National Republican., 1885-10-27
TIE COURT RECORD.

THE COURT RECORD.
In the Supreme Court of the United states
yesterday Mr.. Justice Blatchford announced
the decision in the case brought BY q. Dj RDi.
set Lamar, executor of GaZlway b. Lamar,
against Hugh McCullooh, cx.sccretary of thI
treasury, originally brought in the supreme
court of the state OF New York, but was re.
moved into the clrcul. court of the United
States by the defendant The action to recover
sl5O,2s0 for the "rhomasville cotton" and
sll0,76J for the "Florlda cotton" The suit
was afterwards discontinued rs TO the Thomas
vile cotton. The cotton in question was
seized In 1868 by special agents of the Treasury
Department as captured or abandoned prop.
erty, shipped to New York, aud sold.
According to the letter Of the special agent Il
was owned by the Exporting and Importing
Company of Georgia president q. u. Lamar, u
company engaged in blockade running aud
holding the property for the purpose of aiding
and abctting the rebellion" The court says
that IL Is manifest that tho net of July 81 1863,
was intended to cover, and does cover the case.
Whatever doubt there might have been before
the act was passed there could be none now.
Even though the property taken was private
property, u u was taken by an olhcer or agent
of the United States under n claim that II was
abandoned or captured property, IN the al.
ministrHtion of the act OF March ~, 1851, tho
Jurisdiction OF every court but the court of
claims, in respect to every mode OF redress Is
taken away when 1t Is pleaded in defense that
the property was taken by the defendant as
such officer or agent In the administration Of
the act, or In virtue or under color thereof,
and that fact is sustained by the proof The
circuit court had Instructed the Jury to find u
verdict for the defendant, and this Judgment
the Supreme Court allirms.
Mr. Justice Gray announced the decision In
the case of Oliver u. Flllcy against Thomas J,
Pope and James Il. Pope. Fllcy contracted
with the Popes for the purchase of 500 tons Of
pig iron at SIG per ton cash In bond ut New Or
leans, shipment from Glasgow as soon ns post
BILE, delivery and sale subject to ocean risks.
The iron was shipped from Leiih instead OF
Glasgow, and on this ground Fillcy refused to
receive 1t. The court holds that 1t has neither
the means nor the right TO determine why the
parties In this case specified shipment from
Glnsgow," but is bound to give effect to the
terms which the parties have chosen for them
selves The Judgment OF the circuit court for
the plaintiff Is therefore reversed, and the case
Is remandcd with directions to order new
trial.
Mr.. Justice Gray also announced the decision
in the case of a. Norrington & Co.. of Great
Britain, plaintiffs IN error, against Potter
Wright x Sons, of Philadelphia, The latter
contracted to purchase 5000 tons OF iron rails,
to be delivered at the rate of about 1000 tons II
month. The deliveries soma months were
greatly below and in others in excess of 1,0l0
tons, in consequence of which the Philadel-
phia firm declined 10 accept certain of the
shipments. The Supreme Court, reviewing. tho
subject, is of opinion that the plaintiffs failure
| TO make such shipments in February and
March, as the contract required, prevents their
| maintaining this action. The Judgment of the
circuit court for the defendants is therefore
The following decisions were also rendered
The Boston Hydraulic Gold Mining Company,
| plaintiff in error, VS.. Tho Eagle Copper and
| Silver Mining Company; in error to the Cir
cult court of the United States for the district
| of California; judgment affirmed with costs
The Consolidated Safety Valve Company, up
| pellant, VS.. Erustus B. Kunkle; motion to ad.
| vance denied. John Sloan ct al. plaintiffs III
error, vs. Marcus Anderson; motion to advance
| granted. Jas. L. Plympton, appellant, VS.
| Samuel Winslow; motion for certiorari granted
! motion TO advance granted, and cause assigned
for argument on the third Monday, In November
next after No. 1ll5. In the matter of Hollor
Parker, petitioner; motion for leave to file
| petition for writ of mandamus granted.
order:
| ing to the number OF decisions at the last term
II was impracticable to put the reports In three
volumes, IT Is therefore now here ordered tina
he publish an additional volume containing
decisions of the last term and decisions of thu
present term; and also another volume con
tanning only decisions of the present term, pur
section 6si Of the Revised Statutes and sectior
/ Of chapter $50 of the acts of the first session
OF The ,iiorty'seyenth Congress, approved Aug
Henry Peychand, surviving syndic, &c. VS.
