended to vest in the publishers full right of prop
erty thereto. MI. Justice Davis delivered the
opinion.
No. 1853. Hook ct al. vs.. Payne ct al.-Appeal
from the Circuit Court for Missouri.-This was
proceeding by the heirs OF Curtis resident Of
Missouri, the heirs being residents of Virginia. to
make Hook as Public Administrator Of the county
IN which Curtis died. and his suretes responsible
for interest on moneys and mortgages of the estate
which remained in his hands. The decree was for
the heirs, and 1t Is here affirmed to certain Of
the parties, but reversed as to others not neces-
sarily Joined without costs. Mr.. Justice Miller de-
nvereu the opinion.
Nos 1859 to 172. Republic Fire Insurance Company
OF New York VS.. Wilde, and three other insurance
companies VS.: same-Error to the Circuit Court for
Minnesota.-These were actions by Wilde on poll
cies OF insurance issued by the several companies
on his stock OF goods The defence was that
tine assured ssea &c to flu furnish the companies
the goods destroyed, and particularly that he neg
lected to produce certified copies OF invoices, as
stroyed by the fire. The error assigned is that the
Court rejected evidence tending to show that de-
fused This Court sustain the ruling of the Court
below, finding that the evidence offered did not
tend to show when the demand was made-whether
before or after the suit was commenced, whether
IT was refused by the assured, and besides, the
Court say the bin alleges that duplicates and not
Strong delivered the opinion.
No. l4o.-steamer Patapsco VS.. Boyce---Appeal
from the circuit Court for the Second Circuit.This
was proceeding to recover for coal furnished the
steamer by the appellee, coal dealer in Baltimore
count the coal was furnished The Court find from
the evidence that the credit of the company owning
the steamer was not relied on by the dealer in
parting With his COAL ana 1t Is said that the
pany was a distant corporation of established
NAME and without personal liability in case of a
failure of the enterprise in which it was engaged
it would be hard to believe that the merchant in
tended to renOunce his claim against the steamer
The decree below sustaining the lien against the
steamer Is therefore affirmed. Mr.. Justice Davis
delivered the opinion.
No. 15e. Carpenter vs.. Montgomery ct al
Error to the Circuit Court for Caiorna.-This was
an action OF ejectment, brought by the plaintiff in
error, to assert title deragned from Maria Ivdora
Pcrolta against the defendants, who claim under
her brothers an undivided interest in the Rancho
San Antonio, which her father seized and had OBJ
tanned by grant from the Spanish government.
The Court hold that as the sons had procured the
confirmation of the fathers title, and had legally
obtained possession of the land their tle the IT,
tie OF those taken from them, could not be questioned
IN an action OF ejectment. The judgment below,
that ejectment was not maintainabe, is affirmed.
Mr.. Justice Bradley delivered the opinion.
No. 49, Easley vs.. Kellam.-Appeal from the
Circuit Court for the District of Iowa.-This
proceeding to foreclose mortgage given by one
Johnson, TO the appellant prc-empted lands
before the issue of patents therefor The Court held
that under the twelfth section OF the act Of 1871 all
transfers and assignments OF the rights secured by
presumption prior to the issuing of the patent
null and void, and consequently, that the mort
gage in this case was of no effect. The decree below
for the appellee is affirmed, Mr.. Justice Bradley de-
livered the opinion.
No 151. Bigcr VS.. woller. Administrator, &c
Appeal from the Circuit Court for the District of
Virginia.-Ths was suit brought by Biger to have
a certain bond and trust deed in the nature of a
mortgage ON property in Virginia, decreed to have
been paid. THE decree below was for the appellee
and the Court finds the decision correct as to the
merits of the issue between the parties but
the decree because 1t directed certain payments to
be made by Biger to the administrator tappellec)
in coin. The decision OF the Court in Knox vs.. Lee
and Parker vs.. Davis az WALL 457) is made the rnle
by which the Court below is to amend the decree
entered. Mr.. Justice Strong delivered the opinion.
No. 2o4. United States vs.. Miller and nine other
cases.-Appeals from the Court of Cla ims-These
were actions brought to recover twenty per cent
additional to the salaries of the petitioners under
the act OF 1868 making such allowance to persons
employed III the civil service including persons in
the Office OF the Superintendent OF Pubic Build
ings, &C., at Washington. The petitioners heM
various stations under the superintendent OF Pub
lie Buildings, such as Capitol police, prison watch
men, &C. but the allowance to them refused
on the ground that they not persons in the
office of the superintendent in contemplation
OF the act the government taking the view
that only clerks ana the higher officials
sustained the claims Of the petitioners, holding
that they were persons In the employ OF the
officer named, and consequently were within the
act. This Court affirm that decision, and the result
Is that the twenty per cent must he allowed TO
about fifteen hundred government employees of the
lower grades, to whom it had been refused. Mr..
Justice Clifford delivered the opinion.
NO. ls2 Home Insurance Company of New York,
vs. Barton-Error to the Circuit Court for Missouri.
In this case 1t is held that the granting over
ruling Of q motion for new trial in the Courts OF
the United States rests wholly in the discretion of
the Court to which the motion is addressed, and
the judgment of the Court in this case, denying
such q motion, Is affirmed. Mr.. Justice Swayne
delivered the opinion.
No. 81. Holmes and wife versus LEVER ct al
Appeal from the Circuit Court for the Eastern dis
trict OF Arkansas.-The bill In this was to
force the payment OF a balance due on promissory
note given for the price of slave property. The
Court below dismissed the bi holding the contract
TO be void for want of consideration. This Court
reverse the decree and remand the case, with di-
rections to proceed in accordance with the opinion
OF the Court in the slave property cases recently
decided in which such contracts, where legal when
made, We're held to be valid. Mr.. Justice Swayne