Hills v. Ross

Last updated
Hills et al. v. Ross
Seal of the United States Supreme Court.svg
Full case nameHills et al. v. Ross
Citations3 U.S. 184 ( more )
3 Dall. 184
Holding
one partner's plea may be a legally appearance for all partners, and prize agents may be liable to the owners of captured property if restitution is decreed

Hills et al. v. Ross, 3 U.S. (3 Dall.) 184 (1796), is an early United States Supreme Court case determining that the Supreme Court held:

Contents

A plea in the admiralty by one partner, in behalf of himself and his copartners, the rejoinder being signed by a proctor for all the defendants, amounts to a legal appearance of all the defendants.

Prize agents, who receive the proceeds of sales of prizes, and pay them over to the proctors without an order of the court, are responsible to the owners of the captured property for the net amounts so received by them, in case restitution is decreed. [1]

See also

Related Research Articles

Chisholm v. Georgia, 2 U.S. 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by Marbury v. Madison (1803), there was little available legal precedent. The Court in a 4–1 decision ruled in favor of Alexander Chisholm, executor of an estate of a citizen of South Carolina, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state wherein the state is the defendant.

Hylton v. United States, 3 U.S. 171 (1796), is an early United States Supreme Court case in which the Court held that a yearly tax on carriages did not violate the Article I, Section 2, Clause 3 and Article I, Section 9, Clause 4 requirements for the apportioning of direct taxes. The Court concluded that the carriage tax was not a direct tax, which would require apportionment among the states. The Court noted that a tax on land was an example of a direct tax that was contemplated by the Constitution.

<i>New York v. Connecticut</i> 1799 United States Supreme Court case

New York v. Connecticut, 4 U.S. 1 (1799), was a lawsuit heard by the Supreme Court of the United States between the State of New York against the State of Connecticut in 1799 that arose from a land dispute between private parties. The case was the first case in which the Supreme Court exercised its original jurisdiction under Article III of the United States Constitution to hear controversies between two states.

Schneider v. State of New Jersey, 308 U.S. 147 (1939), was a United States Supreme Court decision that combined four similar appeals, each of which presented the question whether regulations embodied in municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution.

<i>United States Reports</i>, volume 1

This is a list of cases reported in volume 1 of United States Reports, decided by various Pennsylvania courts from 1754 to 1789.

<span class="mw-page-title-main">United States Reports, volume 2</span>

This is a list of cases reported in volume 2 U.S. of United States Reports, decided by the Supreme Court of the United States from 1791 to 1793. Case reports from other federal and state tribunals also appear in 2 U.S..

<span class="mw-page-title-main">United States Reports, volume 3</span>

This is a list of cases reported in volume 3 U.S. of United States Reports, decided by the Supreme Court of the United States from 1794 to 1799. Case reports from other tribunals also appear in 3 U.S..

<span class="mw-page-title-main">United States Reports, volume 4</span>

This is a list of cases reported in volume 4 U.S. of United States Reports, decided by the Supreme Court of the United States in 1799 and 1800. Case reports from other tribunals also appear in 4 U.S..

The King v. Haas, 1 U.S. 9 is a decision of the Supreme Court of Pennsylvania issued when Pennsylvania was still a British colony. It is among the first decisions that appear in the first volume of United States Reports, and is among the earliest appellate court reports in North America. It is also one of the first reported appellate cases to apply the writ of habeas corpus, then an established principle of English law, in the English colonies that later became the first thirteen states of the United States of America.

The King v. Rapp, 1 U.S. 9 is a decision of the Supreme Court of Pennsylvania issued when Pennsylvania was still a British colony. It is among the first decisions that appear in the first volume of United States Reports, and is among the earliest reported appellate court decisions in North America.

