0a

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

0b

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

image

This volume is printed on acid-free paper by
William S. Hein & Co., Inc.

0c

National Reporter System

United States Series

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
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

0d

COPYRIGHT, 1897.
BY
WEST PUBLISHING COMPANY.

iii

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.

vi

TABLE 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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