Hubbard v. Soby

Decision Date31 October 1892
Docket NumberNo. 1,094,1,094
Citation13 S.Ct. 13,36 L.Ed. 886,146 U.S. 56
PartiesHUBBARD, Collector of Customs. v. SOBY
CourtU.S. Supreme Court

Edwin B. Smith and Lewis E. Stanton, for the motion.

Asst. Atty. Gen. Maury, opposed.

[Argument of Counsel from pages 57-59 intentionally omitted] Mr. Chief Justice FULLER delivered the opinion of the court.

This was a suit brought October 9, 1890, in the circuit court of the United States for the district of Connecticut, to recover an alleged excess of duties upon imports exacted by plaintiff in error in his capacity of collector of customs of the port of Hartford prior to the going into effect of the act of congress of June 10, 1890, entitled 'An act to simplify the laws in relation to the collection of the revenues.' 26 St. p. 131. Judgment was given for defendant in error, February 27, 1892, (49 Fed. Rep. 234,) and on June 11, 1892, the pending writ of error was sued out. The motion to dismiss the writ must be sustained upon the authority of Lau Ow Bew v. U. S., 144 U. S. 47, 12 Sup. Ct. Rep. 517; McLish v. Roff, 141 U. S. 661, 12 Sup. Ct. Rep. 118.

Writ of error dismissed.

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8 cases
  • American Construction Co v. Jacksonville Ry Co Same v. Pennsylvania Co For Insurance On Lives and Granting Annuities
    • United States
    • U.S. Supreme Court
    • March 27, 1893
    ...does not include provisions of earlier statutes. Lau Ow Bew v. United States, 144 U. S. 47, 57, 12 Sup. Ct. Rep. 517; Hubbard v. Soby, 146 U. S. 56, 13 Sup. Ct. Rep. 13. In the same spirit the authority conferred on this court by the very provision on which the petitioners mainly rely, by w......
  • The Paquete Habana the Lola
    • United States
    • U.S. Supreme Court
    • January 8, 1900
    ...of earlier statutes. Lau Ow Bew v. United States, 144 U. S. 47, 57, 36 L. ed. 340, 343, 12 Sup. Ct. Rep. 517; Hubbard v. Soby, 146 U. S. 56, 36 L. ed. 886, 13 Sup. Ct. Rep. 13; American Constr. Co. v. Jacksonville, T. & K. W. R. Co. 148 U. S. 372, 383, 37 L. ed. 486, 491, 13 Sup. Ct. Rep. T......
  • Western Union Telegraph Co. v. White
    • United States
    • Texas Court of Appeals
    • December 6, 1913
    ...745]; American Construction Co. v. Jacksonville, etc., R. R. Co., 148 U. S. 372 [13 Sup. Ct. 158, 37 L. Ed. 486]; Hubbard v. Soby, 146 U. S. 56 [13 Sup. Ct. 13, 36 L. Ed. 886]." Section 5 of the Judiciary Act, designates the cases which may be taken from the federal, district, and circuit c......
  • Homer Fritch v. United States
    • United States
    • U.S. Supreme Court
    • January 20, 1919
    ...144 U. S. 47, 12 Sup. Ct. 517, 36 L. Ed. 340; Bank v. Peters, 144 U. S. 570, 12 Sup. Ct. 767, 36 L. Ed. 545; Hubbard v. Soby, 146 U. S. 56, 13 Sup. Ct. 13, 36 L. Ed. 886. Subsequent to such decisions there was pending in this court a case brought by the plaintiff below by direct appellate p......
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