30Fed.Cas.
30Fed.Cas.
THE
FEDERAL CASES
COMPRISING
CASES ARGUED AND DETERMINED
IN THE
CIRCUIT AND DISTRICT COURTS
OF THE
UNITED STATES
FROM THE EARLIEST TIMES TO THE BEGINNING OF THE FEDERAL REPORTER, ARRANGED ALPHABETICALLY BY THE TITLES OF THE CASES, AND NUMBERED CONSECUTIVELY
BOOK 30
Case No. 17,747—Case No. 18,313
APPENDIX
WILLIAM S. HEIN & CO., INC.
BUFFALO, NEW YORK
1995
Library of Congress Catalog Number 95-75068
ISBN 0-89941-924-0
Printed in the United States of America.
The quality of this reprint is equivalent to the quality of the original work
This volume is printed on acid-free paper by
William S. Hein & Co., Inc.
National Reporter System
United States Series
FROM THE EARLIEST TIMES TO THE BEGINNING OF THE FEDERAL REPORTER, ARRANGED ALPHABETICALLY BY THE TITLES OF THE CASES, AND NUMBERED CONSECUTIVELY
BOOK 30
WILLIAMSBURG—ZUSI (Case No. 17,747—Case No. 18,222)
ADDITIONAL CASES
ALLEN—WYLIE (Case No. 18,223—Case No. 18,313)
APPENDIX
CONTAINING ALSO THE LAWS OF OLERON, LAWS OF WISBUY, LAWS OF THE HANSE TOWNS, THE MARINE
ORDINANCES OF LOUIS XIV., TABLES OF CALIFORNIA LAND CLAIMS, ETC, NOTES CONCERNING
THE UNITED STATES CIRCUIT AND DISTRICT COURT REPORTS, AND
BIOGRAPHICAL NOTES OF ALL OF THE FEDERAL JUDGES
ST. PAUL
WEST PUBLISHING CO.
1897
COPYRIGHT, 1897.
BY
WEST PUBLISHING COMPANY.
PREFACE.
This volume, the last of the Federal Cases, concludes the regular series of Reports, and contains besides certain ADDITIONAL CASES, comprising charges to the Federal grand juries, rulings of a general nature concerning costs and fees, and a number of miscellaneous opinions from the appendices of the United States Circuit and District Court Reports, including the opinion of John Sergeant, Esq., of the Philadelphia bar, as arbitrator in the Pea Patch Island case (Case No. 18,311), a controversy between the states of Delaware and New Jersey concerning jurisdiction over the Pea Patch Island in the Delaware river. There are also included several cases received too late for alphabetical classification, territorial decisions from Hempstead, and certain cases from Hayward & Hazleton's Reports necessary to complete the representation of those volumes in the Federal Cases. Although necessarily arranged in a separate alphabetical order, these additional cases are numbered consecutively with those in the main series.
It was a part of the original design of the publishers to include in the Federal Cases all the miscellaneous matter contained in the original Circuit and District Court Reports, as well as all the cases, so that the series might absolutely supersede those Reports by giving all their contents in the most convenient form for reference. Most of this material is given in this volume in the form of an APPENDIX.
The Appendix contains the old Maritime Laws of Oleron, the Laws of Wisbuy, the Laws of the Hanse Towns, and the Marine Ordinances of Louis XIV. so frequently referred to by courts of admiralty, and a table of land claims and other miscellaneous matters from Hoffman's Land Cases; also bibliographical notes concerning the United States Circuit and District Court Reports, reprinting in each case the Prefaces to the respective volumes.