The United States; appeal from the court o
claims: ON motion of Solicitor General Goode
dismissed pursuant TO fifteenth rule. George
L. Coney ct al, appellants, VS.. Alored T.. Win
chell; motion TO advance, pursuant to thirty
second rule, granted. A. s. Core ct al, plain
tifis in error, vs. John +. Vinal motion to dis
support OF same. John j. sheilinger ct ali
appellants, VS.. Henry L. Crawford ct al; ap
peal from the supreme court OF the District o
Columbia; on motion of Mr.. c. G. Cole, for ap
Haurick. plaintiff in error VS.. Eliza NJ. o. Briei
ct al; motion to dismiss submitted by Mr.. H. N
Low and Mr.. j. T. Brady IN support Of motion
and by Mr. L. w. Goodrich and Mr.. w Hallet
Phillips in opposition thereto NJ. f. Morris e
a., executors &C., plaintiff In error,vs. Dc wit
G. Giddings; argument continued by Mr. JohI
and Mr.. A. II. Garland for defendant in error
and concluded by Mr.. Selden for plaintiff II
error. Walter II. Smith, appellant VS.. Dais!
by Mr.. S. s. Henkle for the appellant.
Court in General Tcrm-Chief Justice CARTE
and Justices James and Merrick.-Dunn vs.
M9rti opinion by Justice Merrick reyersn
of Columbia VS.. Oyster; opinion by Justice Mel
rick renanding case for Judgment. District @
Columbia VS.. DAILY; opinion by Justice MeErlc
lumbia; opinion by Justice Merrck quashn
information. Housam VS.. Kunecke; opinion
by Justice James affirming judgment below
reversing decree below. wall vs.. Robinson; OF
hearing Assignment unchanged.
Circuit Court--Justico Cox.-Kintz VS.. Par
cell Judgment DelOW aHrmeu. hoover VS.
Littleford; judgment below affirmed for pos
session and costs. Hine vs.. Mahon; verdict 70
plaintiff for Ss665; motion for new trial filed
Kelly VS.. Diver; jury out. Frlsk vs. Brooks
on trial. Assignment forto.day-Appeals-N
2l: As, ,5s, 80, 62, and 43.
Equity Court--Justice Hagne r-Palmer vs.
Palmer; sale ratified nisi. Best vs. best; sal
ratified nisi. Schoenborn vs.. Schoenborn; sal
finally ratified and cause referred to the au
ditor. Green VS.. Green ct al; pro confesso a
to ]. b. Green. King VS.. Watson; auditors re
port confirmed in part. Murphy vs. Geneste
order appointing G. O. Duncanson receiver
Parker VS.. Lewis; testimony ordered taken be
fore l.. G. Williamson, examiner Dannen
hover VS.; Puryington; on hearing. Assign
ment unchanged.
Criminal Court-Justlce MacArthur-Ado
phus Burgess. convicted of ofhousebreaking; mo
tion for new trial filed. Grant Thomas, gram
larceny, guilty; notice OF a motion for n neN
trial. Grant Thomas, second ofense. petit lar
ceny, 'guilty;, sentence, suspended. william
Heply, grand larceny, pleaded guilty; one yea
In the penitentlary. Assignments for to-day
Wm. McCaiirey, keeping gaming table. IsalaI
Hoskins ct al; falling to place collar and ta
on dog.