The New York herald., 1873-12-25
Stevens, Of the Filth precinct. Both confessed
their guilt and were held for trial.
UNITED STATES SUPREME COURT.
WASHINGTON, Dec. a. 1879.

NO. Az. huOWieS Nbs HOB1uspVIt 0oShSus NOAu~
pany-Error to the Circuit Court for Minnesota
This is an action by the company to recover on
judgment obtained in Indiana. The defence was
want of jurisdiction OF the person Of Knowles In
the Indiana case, and the return OF the Sherin
certifying service OF summons, but not showing
where it was served, having been admitted as evil
dence OF service against defendants objections,
he brings the ruling mere, and raises the following
received evidence OF jurisdiction, and. II so, can
It be conIradcted on the trial OF the actions me
further question Is raised II service Is made IN an
action for $4,000, does tnat give jurisdiction to
render Judgment for more than that sumi sub
mitted under the twentieth rule. II. X. Blgelow
for plaintiff in error; i. Il. L. Cornell for de-
fendant.
No. 169. Buckley vs.. United States-Appeal from
the Court OF Claims.-Thls is another suit for
damages for an alleged violation OF q contract
made with the government for transportation OF
military stores The Court below found that the
government having simply failed to produce the
amount of stores for transportation which were
contracted for, were not guilty OF violation Of the
entire scope of the contract and therefore refused
the claimant damages for the profits OF the con-
tract lost In consequence OF such failure but
allowed MIN the amount OF the expense ne had
was, however held that he had not sufiicientiy
proven the amount OF such expense, and the bill
was therefore dismissed From this decision the
damages Tor his loss OF profits on the contract.
The government submits that the decision below
O. II. Hill for the government.
No. 542- McCarty vs.. Mann ct al.-Appeal from
the Circuit Court for Minnesota was an ac-
tion to quiet title to certain vacant and unoccupied
lands in ST. Paul, brought by the appellant. The
appelees claim, under a conveyance from the pat
entee, made prior to his patent; and as the appel
liant disputes the validity OF the entry OF the pat
entee, the question arises whether an act or Con-
gress reinstating an entry made by the patentee,
which had been cancelled by the Commissioner OF
the General Land ONCE, SO that the little in said
lands may inure to the benefit OF his grantees, so
far as he may have conveyed the same, is such
recognition and ratification Of the original entry
as will sustain the title of his grantees, made In
pursuance or such entry and which is in the appel
lees. The appellant maintains that the patenree
had no title until after his entry under The special
act, and that II this be SO he (appelant) has the
better title, derived from the grantees, who took
from him Immediately thereafter, and that the act
created a new one Submitted under the twentieth
rule w. p. Ciough for appellant; H. !. Horn for
appellees.
No. 1874. sohn vs.. waterson eJ al.-Error to the
Circuit Court for the District OF Kansas.-This was
an action ON a judgment recovered IN Ohio against
the defendants In 1854. The defence was the stat
ute OF limitations OF the Territory Of Kansas the
defendant Waterson being, when the suit was
brought and the act was passed, resident there)
passed in 1852 providing that all actions founded
on contracts, notes. bonds judgments, &C., upon
which liability accrued beyond the limits OF the
Territory should be commenced within two years
next alter the cause or action accrued. The
plantiff replied that the statute did not apply to
his case because 1t was passed after his cause OF
action accrued. The Court held that as WatersOn
was resident OF Kansas when the Territorial act
from that period and that as the action was not
commenced within two years after, 1t could not
be sustained. This Judgment is sustained here, the
Court holding that the act was prospective In its
operaton, ana anected exstlng causes OF action
Strong delivered the opinion.
No. $40. Sawyer VS.. Hoag--Appeal from the Cir.
cult Court for the Northern District Of Ininois.-In
this case 1t is held that debtor OF an ins0lvent
cannot purchase claims against his creditor having
full knowledge OF the insolvency and have them set
of at their full value against his Indebtedness to
the insolvent, and the decree below enforcing the
same view is affirmed. Sawyer subscribed to the
capital stock Of the Lumberman's Insurance Com
pany upon an understanding that IS per cent
would be loaned back to him upon q secured note
for the amount. The insurance company becoming
insolvent after the great fire in Chicago Sawyer
bought up adjusted claims against the company
and sought TO have them set or against his In
as an ordinary debtor OF the company and holds
that the set OFF cannot be allowed. Mr.. Justice
disposes OF cases $40, Jaegar VS.. voeke, and $780,
Meyer vs.. voeke, and the DEGREES in those cases
are affirmed.
No. 165. Solomons Vs. the United States-Appeal
from the Court OF Claims.-Solomons was under o
contract with the government to furnish q certain
quantity Of corn within q certain time, and de-
livered about three-fourths of 1t within the time
fixed. Subsequently quartermaster agreed to
accept further quantity under the contract " de-
livered within another limited time The amount
was delivered and voucher given. Apart Of It was
department subsequently refused to pay for the
portion not used, on the ground that the contract
had expired an and could not be extended by verbal
and payment rendered and declined. The Court
below sustained the department. and its Judgment
Do hnp0 md M a unit }{-
rectons to enter Judgment for the amount OF the
voucher the Court finding that the time was ex-
tended verbally and that such agreement was
valid Mr.. Justice Miller delivered the opinion.
No. 4So Town OF Ohio vs.. Marcy-Error to Circuit
Court for the Northern district Of nlinois.-This
was an action on municipal bonds issued by the
town, and the defence was that they were not
issued by the road for which the subscription was
made, but to consolidated road subsequently
chartered. The judgment on the facts found was
ior the holder OF the bonds, and the case was
brought here or review; but the Court say that
record. and the Judgment is accordingly affirmed.
Mr.. Justice Miller delivered the opinion.
Mr.. Justice Miller also delivered the opinion in
TTelegraphed Tor publication on Tuesday, the fact
being then inadvertently omitted.l
No. 4ea County Of St. Clair vs. livingstone
Error to Supreme Court OF Illn0S.-DlSmlSseQ fOI
want OF Jurisdiction.
No. $780, Ex parte Robinson-Error to the Circuit
Court for the Eastern district Of Arkansas.-Mot0n
to advance denied.
No. $685. Hodges VS.. vaughan-Error to the Dis
trct Court for the Western district Of Arkansas.-
Motion for certlorari denied.
No. I54 Hall ct al. vs.. Jordon-Error to the Su-
preme Court Of Tennessee.-An1rmed, with 10 per
cent damages.
FIRE COMMISSIONERS.
New Battalion Organized for the Twen-
ty-third and Twcnty-fourth Wards.
The Fire Commissioners met yesterday morning,
Commissioner Perley in the chair. Various COM