The Appendix also contains all of the resolutions and other proceedings upon the decease or retirement of the Federal judges found in the old Reports, and brief biographical notes of all of the Federal judges appointed prior to January 25, 1894, setting forth in each case the principal facts of the judicial or public life of the judge, and the ivmore important dates, when they could be obtained. In this connection it should be remembered that no authentic record of the Federal judges had been published prior to the publication of the chronological lists contained in the first volume of the Federal Cases. The data upon which these lists and also the biographical notes are based were obtained by an exhaustive examination of all published works accessible in the larger libraries, including general histories, histories of states, of counties, and of smaller communities, biographical and other encyclopedias, and publications devoted exclusively to Genealogy. The information thus secured was duly compiled and submitted in proof form to the judges and also the clerks of the various courts for correction. Special efforts were made in every instance to secure additional information by correspondence, and to verify and correct the information already obtained. An extensive correspondence was carried on for a period of nearly two years with all persons presumed or known to be interested in such matters. In this way many living representatives of judges long since deceased were found, and from them the information was secured for the biographical notes.
This Appendix, together with the miscellaneous matter in the first book of the Federal Cases, contains a great quantity of valuable matter of literary and biographical character, pertinent to this Series, as follows:
IN BOOK ONE:
1. A chronological table showing the constitution of the several circuits.
2. A list of the Federal judges, arranged chronologically by circuits and districts.
3. A list of the Federal judges arranged alphabetically.
4. A table of Reports by circuits and districts.
5. A list of Reports, periodicals, digests, text-books, etc., examined for reports and citations of the Federal Cases.
IN BOOK THIRTY:
6. Laws of Oleron, of Wisbuy, of the Hanse Towns, the Marine Ordinances of Louis XIV., a table of land claims, etc.
7. Bibliographical, biographical, and miscellaneous matter reprinted from the Circuit and District Court Reports.
8. Biographical notes of all the Federal judges appointed prior to January 25, 1894.
With the publication of the Index Digest of the Federal Cases, now in preparation, we shall have completed the undertaking begun many vyears ago, of making available for the use of the bench and bar of the country the great mass of decisions written by the able jurists who have since the foundation of our government given the Circuit and District Courts of the United States such high rank among the judicial tribunals of the world. How great has been the labor involved can be only partially shown by the results. But the comments of subscribers have given gratifying evidence that the work has been amply appreciated; and the editors and publishers are satisfied with the numerous assurances that they have performed a useful office in rescuing from partial oblivion, and putting into general use, a great number of valuable authorities which can now be cited and quoted to advantage by general practitioners as well as lawyers specially concerned with questions of law and practice arising in the United States Courts.
