The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-08
UNITED STATES SUPREME COURT.
Decisions.


WARRINGTON. Jan. T. 1874
No. los Washington University Of Missouri FrincA
OF aL-Appea from the Circuit Court for Missour-In
tho Court below held that parties living In
Hrrectionary districts during the and who prior
thereto given deeds ,, trust certain lands in Mis-
souri, with authority to tho trustee sell in default Of
payment Of the debt which the deeds given
were entitled to suspension Of their contracts
pending the war, and would It's close entitled %
their @ % nd secsys their s not
provisions Of the deeds This decision is here reversed
sn 'ias xsd
esdon N s IN ne Sssa e . Of
sale made while the warwss hagrant The property Of
and sale for aeSs beoTc the war; as the
case OF other nonrosdenta Mr. Justice Miller delivered
No 49, Bean Beckwith- Certncatc of division from
the Circuit Court for vermont1he questions for de.
cision In this WERE rst whether the plea OF MILL
tary officer who had arrested and imprisoned private
citizen without warrant other authority except that
given to the President by the act of 1885, that the
done in obedience to executive and military orders
bar to an action for false Imprisonment; and. second.
whether the action ought dismissed by force Of the
provisions Of act to declare valid and conclusive GER
tain proclamaons the President and acts done 10 pur
s. or 1 I n % 81 ts
that such military authority did not exist In the absence
made whore there were no military s9eraSns and The
an % hH courts U were In unobsracsS oxer
else OF their jurisdicon and that it enough
bring act within the OF 1857 that the party doing
1t was generally employed in the executive department
the govern within the indemnity of tho
statute The act be done in pursuance OF
orders or issued by the President under
his authority Mr. Justice Fold delivered the
opinion
No. Atkins ct al. vs. Fibre Disiniegrating Company
Appeal from the Court tho Eastern District Of
New York. was libel Tor freight due a cargo
brought from Kingston and Port Morant Jam. for
dcmurrage while getting cargo and for damages tho
shin BY being stranded at Port Morant Tho decree OF
the District Court the beilsns except the
damages getting ashore and they appealed the
Circuit Court much OF the decree dsalowed
the damages aud the respondents from entire Decree
The Circuit Court reversed the decree question of
practice raised holding that the District Court, as
court OF admiralty, had authority 70 attach the prop
erty reside OF the district, under the prohibit
act 1882 The libelants here claimed that by volu
made the part Of the company
waved the benefit Of this objection ana the merits OF
the question OF the right Of attachment In such
they commended that exists and that without 1t there Is
no remedy, whatever the right Of action The Court sus
tained this theory and emanded the cause
The has been several times reported Mr.. Justice
Swayne delivered the opinion.
No. IT, New England Mutual Insurance Company Va
Detroit and Cleveland Navigation Company-Appeai
from the Circuit Court for OhioThis involved the
question decided in the No Atkins OF al w.
Fibre Distegratng Company of tho right OF attachment
In Admiralty suits In personam brought hgansenon
resident OF the district where tho action brought and
the decision made in that case dsposes Of the quesuons