The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-24

arrested
mted to bail but. despite earnest efforts evidence
could be secured against him. Yesterday, in the
General Sessions Assistant District Attorney
stating that there nothing but suspicious crcum
against the accused and that there would be
little possibility of convicting him before jury.
Judge Gildersleeve thereupon directed his discharge
COURT CALENDARS DAY.
SUPREME CoURr-CHAMBERs-He by Presiding
i5s. i76. 17s, 1so 19 1914 al5, 22s 2s as4 2s7 24o
245, 249, 25S, 271 272 Call commencing at No. 275
SUPREME CoURT-GENERAL TERM-Adjourned sine
SUPREME Counr-SPEclAL TERM.--Adjourned until
January .. 1879
SUPREME COURr-Parts 1, ana 3.-AdJourled Tor
the term.
SUPERIOR CoURr-GENERAL TERM-Adjourned sine
SUPERIOR CoUgr-SpEcIAL TERM-Held by Judge
Freedman.-No day calendar.
SUPERIOR CouRT-TRIAL TERM-Parts l and 2-Ad-
journed for the term.
COMMON PLEAs-GENERAL TERx-Adjourned for
the term.
COMMON PLEAs-sPEcnL TEnn-Held by Judge Van
Hoesen.-No day calendar.
Judge Larremore.-Nos 67s 1877 100. so1. s14.
2o22 $751; si5 $685. 1874. sa5. 1886. ss7, 1885, ss9. Part
1922. 995. 5l7. 1883. l42s, 1904. TAI, 10.
MARINE CouRrTRrAL TERM-Parts and AID
journed for the term. Part s-Held by Judge
CouRT OF GENERAL SEssoNs-Part Held by Judge
charlottesville day calendar. Part 2.-Adjourned
for the term.
NEW Yonx OYER AND TERMrsER-Held by Judge
Danels.-No day calendar.
UNITED STATES SUPREME COURT.
WASHINGTON. Dec. %. 1873
In the United States Supreme Court to-day the
following action taken:-
On motion Of P. Phillips. John p Hoyt. of vassar,
Mich. adm tied to practice. were also Robert
n Ely, OF Atlanta, Ga, on motion OF X. Fallingant
and Edgar NJ. Marble. of Ionia. Mich. motion OF
Attorney General Devens.
No. 956. Frank o. Kihlberg. appellant. The
United States-Appea from the Court of Claims
Judgment of the Court Of Claims affirmed. Judge
Harlan delivered the opinion.
No 90 Rush Burgess. collector plaintiff in error.
vs.. Salmon Hancock-Error to the Circuit Court
of the United States for the Eastern District OF vr
ginia.-The single question presented by this
is whether act of Congress imposing additional
tax of four cents q pound on tobacco took effect
from the earliest moment of the day on which it
approved by the President only from the exact
hour and moment when it actually received the lat
ter's signature. The Court is OF the opinion that
upon the agreed statement Of facts the government
must fail, for the reason that in the present
case the agreed time Of the Presidential approval
points out the earliest possible moment at which
the act in question could become a law
take effect. and that to impose upon the
owner Of the tobacco criminal punishment
or a money penalty for the non-payment of the adj
dtional tax would be to subject him to the operation
court is therefore affirmed with costs and interest
Judge Hunt delivered the opinion.
No. ia. The City of Little Rock plaintiff in error
vs. The Merchants National Bank of Little Rock
Error TO the Circuit Court Of the Eastern District Of
Arkansas.-Judgment of the lower court affirmed,
with costs and interest. Judge Hunt delivered the
opinion.
The United Statcs-Appeal from the Court Of
Claims.-Judgment Of the Court OF Claims affirmed.
Judge Clifford delivered the opinion Judges Miller
Strong Field and Harlan dissenting.
No 955. Andres bold, appellant, The United
States-Appeal from the Court of Claims.-Judg-
Inent affirmed. The Chief Justice delivered tho
No 63i. The Bank of the Old Dominion, plaintiff in
error, James III. & William n. Mcvegh-Error
from Supreme Court of Appeals Of virginia-Motion
to dismiss for want of jurisdiction granted on the
ground that il nowhere appears in the record
that the plaintiff in error set up claimed any
title right. privilege or immunity under the
stitution or authority of the United States. which
was denied him by the decision below. The Chief
Justice delivered tho opinion.
No. 797. The United states W. Fanny W. j. Inne-
rarity ct al.
No 7gs. The United States va t. b. Olivier ct al.
No. 100. The United States Marquis of Casayrujo
ct al.
Of the United States the District Of Louisiana.
were all suits instituted under the eleventh
section Of the act for the final adjustment OF private
land claims in Florida Louisiana and Missouri. Tho
decree of the lower court in all three cases
affirmed without written opinions. The Chief Justice
announced the decision.
No 5s3. l.. Gray. plaintiff in error vs. william
Blanchard ct a.--Error to the Circuit Court the
United states for the Western District of Micbiean-
Motion to dismiss granted for the that the
amount in dispute Is not large enough To- give this
Court jurisdiction. The Chief Justice delivered the
NO. 100. John II. Wilson, plaintiff in error vs..
James w. Goodrich assignee, &c.-In the s,i-
perior Court of Massachusetts,. affirmed.
with costs and interest upon grounds stated in olaf
lin Va. Houseman, 95d United States, 143. The Chief
Justice delivered the opinion.
No 136. J. W. and Susan b. Grigsby appellants,
Va. q. W. Purcell Co. q al.-Moton to dismiss de-
MED.
No 1875. John 4. Williams et AL plaintiff in error,
vs.. The state of Louisiana, Charles Clinton auditor,
&c., ct al.--Passcd, TO be- heard when No. 1913 is
reached.
No 2i5. The State OF Louisiana OK rel. Citizens
Bank Of Louisiana, plaintiff in error. The Board
of Liquidation OF tine state of Louisiana ct a-Error
10 the supreme Court OF Louisians-This was suit
instituted by the rclator to compel the defendants
FUND certain bonds VI the New Orleans, Mo-
bile and Chattanooga Railroad Company held
Ny IL and guaranteed ny the state under act No 81 Of
1869 The lower courts decided against the plaintiff
on the ground that the bonds in question were not
valid obligations Of the state. submitted by A. Hilot
and Edward Janin tor plaintiff in error and J. a. A.
No. I05. Sarah j.. Hunt plaintiff in error, Will
lam II. Hunt.-Moton to dismiss submitted by 7. !.
Durant and G. W. Hornor aud opposed by u. u. Lord.
No. 92I. Alfred fastrapes et al. plaintiffs In error.
Jules A. Became 1T. al.--Motion to dismiss sub
mittcd by r. Phillips and opposed by +. ). Durant
and q. w. HornOr.
No. 300. The sandusky Seat Company ct nj. Va.
Thomas Comstock ct al.--Motions 20 advance and
modification of injunction opposed by John H. Hatch
aud William Bakwell.
No. lo2. William }. De Trevillc, plaintiff in error.
Vs. Robert Smas.-Appea from the United States
District Court OF South CsrOlina.--Argument
tnued by solicitor General Phillips for defendant in
error and concluded by James Lowndes for plaintiff
In error
Nos. l03 and 772 The Atlantic and Gulf Railroad
Company, plannn in error, The stats Of
Gcorgia-Error 10 the supreme Court Georgia.-The
plaintiff In error In these rcsists the collection
of taxes levied upon II by the state, on the ground
that the taxation is In contrsventon Of It's original