WEST PUBLISHING COMPANY.
April 22, 1897.
viTABLE OF CONTENTS.
Continuation of the regular series of cases | 1-949 |
Additional cases: | |
Case No. | Page |
18,223 Allen v. Allen (Hempst. 58) | 951 |
18,224 Anonymous (Hempst. 215) | 951 |
18,225 Archer v. Morehouse (Hempst 184) | 952 |
18,226 Armstrong v. Johnson (2 Hayw. & H. 13) | 953 |
18,227 Ashley v. Maddox (Hempst. 217) | 955 |
18,228 Baldwin v. Wylie (2 Hayw. & H. 126) | 956 |
18,229 Bargie v. United States (2 Hayw. & H. 357) | 958 |
18,230 Barney v. De Kraft (2 Hayw. & H. 404) | 961 |
18,231 Bell v. Lewis (2 Hayw. & H. 136) | 961 |
18,232 Bentley v. Joslin (Hempst. 218) | 963 |
18,233 Bentley v. Sevier (Hempst. 249) | 963 |
18,234 Benton's Will, In re (2 Hayw. & H. 315) | 964 |
18,235 Bibbs v. Davis (2 Hayw. & H. 364) | 964 |
18,236 Biddle, In re (2 Hayw. & H. 198) | 965 |
18,237 Billingsley v. Bell (Hempst. 24) | 965 |
18,238 Blagden v. Broadrup (2 Hayw. & H. 278) | 966 |
18,239 Blakeley v. Biscoe (Hempst. 114) | 966 |
18,240 Blakely v. Fish (Hempst. 11) | 967 |
18,241 Blakely v. Ruddell (Hempst. 18) | 967 |
18,242 Bloomer v. McQuewan (MS.) | 968 |
18,243 Bouker v. The Delaware (MS.) | 969 |
18,244 Bouker v. The Delaware (MS.) | 970 |
18,245 Caldwell v. Winder (2 Hayw. & H. 24) | 972 |
18,246 Charge to Grand Jury (5 Blatchf. 558) | 976 |
18,247 Charge to Grand Jury (6 Blatchf. 555) | 978 |
18,248 Charge to Grand Jury (Chase, 263) | 980 |
18,249 Charge to Grand Jury (1 Curt. 509; 2 Liv. Law Mag. 427) | 981 |
18,250 Charge to Grand Jury (2 Curt. 637) | 983 |
18,251 Charge to Grand Jury (1 Deady, 657) | 986 |
18,252 Charge to Grand Jury (2 Hughes, 518) | 987 |
18,253 Charge to Grand Jury (1 Newb. 323) | 990 |
18,254 Charge to Grand Jury (2 Sawy. 663) | 991 |
18,255 Charge to Grand Jury (2 Sawy. 667) | 992 |
18,256 Charge to Grand Jury (2 Spr. 279) | 997 |
18,257 Charge to Grand Jury (Taney, 615) | 998 |
18,258 Charge to Grand Jury (1 Hughes, 541) | 999 |
18,259 Charge to Grand Jury (3 Hughes, 576) | 1002 |
18,260 Charge to Grand Jury (21 Int. Eev. Bee. 173) | 1005 |
18,261 Charge to Grand Jury (1 Blatchf. 635) | 1007 |
18,262 Charge to Grand Jury (2 Blatchf. 559) | 1013 |
18,263 Charge to Grand Jury (1 Spr. 593) | 1015 |
18,264 Charge to Grand Jury (5 Blatchf. 556) | 1017 |
18,265 Charge to Grand Jury (2 McLean, 1) | 1018 |
18,266 Charge to Grand Jury (5 McLean, 249) | 1020 |
18,267 Charge to Grand Jury (5 McLean, 306) | 1021 |
18,268 Charge to Grand Jury (4 Wkly. Law Gaz. 214) | 1023 |
18,269 Charge to Grand Jury (2 Curt. 630) | 1024 |
18,269a Charge to Grand Jury (3 Phila. 527) | 1026 |
18,270 Charge to Grand Jury (4 Blatchf. 518; 23 Law Bep. 597) | 1032 |
18,271 Charge to Grand Jury (5 Blatchf. 549) | 1034 vii |
18,272 Charge to Grand Jury (1 Bond, 609) | 1036 |
18,273 Charge to Grand Jury (1 Spr. 602; 23 Law Rep. 705) | 1039 |
18,274 Charge to Grand Jury (2 Spr. 292 | 1042 |
18,275 Charge to Grand Jury (1 Story, 614) | 1046 |
18,276 Charge to Grand Jury (2 Wall. Jr. 134; 4Am. Law J. [N. S.] 83; 5 Pa. Law J. R. 55; 9 West. Law J. 163) | 1047 |
18,277 Charge to Grand Jury (2 Spr. 285) | 1049 |
18,278 City of Washington, The (MS.) | 1051 |
18,279 Clarke v. Clarke (2 Hayw. & H. 114) | 1051 |
