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such case other companies in the route are its gage by a sale of the land, this required the pres
ence of the party holding the legal title, and
827 where the cause was not removable as to him, it
11. An objection as to the removal of a case from
827 the State Court, made in the circuit court, after the
French v. Hay,
Court in accordance with the statute, and that all
840 the original files in the cause were destroyed by
R. R. Co. v. Ramsey,
SEE EVIDENCE, 30.
1. In an action on a bond given by defendant in
a replevin action, conditioned to return the prop-
hy plaintiff, the scizure by the marshal on a writ of
de retorno habendo, and tender of the property to
plaintiff, satisfied the bond and the judgment.
Douglas8 v. Douglass,
2. If the defendant injured the property or cul-
pably suffered it to become injured, while it was in
his possession, a remedy cannot be had in a suit on
3. If a writ de retorno habendo had issued, it
he would receive it.
4. Where logs cut from the lands of the State
without license, have been intermingled with the
logs cut from other lands, so as not to be distin-
guishable, the State is entitled, under the law of
Minnesota, to replevy an equal amount from tho
Schulenberg v. Harriman,
5. In a suit on a replevin bond, the defendants
cannot avail themselves of the failure of the court
even if that were an error.
1. One will be bound by a decree of the state
court if he was a party to the proceedings.
Williams v. Bankhead,
2. A judgment is conclusive upon a corporation,
and upon its receivers, when they were parties and
contested the claim, and, subsequently, the at.or-
Habich v. Folger,
3. Where a point has been decided in a state
cannot be litigated anew on the same contract in &
Tioga R. R. Co. 1. B. & C. R. R. CO. 331
case is as conclusive as the decree of any other
court of general jurisdiction, and cannot be im-
or by some direct proceeding in some other court of
Michaels v. Post,
5. Whenever a judgment or decree is procured
through fraud, or by collusion of the parties, for
the purpose of defrauding some third person, such
third person may, show, even in a collateral pro-
ment was obtained.
1. On the mineral public lands, in the Pacific
470 States and Territories, the doctrines of the common
Atchison v. Peterson,
Basey v. Gallagher,
520 2. What diminution will constitute an evasion of
on the question whether bis use and enjoyment of States where the case arises, but must hear and
Pine Grove v. Talcott,
4. Where the Legislature affirmed the validity of
452 bonds, by an implication equivalent in effect to an
a foreign corporation cannot avail itself of the Stat-
452 ute of Limitations of that State, its decision upon
Tioga R. R. Co. v. B. & C. R. R. CO., 331
6. A statute which authorizes towns to contract
452 debts or other obligations payable in money, im-
plies the duty to levy taxes to pay them.
Savings and L. A 880. v. T'opeka,
7. If there is no power in the Legislature which
passes such a statute, to authorize the levy of taxes
to pay the obligations, the statute is void, and so
are the bonds or other forms of contract based on
8. A statute which authorizes a town to issue
its bonds in aid of the manufacturing enterprise of
9. The States can create liens for building or fur-
ing to a regulation of commerce, and may enact
279 reasonable rules and regulations prescribing the
mode of their enforcement.
Edwards v. Elliott,
10. Where the constitutionality of a state Act au-
thorizing the issue of bonds, by a municipality, bas
been affirmed by the Supreme Court of the State,
such decision is binding upon this court.
Chambers Co. v. Clews,
11. The Pennsylvania Act of May, 1868, does not
879 impair any obligation of the State not to impose a
tax upon the Erie Railway Company, created by
the several Acts in relation to that Company.
Erie Ry. Co. v. Pa.,
12. An Act, general in its language as to a sub-
bidden in the State Constitution.
Ritchie v. Franklin Co.,
264 deas obtained within sixty days after the rendition
Telegraph Co. v. Eyser,
Commissioners v. Gorman,
2. The writ of error may be served at any time
3. Where a judgment has been stayed by super-
563 sedeas before it has been enforced by execution, no
new supersedeas is necessary.
does not interfere with what has already been done.
5. Where the bond was fled too late to prevent
the removal of defendant from his office in pur.
