The New York herald., 1878-11-06
LEGAL 4 1NrELLIGENCE.l !

The following business was transacted III the Su-
premc Court OF the United States to-day
ON motion of Mr. Alexander p. Morse w. L. Duff. Of
Memphis. Tenn, was admitted to practice K = H
No. a. Thomas Smell ct al. plaintiffs in error,
The Atlantic Fire and Marine Insurance Company OF
Providence. X. I-Appeal from the Circuit Court OF
ths United States for the Northern District Of Illinois
Decree OF the court below reversed. with costs and
conformity with the opinion Of this Court.
Mr.. Justice Harlan delivered tire opinion.
This action instituted to reform certain policy
OF insurance covering property of plaintiffs SO US to
prsSons s S 70 the issue % Of the policy The sintIs s
ncge u misunderstanding to the interest intended
to be insured that Keith one OF the firm intended @
firm in the property and that by the terms Of the
policy only keiths indivi interest was coyered
''Thc fundamental inquiry Is whether Smell. Taylor
to cover It's interest" The Court holds that upon the
policy reformed as to correspond with the original
agreement.
James surget t-Error 10 the Supreme Court Of Mis-
sssippi. Judgment affirmed. with costs.
The question In this IL whether the owner OF
the cotton burned by James Surgc under orders from
the southern military authorities can recover ffUm
said defendant the value Of the cotton so, destroyed
defendant. Upon error TO the Supreme Court Of
Mississippi that Judgment was affirmed. and FROM
that Judgment an appeal was taken to the supreme
The Court holds that the destruction Of the cotton
under the orders OF the nsurrccticnary military au-
thorites In order prevent IT from falling into the
hands of the federal army was under the circum-
act OF war for which the person executing
such military orders relieved from civil response
Nj Justice Harlan delivered the opinion. Mr.. Jus
No 36 Eugene Howlard. appellant vs. Lucius s.
Blake and James T. Ellott-Appeal from the Circuit
Court OF the United States for the East District OF
Wisconsin. Decree affirmed with costs.
Mr.. Justice Hunt deiveredsthc opinion
rasio rAs Gn error ss's 70 TIE pse cus I
United States for the Southern District of New York.
This case involves the right of the collection OF
customs ut New York during the insurrection in the
Southern States and under instructions OF the Score
tary Of the Treasury to require from the owner Of
any portion Of the cargo vessel allow to
be landed BY his agents. within the limits Of the
used to give aid and comfort to persons
in rebellion against the government OF the United
States The Supreme, Court holds that the court
fenant. and that in view OF the powers ven to tho
Collector by virtue Of instructions issued by the Sec
retary Of the Treasury under the third section OF the
Of May 20. 1862. he had authority to take such
bond that which is the subject Of this suit The
aud the case remanded for further proceedings.
Mr.. Justice bradley delivod the opinion Of the
Court
No. 2s. Amos d. Williams. appellant. VS.. johnson
Hogood. Substituted for Thomas g. Dunn. Comp
troler General Of south Caroline; William Quincy
peal from the Circuit Court OF the United States for
the District OF South Carolina.
This Is bill in equity. In which the relief sought
is ian injunction commanding the comptroller to
from refusing TO icvy tar for retiring certain
certificates of State indebtedness. and commanding
the county fron refusing receive
the for taxes and dues to the state except to pay
question presented merely abstract one tho
bill shows equity IN the complainant II IL therefore
dismissed. ~ was in the Court below. but without
prejudice " the complainants right 10 bring and
prosecute another suit when he shall be IN
dition to exhibit amy equity in himself
The opinion Of the Court was delivered by Mr..
Justice Strong. .sstt
No. a. John P. Southern ct al assignecs appellants
vs. Johnson Hagood substituted. &c.--Appcal from
the Court OF the United States for the district
of South Carolina. Decree reversed and cause re
inanded for further proceedings in conformity with
tho opinion Of this Court. tNEt IL #AA
The Chief Justice announced the opinion.
No. l. Samuel @. Cook plaintiff in error w. Tho
Commonwealth of Pennsylvania.-In error to the
Supreme Court OF Pennsylvania. 44N u
The judgment Of the supreme Court Of Pennsyl
Judge Miller dslivefed the opinion. ssti
No. So EmsIHSn s tbe o,y alppsaR vs. NATHAN
States for the Northern District OF Illinois.
Decree affirmed except far AZ IL fails TO provide
for tho redemption after sale OF each parcel OF land
provided by the statute Of Illinois, and cause rc-
manded with directions to amend the decree by max
ing an order for such redemption Costs 70 DO paid
Mr. Justice Miller delivered the opinion.
Leather M Appeai from the fc Circuit Court q the
Unted States for the District VI Louisiana Docrse
affirmed, with costs.
Mr. Justice swayno delivered tho opinion. y.
No. ~. William H. Clifford. ct al. appellants. vs.
John r. Helms. administrator, &c.Appea from, ths
Circuit Court of the United States for the Middle Dis
trict Of Tennessee. reversed with costs and
remsnded with directions to dismiss the bill
Mr.. Justice Clifford delivered the opinion. s4uN
No. 229. The Metropolitan National Bank OF New
York. appellant. The Counectcut Mutual Life In
o sp,s: W sus,n ,% the q q
Decree of August 49, 1876 confirming sale and much
OF dscres of February ~. 1875. ~ directs that
sale be made in accordance with tho parctce OF the
court reversed In all other respects the decree Of
the 18th of February, 1873. IL affirmed and cause
mandcd. with instructions to set aside same and
modify original decree provding for redemption
from same in accordance with the statutes Of Illinois,
Tse e ss psa ss aBRfss daysse the opinion @
No. A. Tho Baltimore and Ohio ltailroad COMPANY
plaintiffs in error, Oden BowioIn error 70 the
mont affirmed. with costs by divided count
Decision announced by tho Chief Justice. .sgl
9This presents the instruction TO what con-
stitutes delivery of freight common carrier 30
to charge the latter with the loss The particular
freight in this instance was tive m hors AMONG wn,ch
ernor Bowis Of Maryland, which Wa inlurcd while
being put upon the and for which nc recovered
No" Ny 60 4, H' Never and william Dcnnison. trus
tees. &c., plaintiffs in error vs. The Dclawaro kai
No No S@, william Dennison and L. H. Meyer. tris-
tee &C.. plaintiffs in vs. benjamin Burch ct al
No. ei6. william Dcnnison and l.. IL. Meyer, trus
tcess &c. plaintiffs in Benjamin and Sarah
II Burch. administrators, &c. IL s-4
Motions to affirm and dismiss submitted by Mr..
George O. Wright and Mr.. J. NJ Brayton in support Of
tho same. and by Mr.. James Grant in opposition
theroto. sA ls2h .t siNL tAh~ #iN tA
The following amendment to the sixth rulo was an
ounced:-Therv may he united with q motion 10 dis
miss. writ Of error or appeal motion to affirm on
the ground that. although tho record may show that
this Court has jurisdiction, II IL manifest the appeal
writ taken for delay only that question on
which the jurisdiction depends is frivolous noe
10 need further argument.
No. gG2 James 7. southern plaintiff in error. Vi.
John Fisher, trustee Nc. In error to the Circuit
Court of the United States for the District of south
Carolina.--On motion Of Mr.. W. II. Doyce. docketed
and dismissed with costs. .ET
No SO. uriniili Blake et al. appellants. William
| y. Hawkins ct a assgnoos. Appeal from the Sl
pfrnle Court OF North CarolinaArgued by Mr.. S i.
| Phillips TOR the appellants and submitted by Ar. ~
L ~ Murriiuuu tur sppellxw.