The New York herald., 1873-12-18
UNITED STATES SUPREME COURT.
Decisions.
WASHINGTON. Dec. ~, 1873.

WASHINGTON, Dec. n, 1879
No. 157. Gutman and Stewart VS. United States
Appeal from the Court of Clams.-4This was pro.
~Ceedng to recover OF the government the value Of
SO cattle captured by Indians during the war; while
they were employed by the claimants in transport
ing government supplies, they being contractors
in that service. The claimants placed their claim
upOn, the ground that the oxen, when captured,
were in the military service OF the United States !;
but the Court sustained the Department IN Its con-
Btruction OF the act OF March. 1S49 by which 1t
determined that property employed in this SER
wee was not in the military service OF the United
states This decision is assigned as such, and it
1s mere contended that any property SO engaged is
necessarily in the military SERVICE and 1t is said
that nothing can be more military IN character
Inan contract with Quartermaster or the United
states for the transportation of supplies. DuranJ
Horner for appellants; Assistant Attorney Gen.
eral Hill for United States.
No. 164 Clarke and Clarke VS.. Johnston ana Har-
ris--Appeal from the Circuit Court for the South
ern district OF New York-This bill sought an ac-
counting OF the appeuees, executors of the last
will and testament OF James Boorman, IN respect
OF certain claims under the Will OF James Il. Smith,
great grandfather OF the appellants, OF which Boor
man was last surviving executor, and the prayer
appellants, as egatees under the will OF Smith, u
certain legacy alleged to have accrued to them, or
II that be impossible, to pay 20 them the just and
presentivaue OF the real estate claimed to have
accrued to them under such legacy. The question
decided and from which the appeal is taken is
this A codicil to the will of Smith, the great
grandfather OF the claimants, c contaned the follow
ing provision The remaining two-thirds OF the
portions or shares OF my daughters shall be held
separate and distinct. and not liable to the con-
trol debts or engagements OF either OF their hus
band whom they now have or may hereafter
nave. as well these VINO are married as she who
may hereafter marry, giving, however, to the hus-
bands or either or all OF them, in case the wife
tncome or said reserved part of my estate,
as long as he shall live, arising rom his
WHe's portion, and after his death, then
70 the cmid or Children OF my said daughter so
uyInf. Heiu that there was In such provision no
expression or indication OF any intention on the
part ol the testator that there should be imita-
COn over ia lavor ,of the children OF n daughter
who shouio survive her husband (the case Of the
nppeilantsl; and that where the husband OF such
daughter died, and she survived him, his death
terminated the operation OF the provision for his
life estate and the Oneration of the nrovision in
favor OF the child or children OF his vile The bill
was dismissed: The appellants maintain that their
title Is vested by the provisions of the will p phil
LIP and Louis Janin for appellants; ]. M Mason and
Charles O'COnor for appelees.
No. 127. The Nashville and Decatur Railroad Com.
pany va. Orr-Appeal from the District Court for
on certain bonds issued by Limestone county, Ala
bnma In aid OF the construction OF the road now
represented by the company. The defence was
shat the county should first have legal remedies
exhausted against IL before the company tthe en-
dorscrl could be called upon; and she Court hav.
ing 0verruled the plea and allowed the suit to
be maintained, the correctness OF the decision was
brought here for review, and the decree was now
reversed the Court holding that the county Is
primarily liable, and that the ruling OF the Court
was error. Mr.. Justice Hunt delivered the opinion.
No. I2i. Wnlitt's Executors vs.. Flster.-Appeal
Gom the supreme Court VI the District 0f Coluu.