CONSTITUTIONAL LAW, 4, 5, 7, 14, 21, 22. cannot order him to be restored.
TAXES AND TAX SALES.
SEE BANKRUPTCY, 24.
CONSTITUTIONAL LAW, 1, 8-10.
STATE LAWS AND DECISIONS, 7.
for neglect to collect the tax to pay a judgment
215 | against it, is a writ of mandamus commanding the
72 21. Where the State has power to impose a tax,
23. The term "capital,” employed by a banker in
moneys borrowed by him from time to time tem-
80 porarily, in the ordinary course of his business, and
Bailey 1. Clark,
constitute an exemption of those lands from state
Union & P. R. R. Co. v. McShane, 717
have not been paid, and for which the United
189 States has not issued a patent to the company, are
such judgment was rendered.
divided to each was a dividend, and liable to a
189 tax, under the Act of 1864, as amended in 1866.
Cary v. Savings Union.
29. Where the United States granted lands to a
223 State to aid in the construction of railroads and
while the title remained in the United States, nor
223 while it held them as the trustee of the United
a railroad company, and the company had per-
ence to the railroad itself, does not im ose a tax
287 upon the lands owned by the company not used nor
342 33. The taxing power may be restrained by con-
scrutinized, and never permitted to extend, either
348 in scope or duration, beyond what the terms of
its stockholders declaring that such stockholders
348 are entitled to 80 per cent. of the capital stock
Act levying a tax on dividends, and liable to sucb
455 | tax.
Bailey v. R. R. Co.,
such road was liable to county and municipal taxa-
Bailey v. Maguire,
power of taxation, will not be imputed to it un- tally tainted with usury, and the prior one were less the language employed leaves no other alterna- free from it but given up and canceled, and the lat tive.
ter one thereafter be adjudged void, the prior one Idem,
850 will be revived, and may be enforced as if the latTERRITORIES.
ter one had not been given.
766 SEE JURISDICTION, 8.
4. A vendor's lien may be revived under the same LANDS, 23, 24.
circumstances. In the same suit, wherein there is WAR, 1.
a failure to recover upon the void security by reaTREASURY NOTES.
son of the usury, the valid one, on account of which
it was given, may be enforced. SEE BILLS AND NOTES, 4-7, 14.
VENDOR AND VENDEE.
420 1. On sale of real estate by contract, the title
remains in the vendor, and the possession passes to TRIALS.
the vendee, and an equitable interest vests in the SEE APPEAL AND ERROR, 2.
vendee to the extent of the payments made by him. Jennison 1'. Leonard,
539 TRUSTS AND TRUSTEES.
2. When the contract price is fully paid, the en
tire title is equitably vested in the vendee, and he SEE JURISDICTION, 5.
may compel a conveyance of the legal title by the 1. Where a person executed a deed of lands to a
vendor, his heirs or assigns. The vendor is a trustee in trust for the payment of the grantor's
trustee of the legal title for the vendee to the exnote, to a bank, and by instrument under seal gave tent of his payment. his direction to the trustee to sell, and to pay the
539 proceeds to the bank, no interest in these lands or
2. Whatever puts an end to the equitable interest in the proceeds of their sale passed by his will or of the vendee-as notice, an agreement of the parby inheritance to his devisees or heirs.
ties, a surrender, an abandonment-places the Zant:inger v. Gunton,
vendor where he was before the contract was made. 2. It is no objection to such an arrangement that
539 the bank could not purchase or hold real estate, as 4. It does not alter the effect of a surrender or by it the legal title did not pass to the bank, its abandonment that the contract contains no clause only interest being a right to the proceeds.
of re-entry, or that the vendor has sought to enIdem,
force payment of the amounts which became due 3. Where one signed and sealed a deed to a trustee
to him before the surrender and abandonment. in trust for his wife, and acknowledged it and
539 put it on record, and kept the deed in his possession and declared openly and repeatedly to his wife, VOTERS. and to her brothers and sisters, that it was a completed provision for her, and that she was perfect- SEE CONSTITUTIONAL LAW, 15-19. ly protected by it, as matter of law the deed was sufficiently delivered and it is the duty of the WAR. court to establish the trust. Adams V. Adams,
504 SEE COURTS, 2. 4. The title vested in the trustee, subject to a
PRACTICE, 16. disclaimer on his part. Sụch disclaimer will not,
PRINCIPAL AND AGENT. however, defeat the conveyance as a transfer of 1. Government had the same power and rights in the equitable interest to a third person.
