Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-06


by Mr.. Justice Brown.
No. 49-John F. Hill, plaintiff In error, agt
Warren q. McCord, in error to the SUI
preme court of the state of Wisconsin;
Judgment affirmed with costs; opinion by
Mr.. Justice Brewer.
The chief justice announced the following
orders of the court:
No. 214-J. w. Toney ct al, plaintiffs In
error, agt. the mayor and city council of the
city of Macon; in error to the supreme court
of the state of Georgia.; dismissed for the
want of jurisdiction on the authority or
Meagher agt. Minnesota Company, 145 u.
S., COS GIL, Haseltine agt. Central Bank. 133
L. S. 1870 and cases cited; see Charleston,
etc, Railway Company agt. Miller, 10 Ga.
50; Augusta Railway Company agt An
drews 90 Ga. 706.
No. 219-Charles F. Dodge, appellant, agt.
George Ellis and John J. Herlihey; appeal
from the district court of the United States
for the southern district of Texas; final
order affirmed with costs; exparte ReggeI,
ia U. S. 642; Roberts agt. Reilly, ZIG y. s.
so; Kohl agt. Lehlback, 160 Z. s. 293; Hyatt
agt People ex rel Cochran, 1873 U. S. SOL.
No. 301-The United States ex rel. Frank
Edwards. lieutenant, etc. plaintiff In error,
agt William H. Taft, Secretary of War.
ct al: in error to the Court of Appeals of
the District of Columbia; dismissed for the
want of jurisdiction, on the authority or
South Carolina agt. Seymour, 1o3 U. 5. BOD
United States agt. Lynch, 1877 U. s. $50;
United States ex rel. Phillips agt Ware,
commissioner; same agt. Hitchcock, Sec
rotary, 1S9 U. s. 507.
No. CLOSE Antonio Fernandez Perez,
plaintiff in error, agt Jose Perez Fernan-
dez; counsel are requested to submit addl-
tional briefs on these points:
1. Can this court on the record or TINS
case properly consider and determine the
contention of plaintiff in error that civil
action like the present one was, at the date
of the attachment and the commencement
of this action, unknown to and unauthor.
lied by the laws and Jurisprudence of
Porto Rico?
2. Was a civil action like the present one
known to the Jurisprudence and laws OF
Porto Rico at the time the attachment IN
question was sued out?
3. Under the law of civil procedure as
existing in Porto Rico at the time Of the
attachment proceeding complained or could
the damages herein claimed have been al
lowed or assessed in that proceeding upon
the dissolution or discharge of the attach
ment: If so, was that made exclusive OF
every other for ascertaining such dam
ages.
No. 137-The City of Oklahoma City,
plaintiff in error, agt. Frank McMaster;
motion to dismiss or affirm postponed to
the hearing of the case on its merits
No. 17o-The Louisville and Nashville
Railroad Company, plaintiff in error, agt.
the Barber Asphalt Paving Company ct al;
motions to dismiss or affirm postponed to
the hearing of the case on its merits.
No. 201-W. ]. Warder, plaintiff in error.
agt. Mrs. Laura LOOMS ct al; motion to
dismiss postponed to the hearing of the
cause on it's merits.
No. 4o0-The Baltimore and Ohio Coal
Company, petitioner, agt. the Colonial
Trust Company, trustee, etc, ct al. Pc
tition for a writ of certiorari to the United
States circuit court of appeals for the sixth
circuit; denied
No. 42S-Joseph B. Baitram ct al, petition
ers, agt the United States;
No. 429-Benjamin H. Howell ct al, pc
titioners agt. the United States, and
No. 430-The American Sugar Refining
Petition for writs of certiorari to the United
States circuit court of appeals for the Sec
ond circuit; denied
No. 432-New York Baking Powder Com
pany ct al, petitioners, agt. Rumford Chem
ical Works. Petition for writ of GER
tiorari to the United States circuit court of
appeals for the second circuit; denied.
No. 43S-The United States, petitioner, agt.
George E. Cadarr ct al. Petition for a writ
of certiorari to the court of appeals for
the District of Columbia; granted
No. 441-W. j. McCahan Sugar Refining
Company, petitioner, agt. the steamship
"Wildcroft,'' etc Petition for writ of GER
tiorari to the United States circuit court of
appeals for the third circuit; granted.
No 442-Alfred w. Carter, guardian. etc,
plaintiff in error, ast George D. Gear; sec
ond judge, etc. Rule to show cause why
the order applied for should not be grant
ed; directed to issue returnable Monday,
February 81 1905. Defendants in error
restrained from further proceedings until
be heard on the merits on that day.
No. 91-Domingo Felici ct al, plaintiffs in
error, agt George w. Whitehead in error
to the circuit court of the United States for
the southern district of New York; dismiss
ed per stipulation on motion of Mr.. Solicit
tor General Hoyt for the defendant In error
No. W-Joshua Bishop, appellant, agt. the
United States; passed to be restored to the
call subject to the provisions of section .,
rule 26, on motion of Mr.. Solicitor General
Hoyt for the appellee.
No. 436-Edgar A. Davis ct AL, petitioners,
agt. A. Booth & Co.; petition for writ of
of appeals for the sixth circuit; submitted
by Mr. Fred A. Baker for the petitioners
and by Mr.. Henry NJ. Duffield and MI.
Charles S. Thornton for the respondents;
leave granted to counsel for petitioners to
file an additional brief within four days.
No. 339-Blue Mountain Iron and Steel
Company, &c, petitioner, agt. Frank Port
ner ct al; petition for a writ of certiorari
to the United States circuit court of appeals
for the fourth circuit; submitted by Mr..
Henry c. Terry for the petitioner and by
Mr.. Bernard Carter and Mr.. ]. Kemp Bart
lett for the respondents; leave granted
counsel for petitioner to file an additional
brief within three days.
No. 447-The Salt River Valley Canal Com
pany. appellant agt. Henry E. Slosser.
No. 44S-The Maricopa Canal Company,
appellant, agt Martin Gould; and
No. 449-The Brand Canal Company, ap-
pellant, agt. Tom Brockman; appeals from
the supreme court or the territory OF Arl-
IONA; docketed and dismissed with costs on
motion of Mr.. c. J. Kapler for the appeIlees.
No. (originaD The state of South Da-
kota, complainant, agt. the state of North
Carolina ct al; motion to modify decree as
to date of payment, &c; submitted by Mr.
r. d. Gilmer for the defendant, in support
of motion, and by Mr.. Wheeler H. Peck
ham for the complainant, In opposition
thereto.
No. Ala The Western Transit Company
owner, &C., petitioner, agt the Minnesota
Steamship Company ct al; petition for a
writ of certforari to the United States cir
cult court af appeals for the sixth circuit:
submitted by Mr. Harvey D. Goulder, Mr.
S. III. Holding and Mr. F. S. Masten for the
petitioner, and by Mr.. Jas. H. Hoyt, Mr.
John c. Shaw, Mr. Martin Casey, Mr. Chas.
B. Warren and Mr. w. B. Cady for the re-
spondent.
No. 2l9 Charles F. Dodge. appellant,
agt George Ellis ct al; mandate granted on
motion of Mr.. H G. Gray for the appel
lees.
No. 100 Giovanni Lavagnino, plaintiff in
error, agt. Edmund H. Ulig ct al; motion
to dismiss submitted by Mr. Arthur Brown
in support of motion, and by Mr.. A. r.
Browne and Mr.. Alexander Britton in oppo-
sition thereto.
No. 179 st Louis Expanded Metal Fire
proofing Company. plaintiff in error ACT.
Standard Fireproofing Company; motion To