SPALDING
v.
CASTRO

U.S. | 1894-04-16
No. 297
153 U.S. 38 Supreme Court of the United States (1894) Positive Treatment
Also reported at: 38 L. Ed. 626 · 14 S. Ct. 768 · SCDB 1893-211 · 1894 U.S. LEXIS 2161
Cited by 4 cases
Opinion of the Court
Mr. Justice White

Mr. Justice White delivered th,e opinion of the court.

This case is covered by that of the same person against Seeberger, collector, just decided. The tobacco was like that imported in the former case, and was likewise assessed. There was due protest by the importer, seasonable appeal to the Secretary of the Treasury, and, on his adverse ruling, a timely suit. The case wak tried by a jury. The court instructed the jury that if they believed from the evidence that the tobacco in question required to have labor expended upon it in order to fit it for consumption, then it was unmanufactured, tobacco, as claimed by the plaintiff, etc. Excepting to this ruling, the case was brought here. Whatever may have been the correctness of the instruction as a general proposition, it was correct when applied to the case in hand. Evanston v. Gunn, 99 U. S. 660. The judgment is

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kennedy Lumber Co. v. Rickborn, 40 F.2d 228 (4th Cir. 1930)
    …ity Cotton Mills (U. S. C. C. A. N. C.) 178 F. 784. It seems that the Code of South Carolina is worded like the Code of New York with respect to pleadings, and the Supreme Court of the United States, in Wilson v. Haley Live-Stock Co., 153 U. S. 39, 14 S. Ct. 768, 38 L. Ed. 627, in passing on an appeal from that state held that where a cause of action is not proven, not merely in some particular, but in its entire scope and meaning, the courts treat it, not as a case of variance, but as an entire failure of…
  • United States v. Salmon, 42 F.2d 353 (5th Cir. 1930)
    …d new evidence. The motion was not renewed at the close of all the evidence. The exception taken was waived, and we are not at liberty to examine the evidence to determine the correctness of the verdict. Wilson v. Haley Live-Stock Co., 153 U. S. 39, 14 S. Ct. 768, 38 L. Ed. 627. [*354] The District Court was in some doubt as to the proper procedure, and; after entering judgment, he made findings of fact and stated his conclusions of law, out of an abundance of caution. Error is assigned to this action of the…

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