territory held by it by conquest in insurrectionary Idem,
504 States, as if the territory had belonged to a foreign 5. A trust cannot fail for want of a trustee, or country, and had been subjected in a foreign war. by the refusal of all the trustees to accept the
Neo Orleans v. Steamship Co.,
334 trust. The court of chancery will appoint new
2. In such cases the conquering power has a trustees.
right to displace the pre-existing authority, and to Idem,
504 assume the exercise of all the powers and functions 6. Where one conveyed certain lands to trustees of government. for certain purposes, the deed to become void by
35+ its terms if a certain railroad was not completed 3. The appointment, by the commanding general, within one year from its date; in an action of of Mayor and of Boards of Finances and of Street ejectment, by the grantors against persons in pos- | Landings of New Orleans, was valid; and they were session, began more than eight years after said clothed with the powers and duties which pertained year when the deed was to become void, a recon- to their respective positions, and could make a veyance of the premises by the trustees to the valld contract for the use of a portion of the water. grantor will be presumed in equity and at law. front of the city for ten years, although the millFrench 1. Eduards,
534 tary jurisdiction terminated sooner. A subsequent 7. The trustees being bound to reconvey, it is military order could not devest rights under the to be presumed they discharged that duty, rather contract. than that they violated it, and it is not necessary
354 that the presumption should rest upon proof that 4. In war the public property of an enemy, capthe conveyance had been executed. It is made be- tured on land becomes, for the time being at least, cause right and justice require it.
the property of the conqueror.
No judicial proIdem,
534 ceeding is necessary to pass the title. 8. Where there was no understanding or agree
Titus v. United States,
400 ment between the purchaser at a public sale, and 5. This well settled principle in the law of war is the trustee making the sale, and no collusion be applicable to the late civil war. At the close of tween them, and no fraud in fact, and the duties that war the title to all captured property of the of the trustee bave since ended, and the sale has Confederate Government became absolute in the been confirmed by the court, the circumstance United States. that years afterwards the trustee bought the prop
400 erty from the purchaser in good faith and for a 6. The U. S. Government has power to impose a fair price paid to him, does not vitiate and annul condition requiring the payment of four cents per the public sale.
pound for a permit to purchase cotton in, and Stephen v. Beall,
786 transport it from, the insurrectionary States durUSURY.
ing the war.
28 1. Usury, as a defense, must be specially pleaded 7. By the Act of July 13, 1861. the Presideut or set up in the answer to entitle it to considera- was authorized in his discretion to license and pertion.
mit commercial intercourse with any such part of R. R. Co. v. Car. Nat. Bk.,
196 such States, to be carried on only in pursuance of 2. In a State, where there is a statute making rules and regulations prescribed by the Secretary usury penal, but not declaring the contract void, of the Treasury. a usurious bond and mortgage may be enforced for
528 the amount actually due.
8. The "condition of hostility' remained imBurnhisel 1. Firman,
760 pressed upon the territory of the States declared 3. If a security founded upon a prior one be fa- to be in insurrection until it was authoritatively
removed by the Proslamation of the President at
3. A bequest in the form of a direction to pay at
528 a future period, vests in interest immediately if
528 4. A devise of lands to be sold after the termina-
528 of the testator.
Packet Co. v. Clough,
2. The purpose of the Act of Congress, R. S.,
816 sec. 858, making the parties in actions competent
may be taken in behalf of another.
e88e are admissible.
WRIT OF ASSISTANCE.
1. A writ of assistance may be issued, to place
a purchaser of mortgaged premises under a decreo
Terrell v. Allison,
109 2. Such purchaser is not entitled to a writ of as-
9161 - VW