UNITED STATES
v.
GRIFFITH

U.S. | 1890-12-08
No. 114
141 U.S. 212 Supreme Court of the United States (1890) Caution
Also reported at: 35 L. Ed. 719 · 11 S. Ct. 1005 · 1890 U.S. LEXIS 2128 · SCDB 1890-068
Cited by 11 cases

Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

The motion by appellant for leave to dismiss its appeal in this cause is accompanied by certain correspondence which is referred to as stating the grounds on which the motion is made. We cannot be called upon to examine into these papers for the purpose' of arriving at a conclusion as to whether the dismissal is justifiable or not, and must decline to permit them to be filed and to thereby leave it to be inferred hereafter that we may have acted upon them. Appellant undoubtedly has the right to dismiss its appeal with the leave of the court, and may renew .its motion to that effect unaccompanied by other matter, and the order of dismissal will be entered.

Mr. Assistant Attorney General Mav/ry thereupon withdrew the papers, and renewed the motion without' them, and the appeal was ordered to be

Dismissed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …g the life of the owner.” The Appellate Courts of Illinois have specifically held that a spendthrift clause may protect the corpus of a trust as well as the income. Von Kesler v. Scully, 267 Ill.App. 495. The case of Potter v. Couch, 141 U.S. 296, 11 S.Ct. 1005, 35 L.Ed. 721, upon which plaintiff relies, has no bearing on the present situation because it was de [*613] cided in ,1891, before spendthrift clauses had been accepted as a valid restraint on the alienation of an equitable interest in the corpus o…
    1 / 2
  • de Korwin v. First Nat'l Bank OF Chicago, 275 F.2d 755 (7th Cir. 1960)
    …’ in paragraph 8 does not, we think, indicate an intention to include principal as well as income. The testator consistently distinguished between the ‘payment’ of income and the ‘distribution’ of principal.” In Potter v. Couch, 1891, 141 U.S. 296, 11 S.Ct. 1005, 35 L.Ed. 721, the Supreme Court held that forfeiture restraint on the alienation of an equitable fee in Illinois lands was void. This Court, in Danning v. Lederer, 232 F. 2d 610, 612, 613, pointed out that the Potter case had no bearing on the poin…
  • Moore v. Panama ICE & Fish Co., 81 F.2d 837 (5th Cir. 1936)
    …, the title of the trustee became extinct, and in equity the trust estate became vested in those beneficially entitled to it. Webster v. Cooper, 14 How. 488, 14 L.Ed. 510; Croxall v. Shererd, 5 Wall. 268, 18 L.Ed. 572; Potter v. Couch, 141 U.S. 296, 11 S.Ct. 1005, 35 L.Ed. 721; Reimer v. Smith, 105 Fla. 671, 142 So. 603. The sale of the corporate shares in question by the beneficial owners of them was not rendered invalid or ineffectual by reason of the issue to the purchaser of a new certificate for them w…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw