New-York tribune., 1886-03-30
TRANSCONTINENTAL MAILS
CLAIMS OF THE UNION PACIFIC ROAD.
PATENT rFRINGrutNrs-pECtsIoN ny THE U. s.
sUPkEME COURT

~
OF the Court Claims IN the suits between tue Union
Ic,ac Railroad Company aud the United states grow
ing out of charges made by the railroad for Transporting
thc mails and the Government empioNes accompanying
them, and on the par; OF tho Government In reference
q, IT. claims for per cent OF amount OF the earnuCs
Of ,he road under tho OF 1862 The Court o' C.ahS
decided that the railroad company was enu'Iod 10
S29lOl8a Os Tor services rendered the Government
aud that the United STATES on ther counter cl were
emitted to recover S4lS7S07 SO. and gave Judgment III
1avor of the Uuited states FOR the dlherohce
Sl.5776s3 81 From this Judgment the Ohl'ou STATES
appealed
In the case OF susie Kerr, Rosa J.. Kerr AMI Joseph
B. Kerr. act the Park Commissioners OF Chicago Oh
the appeal of plaintiffs from decree OF the Circuit Court
OF United states for the Northern District ot limos
I'm the execution Of a mludato OF the supreme
Court OF the United States by which the value of certain
land owucd by the plaintiffs AMI taken posseiion OF ior
a PARK by the south Park Com nnissoners was ordered
TO be determined by JUICY AM paid t. piahtHS INC
Supreme Court affirmed the decision OF tue lower court
II another suit by the same parties wherein tue t"Ih
Commits sought to recover Judgment Tor sums AZ
yanceu 10y them TO i<orrs enable them to protect
their title TO part OF the lands the decision OF the lower
court WAS reversed. with instructions TO dismiss tho OIL
the whole controversy having Deen settled Dy the de
cls.On in the first case.
In 40 IG6-The Yale Lock Manufacturing Company
AT IIsIbcr Green eaf; appeal from the Circuit Court
of , United State, foc sOuthern district OF New
York suit ia equity brought by GreonIeat 10 RESTRAIN
the infringement the appellant OF tue kOsner patent
for an Improvement in Formulation locks tao uecree o'
the lowor Is reversed and the case renandei Win
directions to dlsAiss bill, the court deciding tha
the first clam OF patent anticipated by the APP
pncation OF d. H. Rcktris and by the locks mauuftct-
ured by EVAN Wabson, OF Phildep ail. aud hat Is
therefore void Justice Woods delivered tho opinion OF
the Court.
In No. lGj--The Yale Lock Manufacturing Company
agt James Sargent SUIT for an injunction to restrain
Y In Cam from
paeut granted for an Improvement III permu
tatiOn An appeal from the Circuit Court TOT Tue
Southern District Of New-York which gave judgment
for complainant for injunction and Tor @too %
damages ami COSTS thc court 81 sce VI ithews deliver
ing the opinionl held that hero infringement
pud accordingly reversed the decree Of the lower court
ana demanded the with directions TO dismiss the
bill
Ia No. 17O-J0hn u. Hobbs ass gnee IN bankruptcy "t
C. X Peck appellant, agt. John A. Mclean aud Will
tam Harmon, arP'h from the Crruj Court Oh lhe
United states tho southern DISCREET Of Iowa the
Court affirmed the decreo OF the lower court when de
cdred threo persons form partnership ana
agree and snare the profits OF the part
nership in proportion Ia their contribution To is
capital and two OF partners furnish all tlo money
and DO all the work. thy are entitled be repaid their
adva.ces bofOro ncut OF the ndivd
creditors of the partner who paid nothing and ala
nothing to promote the partnership business Justice
Woods delivered the opinion Of tho Court
plaintiffs in error, agt Thomas C. Fletcher
executor of c. S. Afford. deceased. Afford took
ou' an insurance policy OF $1,000 np'h
his the New York Life Insurance Company through
the conpauy's al ST. LOUIS After his death pay
luen WAS refused ground int his answer to GER
tain respecting his condition OF health were
untrue nd present action brought by his "Xecu
1t said that he answered the questions tray
but that the agent got incorrectly. In hs
agreement between Afford aud tho company II was Sup
ula,od that If any of the untrIe the !
polcy would be void Ini all tIe moneys paid |
IN reon should he forfeited The lower court !
charged the jury t1at II tho aseut committed the /
fraud the pdutn cOCd recover. that If the plalnh di
not The fraud unul after the deivery OF the
icy and the payment of he nrsl premium lie not /
called upon take any steps FOR te cancellation "t the
contract The iudsmrn OF the lower court reversed
aud the case RENAMED for trial
No lG9-The Sioux city aud ~. Pau Railroad COmpt-
ny amt Alexander II. RICE and T. f. Drake. trustees ap
peants. the Chicago, Milwaukee ana ST. Paul kai
rOdt Company
No. Jl7-Inc Chicago. Milwaukee ami ST. Paul Rail (
road COMPANY agt the sioux City Paul Railroad
CompAuy.A IL. Rice Elias L. DriNe ana JOHN II. Gcarct
a. appeals from the Circuit Court of the United states
ni and m Inc ,rncon Of a abroad from ,io * CIV
Iowa point to be DESIGNATED by tue state
III Minnesota -taio lne Ii ih' sane act 1t made a !
grant aid m the construction of railroad from Nc
Giesor l""" TO P0i4t To con WIN lnr otA,I Iotd
IN OBrlrn County NJ grant WAS gen sections OF place
limit and twenty miles indemnity limits. Al the point /
a
the land grant limits. The controversy /
the rights of the two companies IL IL land [
that each COMPANY was entitled TO an Undivided ono
ha o. all the lands within ne overlap rrgHdlrSsof thr
limits Of place an Indemnity The supreme CONT holds
sIonx C,t nt 81 pin ComI9py and onts"ir Of oc
place luIt Of the Other r0ii h"olg TO the former
pany rGcius,N-y; tina the iands within the ten-mic
side Of the pace limits of the sioux CITY ani
81 Pm r%aa & Seo@s acre to Of the former r r1
ls reversed in these two rArlirular- The court also
tkcs an undivided mniey, an that In the indemnity
limits mere having heen no selection by either
plny ga company takes an undivided moirty. As To
tie ast proposition the decree OF the court below
Affirmed.
No l36-The District Columbia plaintiffs in error agt
JON AG so1 Srf t% c @ So.s our, 'e r M
Sitl rocons to ard new rai OPINION by Mr. justice
BoSham ovTnor .n ] ctc and s5t ana Nd Il, YIN"
and OF sfs Alpras The ircai Court OF tie United
viii Cosis. orn on BY Hr Chief Just &C ate
y l95-Ihom1s Stdrges and Sn.an stur-eS plaintiffs
OF United The southern Islric Ncw
ons 70 rrIhanG The use to the rcS court aai t. eject
@ S9q N to TSge s use w1 e Ware case according 10 a"
40 lH6-rhe Ph,en Mutud Llfe Insurance Company,
rcut Court the United tates or the Eastern bi;rcO
hi"f JSsp cc Waite ann 'p''''" . '''
10 original Npartc. in the matter Of Phoenix Insur.
writ ot mandamus denied Opinion by MI Chief Justice
80 So 2S9-Thc United State. appellants. ast William
on / lr 4th Monday AIr ter cases ar 'ady argued
illl9u VI cici and lien 4 ChTiSy, appellants
egt William Phelps and OtIcrS Appeal fIOmth Circuit
Court of Tie Uutof states the Northern District
Unos on OF Robert for appellants DIS
missed with
The Chief Justice announced the following order
Ordered that the following regulations be established
under section 765 OF the Revised Statutes Iue 81,
Custody OF prisoners on habeas corpus.
F!rst-PendiDg appeal from the final decision OF
any court Judge declining to grant the writ of habeas
corpus, the custody OF the prisoner shall not be dis
turued.
notwithstanding an appeal from the final decision Of
any Judge dIsChIrglng the writ after 1t has
beer the prisoner shall be reanded TO tue custody
from which he taken by the wit. shall, Tor good
cause shown he detained in custody Of the court
Judge.
frn1n La nna dncia MI