The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-03

Court reverses the Judgment holding that the act
imposing taxes on debts by tne state is nnconsli-
Mr.. Justice Swayne delivered the opinion.
No. l31. Putnam ct al. w. New Albany and San
dusky Railroad Company ct al.-This was an action
to collect balance due on certain original bonds
OF the company, and the defence was that in pnr-
originally subscribed and for which the bonds were
issued were transferred TO the city OF New Albany,
and the original subscribers to the stock, whom
1t was sought to hold responsible for the debts OF
the corporation, were thereupon released from
liability. The Court. SO found and held that the
plaintiffs were too late and could not maintain
their action, and thar Judgment ID here affirmed.
No. H. Hanrick, Administrator, We. Barton ct
al.-Error to the Circuit Court for the Western Dis
trict OF Texas.-Ths was the reversal Of Judgment
in an action Of trespass, the Court holding that
deed perfect in form should not have been excluded
filed before notice Of trial, and for other errors in
In the admission and rejection OF documentary evil
dence. Mr.. Justice Bradley delivered the opinion.
No. 1872 City OF Richmond vs. Smith-ErrOr to
the Circuit Court for the Eastern District Of vir
ginia.-In this case the Court aflrms judgment
Zens under direction OF the Common Council, to
avoid the effects OF drunkenness upon the antlci-
defence was that the liquors were in the neighbor
hood OF warehouse which the Confederate gov
nnnrs om,d have heen DESTROYED anv wav If thew
had not been destroyed by the order Of the Common
Council. Mr. Justice Clifford delivered the opinion.
No. 14l. Slowson, Jr., VS.. United States.-Appeal
from the Court of Claims.-This was claim for
the proceeds of the ship De Kab, seized by the
quently sold for the use OF the Treasury. Slowson
claimed to be the owner by virtue OF an admins
trator's sale, at which he was purchaser made in
1865 at Charleston and that the vessel was pressed
into the rebel service. The Court OF Claims did
not sustain the theory OF c0mpulsi0n and the
judgment was for the government, and this Court
afrm
the opinion.
No. 142. De Cordova, assignee, vs. Wood ct. al
Appeal from the Circuit Court for the Western Dis
trict Of TexasThe decision In this case is substan
TALLY that purchaser with notice, either actual
constructive, that the purchase money under prior
deed, which Is link in his chain 0 title, has not
been paid takes the property, subject to the ven
upon this ruling the decree Tor the appeees is re-
versed, with directions to enter Judgment for the
assignee against the appellees. Mr.. Justice Strong
delivered the opinion.
No. 1856. Gum vs.. Barry.-Error to the Supreme
Court of Georgia.-In this the Court hold that
act Of the Legislature Of Georgia OF $685. ncreas
ing the amount of homestead exemption was not
applicable TO pre-existing debts and Judgments
and reverse Judgment below refusing the writ OF
mandamus to compel the Sheriff to levy certain
property OF Barry. that officer having declined to
make the levy on the ground that the property was
exempt under the act cited. Mr. Justice Swayne
delivered the opinion.
No. 133. Stockdale. collector, vs. Boswell, ct al.
and one other case-Error to the Circuit Court for
LoUisiana.-In this case the Court hold that where
brokers, on the application OF purchasers, buy
cotton from factors, and, upon the completion OF
the sale, both parties pay them percentage 1.-THE
factors paying One-half as much as the purchasers
by local custom), this fact does not make the
transaction sale by the brokers, and thereby en-
titled the government to exact a tax OF them
agents OF both the buyer and the seller and
on the transaction for the factors is sustained and
affirmed. MIR. Justice Miller delivered the opinion.
No. 12l. Steamer Cayuga vs.. Wilson ct a.-Ap-
peal from the Circuit Court for the Southern dis.
trict of New York.-Ths was the afirmance Of
decree OF the Circuit Court in favor OF the appel
lees for the loss OF the canal boat. the Floating
Battery, sunk while in tow Of the Cayuga, the
Court finding that the steamer was In fault. Mr..
Justice Clifford delivered the opinion.
No. 1876. Flanders vs.. Tweed-Error to the CIR.
cult Court OF Louisiana-In this case Tweed re-
covered a Judgment for $15,2sO against Flanders,
Treasury Agent, for cotton seized and detained.
the cotton having been previously recovered by
Tweed by writs Of sequestration. The Judgment
demonstration proceedings. The Court reversed the
judgment as to this item, and direct that Judgment
be entered for the residue OF the verdict. Mr.. JUS
tice Clifford delivered the opinion.
No. $50. Chicago and Quincy Railroad Company
VS.. County of otoe-Certhcate OF division from the
Circuit Court OF Nebraska.-This was an action
upon interest coupons detached from bonds issued
by the county, under an act OF the Legislature, to
the Burlington and Missouri River Railroad Com
pany. The questions were whether the act OF the
Legislature authorizing such aid TO railroads Is In
conflict with the state constitution, and, II not,
whether the county officers were authorized by IL
to issue the bOnus without q submission Of the
question to vote Of the people. The Court d.
vided in opinion on these ques TONS and they were
teat the act uy i not in const w me
OF the State, and that the issue OF the bonds was
authorized without submission 10 a vote Of the
people. Mr.. Justice strong delivered the opinion.
Dissenting, the CHIEF Justice and Justices Miller
and DAVIS
No. 100. American Steamboat Company We.
Chase-Error to the Supreme Court OF Rhode
Island.-In this case it is held that death resulting
from collision on Narragansett Bay was not the
result OF such maritime tort as lies within the
exclusive jurisdiction Of the District Courts OF the
United STATES and affirmed the Judgment OF the
Court below denying motion to dismiss the action
by the administrator to recover damages for the
death, on the ground that the Court WAS without
jurisdiction. Mr.. Justice Clifford delivered the
opinion.
No. 1888. Kansas Pacific Railway Company VS..
Prescott-Error to the Supreme Court OF Kansas
land one other case heard with it.)-This was an
action brought by the company to quiet the title to
certain Of its lands in Kansas, claimed by Prescott
under tax title. The State Court held that the
c con right 70 patent by compliance with
road by the government, subjected the land to
taxation, and Prescotts title was sustained. This
Court hold that these acts and conditions did not
subject the lands to taxation before they were
selected and the railroad company had paid the
costs OF surveying, selecting and conveying, as re-
CURED by the acts making the grants, and reverse
the Judgment. Mr.. Justice Miller delivered the
opinion.
No. 125. Tomlinson ct al. vs. Jessup-Appeal
from the Circuit Court for South Caroina.-In this
case the Court below held that the amended char
ter OF the Northeastern Railroad Company constitu-
ted contract OF exemption from taxation between
the State and the corporation. but the Judgment is
here reversed the Court holding that prior stat
ute was in force at the time Of the act amending
the charter, and did, as matter OF law, enter into
and become part OF the charter OF the company;
and as by the former act the charter was subject
TO repeal II has been at all times competent for
Legislature 10 alter or amend It, Mr.. Justice
Field delivered the opinion.
No. lsl. Goddard VS.. Foster-Error to the Cir
cult Court for the Southern District Of New York.
This was the affirmance Of judgment in favor OF
Foster the agent ut Valparaiso OF the plaintiffs
line Of steamers from Boston to that place, for q
balance due him for services on contract between
he aa IN his ruht 10 nnou.