Bingham v. Cabot, 3 U.S. 19 (1795), was a United States Supreme Court case involving the Cabot family, a wealthy Yankee shipping family from New England. In the case the court held in a mixed seriatim opinion:

On the return of the record the following errors were assigned, the defendant in error pleaded in nullo est erratum, and issue was thereupon joined:

  1. That judgment had been given for the plaintiff, instead of the defendant below, on the 3rd Count.
  2. That the circuit court, proceeding as a court of common law, in an action on the case, for money had and received, etc., had no jurisdiction of the cause; the question, as it appears on the record, being a question of prize, or no prize, or wholly dependent thereon, and, as such, it was, exclusively of admiralty jurisdiction.
  3. That the evidence referred to in the bill of exceptions ought not to have been rejected on the trial of the cause.

The judges, after some advisement, delivered their opinions seriatim.

Winters v. United States, 207 U.S. 564 (1908), was a United States Supreme Court case clarifying water rights of American Indian reservations. This doctrine was meant to clearly define the water rights of indigenous people in cases where the rights were not clear. The case was first argued on October 24, 1907, and a decision was reached January 6, 1908. This case set the standards for the United States government to acknowledge the vitality of indigenous water rights, and how rights to the water relate to the continuing survival and self-sufficiency of indigenous people.

Ware v. Hylton, 3 U.S. 199 (1796), also known as the British Debt Case, was a decision of the United States Supreme Court holding that treaties take precedence over state law under the U.S. Constitution. It was the first Supreme Court case concerned with treaties, the first to rule that treaty provisions were as binding as domestic U.S. law, and the first to affirm the supremacy of federal law over state law. Ware is also notable for articulating the legal doctrine that would later be known as judicial review, whereby federal courts have the authority to settle conflicts of law.

United States v. Hamilton, 3 U.S. 17 (1795), was a United States Supreme Court case in which a defendant committed on a charge of treason was released on bail, despite having been imprisoned upon a warrant of committal by a district court judge. The Judiciary Act of 1789 stated that "upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law." Ordinarily, habeas corpus was used to release prisoners held by the judgment of the executive, but not for those whose commitment had been authorized by a court order. Hamilton's attorney argued that the district court judge did not hold a hearing before issuing a warrant for his commitment to jail and that the affidavits alleging treasonous activity were weak, while the government urged that the Judiciary Act did not give the Supreme Court the jurisdiction to review the district court's decision unless there was new information or misconduct. The Supreme Court set bail, but without addressing either attorney's arguments.

United States v. La Vengeance, 3 U.S. 297 (1796), was a 1796 decision of the United States Supreme Court which found that a proceeding by the United States to forfeit a vessel is a cause of admiralty and maritime jurisdiction. Specifically, "[a]n injunction to enforce the forfeiture of a vessel, for an illegal exportation of arms and ammunition, is a civil cause of admiralty and maritime jurisdiction. The courts will take judicial notice of a geographical fact."

Hills et al. v. Ross II, 3 U.S. 331 (1796), is an early United States Supreme Court case.

Turner v. Enrille, 4 U.S. 7 (1799), was a 1799 decision of the United States Supreme Court. The Supreme Court "affirmed the decision in Bingham v. Cabot, et al. and reversed the judgment because the record did not show the alienage of the plaintiff below, nor the citizenship of the defendants."

United States v. Dinitz, 424 U.S. 600 (1976), was a case in which the Supreme Court of the United States determined that the U.S. Const., Amend. V protection against double jeopardy did not prevent a retrial of a defendant, who had previously requested a mistrial.

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."

United States v. Barker, 15 U.S. 395 (1817), was a case decided by the United States Supreme Court upholding the common law tradition that private citizens may not demand costs from the federal government. The case involved a motion for costs filed against the United States Government and resolved the previously unanswered question of whether courts could award costs against the United States federal government. The Court's opinion read, in its entirety, "The United States never pays costs." Jurists have remarked that Chief Justice John Marshall's six-word opinion is one of the shortest Supreme Court cases ever written.

References

  1. Reports of decisions in the Supreme Court of the United States: with notes, and a digest, Volume 1, (Little, Brown, and Co., 1870) pg. 241