18,280 Clarke v. Clarke (MS.) | 1053 |
18,281 Corporation of Georgetown v. United States (2 Hayw. & H. 302) | 1053 |
18,282 Costs and Fees (1. N. B. R. 24; Bankr. Reg. Supp. 6; Int. Rev. Rec. 53) | 1057 |
18,283 Costs, Fees, and Compensation in Prize Cases (Blatchf. Pr. Cas. 206) | 1058 |
18,284 Costs in Civil Cases (1 Blatchf. 652) | 1058 |
18,285 Cromption v. Belknap Mills (3 Fish. Pat. Cas. 536) | 1060 |
18,286 Cross v. Untied States (2 Hayw. & H. 290) | 1067 |
18,287 Darrell v. Brooke (2 Hayw. & H. 329) | 1068 |
18,288 De Kraft v. Barney (2 Hayw. & H. 405) | 1069 |
18,289 Dermott v. Fowler (2 Hayw. & H. 124) | 1073 |
18,290 District Attorney & Fees (1 Blatchf. 647) | 1074 |
18,291 Dixon v. Walker (2 Hayw. & H. 316) | 1076 |
18,292 Dove v. Blair (2 Hayw. & H. 200) | 1077 |
18,293 Easby v. Easby (2 Hayw. & H. 207) | 1078 |
18,294 Ellsworth v. Gunton (2 Hayw. & H. 21) | 1078 |
18,295 Fees for Registering (10 N. B. R. 141) | 1079 |
18,296 Fields v. Crawford (2 Hayw. & H. 256) | 1080 |
18,297 Goodrich v. Dobson (43 Conn. 576) | 1081 |
18,298 Gormley v. Smith (2 Hayw. & H. 202) | 1085 |
18,299 Greenhough v. Keyworth (2 Hayw. & H. 9) | 1086 |
18,300 Hancock v. Wilmington & R. R. Co. (MS.) | 1087 |
18,301 Hickerson v. United States (2 Hayw. & H. 228) | 1087 |
18,302 Hines v. Gordon (2 Hayw. & H. 222) | 1088 |
18,303 Johnston v. Clarke (2 Hayw. & H. 258) | 1090 |
18,304 Judson v. Corcoran (2 Hayw. & H. 146) | 1098 |
18,305 Keenan v. United States (2 Hayw. & H. 341) | 1099 |
18,306 Kelby' Will, In re (2 Hayw. & H. 149) | 1099 |
18,307 Lange, Case of (13 Blatchf. [1877] 546) | 1100 |
18,308 Lindsley, In re (2 Hayw. & H. 430) | 1109 |
18,309 Manier v. Trumbo (Monroe, C. C. [Ky. Dist] 67) | 1111 |
18,310 National Bank of Commerce v. National Bank of Missouri (The Public [N. Y.] Oct. 10, 1878, p. 229) | 1121 |
18,311 Pea Path Island, Case of (1 Wall. Jr. Append. ix) | 1123 |
18,312 United States v. Blodgett (35 Ga. 336) | 1157 |
18,313 United States v. Mackenzie (1 N. Y. Leg. Obs. 371) | 1160 |
Appendix: | |
Laws of Oleron | 1171 |
Laws of Wisbuy | 1189 |
Laws of the Hanse Towns | 1197 |
Marine Ordinances of Louis XIV: | |
Introduction | 1203 |
Mariners and Ships | 1203 |
Maritime Contracts | 1207 |
Table of Land Claims | 1217 |
Governors of Califorina | 1259 |
Notes Concerning the United States Circuit and District Court Reports | 1261 |
Resolutions and Other Proceedings upon the decease or retirement of the following judges: | |
Betts, Samuel Rossiter | 1285 |
Boyle, John | 1286 |
Campbell, John Wilson | 1286 |
Chase, Salmon Portland | 1287 |
Cranch, Willam | 1291 |
Curtir, Benjamin Robbins | 1292 viii |
Davis, David | 1300 |
Davis, John. | 1302 |
Dillon, John Forrest | 1304 |
Holman, Jesse Lynch | 1313 |
Hopkins, James Campbell | 1314 |
Ingersoll, Charles Anthony | 1315 |
Johnson, Alexander Smith | 1315 |
Johnson, Benjamin | 1319 |
Leavitt, Humphrey Howe | 1319 |
McLean, John | 1321 |
McNairy, John | 1323 |
Marshall, John | 1323 |
Nelson, Samuel | 1326 |
Pitman, John | 1332 |
Pope, Nathaniel | 1334 |
Sprague, Peleg | 1334 |
Story, Joseph | 1335 |
Taney, Roger Brooke | 1341 |
Thompson, Smith | 1348 |
Thruston, Buckner | 1348 |
Trigg, Connally F | 1348 |
Ware, Ashur | 1349 |
Woodruff, Lewis B | 1356 |
Biographical Notes of all of the Federal Judges. | 1361 |
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