The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-18

Error to the Circuit Court for the District or WIS
consin-Thls was an action TO recover back taxes
paid on tumble skens and pipe boxes manufac.
tured by the defendants In error. The Court
charged the jury that by the act OF 1857 these
are exempt from taxation, and that no tax could
De legally laid after the date OF that act. This
Court hold that the charge was correct and affirm
pursuance OF it. The Court also affirm the Judg-
ment Is to Interest, saying that citizen who pays
an iiegh TAX, ana is obliged TO recover IL by suit,
Is entitled TO interest. The Chief Justice delivered
the opinion.
No. rs. Maddox ct al. vs. The United States
Appeal from the Court OF Clams.-rhis action was
brought TO recover $735,0ii as damages for an
alleged breach Of contract by the government for
the purchase or tobacco. The Court OF Claims
found that the claimants were not the owners of
the tobacco when the contract with the Treasury
agent was made, but purchased 1t within the rebel
lines thereafter and that the contract was there
fore void under the regulations OF the Treasury
insurrectionary States.
80, This Court anlrm the Judgment, holding that In
his character as treasury agent the agent con-
cerned had no right to deal with the appellants at
all but II 1T were otherwise the contract which he
did make was unlawful, for the reasons assigned
by the Court OF Claims. Mr. Justice Davis delty.
cred the opinion.
No. O. Bouldin ct al. va. Alexander ct al--Appeal
from the Supreme Court Of the District of Column
bia.-Ths was suit in equity brought by Alex
amer anu 0tnerS against Bouldtn and others, TO
determine the right OF the parties as trustees, to
control the Third Colored church OF Washington,
and also to determine the validity of certain deed
by which BOuldln conveyed the land on which the
church Is situated to Alexander and those assO-
ciated with him. The decision below established
the right OF the defendant here and the Court al
hrmed the decree.
Mr.. Justice Story delivered the opinion.
No. 305. Hall ct al. VS.. Jordan-Error to the SUI
preme Court OF Tennessee to dismiss
denied.
No. 6S. Scott ct al. vs.. Eato ct al-Error to the
supreme Court or Arkansas. Motion W dismiss
denied.
No. 20. Chesapeake and Ohio Canal Company vs..
Hlll-Appeal from the Supreme Court Of the Dis
trlct OF Columbia-This was suit In equity to es-
tablish the right OF Hill under contract with the
canal company to draw water from the canal to run
paper mill. The Court below decided that con-
tract l0r as much water as would run through 9
certain aperture was to be construed In the light
Of all the crcumstances-the depth Of the canal,
the condition Of things at the time the contract
was made, &c.-and he held that circumstances
changing so that this amount OF water was not OBJ
tanned, the contract entitled Hill to such new ar
rangements as would insure it,
This Court say in substance that the grant was
substantially grant for q certain quantity or
by the circumstances under which the water Is to
be drawn and in view OF everything connected
with its use, and hold that the grantee Is entitled
this amount OF water, though it should become
necessary to enlarge the aperture Decree affirmed.
Mr.. Justice Bradley delivered the opinion.
judgment below made new contract between the
parties.
The Chief Justice announced that the Court will
ADJOURN from the Goth inst. to the 9th OF January.