The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-26
UNITED STATES SUPREME COURT.
Decisions.
WASHINGTON, March q, 1874.

WASHINGTON, March "a, 1874.
No. 2l2. Stevenson VS.. Williams ct als-Error to
the supreme Court Of LouisiaDa.-This was an ap.
plication for the removal OF the cause to the
Federal Court, made after final Judgment rendered
in the case. The Court below ruled the motion
too late, and that decision is here affirmed. the
Court holding that the act OF Congress OF March,
1867, under which the removal was asked, only au
th0rlZes removal when application Is mau e be-
fore the final hearing or trial OF the suit; and that
this clearly means before final Judgment in the
Court OF original jurisdiction where the suit Is
brought Whether 1t does not mean still more.
before the hearing or trial Is commenced, which
Is olowea oy sncn sav xhe cSaTs may
that question In this Court. Mr.. Justice Field de.
livered the opinion.
No. 2l7 Murray VS.. Raphael-Error to the Cir
cult Court for the District OF Georgia--This was
action on paper acknowledging to DO due the de-
lendant In error certain sum, and promising
to pay the amount when the crops were made, OF
as soon as the money could be obtained from
other sources but fixing no time Tor payment
further than these alternatives would Indicate.
Tne Court below refused to charge as requested.
that this paper proved special agreement when
that this paper proved special agreement which
was still operative. and that being such, there
could De no recovery upon It, and Instructed the
jury that 1t was not such an Agreement, ana
entered this verdict was here affirmed, che
Court holding that while the paper was not ~ SUI
noi pav upon
OF the alternatives mentioned; but presented =
case for payment within reaSOnaole tllhe, anu
such reasonable time having expired Tue ia
struction was proper and the recovery 'ega'.
Mr.. Justice Swayne delivered the opinion.
No. 224. Mercnants Mutual Insurance Company
vs.. Barring Brothers-Error to the Circuit Court
OF Louisiana. this case the insurabe interest
of the defendants was on bottomry bond on the
bark Fanny Ealer; and as tne vesseI arrived
at the mort OF destination, New Orleans, the
Cont was requested TO charge that the arrival
ferminated the risk, and there could be no recOv
erv that II n only wi the vessel insured Is lost
that the assured on q b0tt0mry bond can recover.
comnanv was not bound TO tender back the
nrenium OF insurance before awaiting itself OF any
defence against the validity OF the policy, for It's
Avoidance for subsequent cause The refusal OF
the Court to make these charges las here assigned
as error, and IL was contender chat In a case oil
partial loss and general average the holders OF the
boJtomry interest could not recover.
The Court sustained the ruling below and hOd that
the assured were entitled to recover Mr.. Justice
Chff0rd delivered the opinion.
No. 225. Head VS.. The Curators OF the University
OF Missouri.-This was an afirmance OF the judg-
ment OF the Supreme Court OF Missouri sanction
ing the removal Of she plaintiff In error from pro-
censorship In the University. Mr.. Justice HUNT de-
lvered the opinion.
No. 2S5. stanton ct al. VS.. Steamboat DICK fu''
ton-Appeal from the Circuit court OF the south.
ern district OF Missouri. The Chief Justice an.
nounced the afrmance Of the decree In this cause,
with costs.
No. ISL Allen vs.. Tarleton ct al.-Error to thu
Supreme Court ot Louisiana.-writ OF error dI>
| missed.