The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-12-01

s4Asns w .enIQEoe MS r!gnlS as 40 In
former in respect OF certain land in
Bibb County, Ga, which had been
con yeysd by will to the Confederate
States. to aid the use of the rebellion.
1t is here held that rs the iapd had al
ready become by Conquest the pro-
perty of the United States, and re-
quired no legal process to make it
such, no person could claim as an in
former in respect of it, and that the
Act OF 1861, relating to informers, was
cloarly intendn1 to apply to private.
not personal property; to snch pro-
perty OF persons aa required under the
laws OF War IL judicial sentence of con-
deElnatlon To divest tho title OF its
owner, not such property Of hostile
governmeut ns bad already been cap.
tnred by the mrtny aud subjected 10
the complete aud uudispnted owner
stip OF the cOnqueriDg power. Af-
rmed. Tno Cnirf Justice delivered
the opinion.
Steamboat MolIie Mobler IT al rs.
Homo Insurance Compnny-appea
from the Circuit Court for the Eastern
District Of Wisconsin,. This was the
aitirmauce Of decree charging the
officers OF the steamer with wrongful
nct III attempting to pass through tho
piers of bridge near St. Paul, on the
M!ss'asippi. whan nuvigating that
! river IN May, 1866. ia very rough wea
thcr, as her cargo Of wheat, insured by
the company. was lost in consequence
of the act. Tne decree was for the
amount of Insurance. taken, aud it is
sustained. Mr.. Justice Davis delivered
the opinion.
Douglas rs Douglas-error tn the
Supreme Court for tue District of Co
inmbia. 1t III decided IN This case that
where plaintiff sues out writ for
the recovery OF personal property, aud
when 1t is seized and rendered to him
by tue Marshal finding it in condition
not az he expected, refuses to receive
1t, such u teutier by the Marshal is IL
discharge OF the obligation of the de
fendants to surrender the property in
case 1t Is decided to be the plaintiffs.
fannevor es al. 0s. E.yant-error
to the Superior Court Of Massachu-
| setss. In THIS case it is held that it ia
too late after u cause is heard aud de-
cided in the State Court to ask for it's
removal to the Federal Court; also
that the case IL within the poIBt de-
cidsd In the sewing machine Gases
Is Wall-that an action by plaintiff.
who was citizen of tho State in which
the suit was brought against two dc
defendants who were citizens of other
States. aud third who was O citizen
| of the came State as tho plaintiff, is
| not removable 10 the District Court,
under the Act Of 1867, upon the petit
ton of the two nonresident defend
ants. The Chief Justice delivered the
opinion.
Amber rs. Whipple ct al appeal
from the Supreme Court of the District
OF Columbia. This was the reversal Of
decree below il a proceeding based
on partnership between the parties,
which was entered into for the purpose
Of perfecting an invention for generat-
ing gas from petroleum, which could
be utilized. The decree below found
that by dissipated conduct and neglect
OF business Amber had lost his rights
under the contract OF copartnership.
and was not entitled to share in the
success Of the invention. This Court
saw nothing in the onse which deprives
! him Of his rights, and reverse the de.
cree. Mr.. Justice Miller delivered the
opinion.
| Doaglas Us. Donglas to the
Supreme Court Of the District of Co
lnmbsa. ln this case it is held that
where plaintiff repIevlns property aud
the property Is returned 10 the defend
apt on his giving bond, stipulaiing to
surrender it IN case the judgment is
ag .innt him. und the case being decided
III favor OF the plaintiff, and he sues out
proceedings aud sciz*s the property.
the delivery Of tho property to him by
the Marshal in pursuance O; such pro-
cess, is u discharge Of the defendants
bond, although the plaintiff claiming
to tind tho property III proper condl.
. ton, refuses to receive it. Judgment
refused. Justice 8 suvre delivered The
opinion.
Evansville AMI Charlottesville Rail-
road Company IS. :Androscoggin Mills
error to the Circuit Court for the
District Of Indiana. L is was TN
action to recover for thirty bales cot
ton burned wuila in course of trans
por.ation by the railroad company
from Mississippi to the mills. in Name.
a Judgment was recovered below,
based On construction Of the argu-
ment between the parties, limiting the
exemption from liability Of tho com
pany to certain portions Of the line OF
transit. That judgment Is hereby re-
vcrsed. tue coart finding that the OK
emp,ion covered tbs entire route.
! Insfir, IInnf 4 .t;vnrnI lI, ,,n;.,;,,,