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De Krafft vs. Barney U.S. 704 (1863)

handle is hein.slavery/ussccases0411 and id is 1 raw text is: SUPREME COURT. De Hraft vs. Barney. June, 1858, and the patent issued to S. T. Bacon, the defendant, instead of to John North, the inventor, on the 10th of August following, and this without any provious notice to him. How this happened in the Commissioner's office has not been ex- plained. It was a very grave irregularity. The specification on file was in the name of North, the application in his name; and the patent fee paid by him. We have seen the defendant. to whom it was issued, had no right to it, legal or equitable. The officer must have been imposed upon by the use of the old machine of 1856. which we have seen was but an unsuccessful experiment, and abandoned. The plaintiffs, as assignees of North, have mada out a clear right to the patent, and the decree of the Court below must be reversed and the cause remitted, with instructions to enter a decree for the plaintiffs, directing the defendant to surrender the patent to be cancelled. DE IKRAFFT vs. BA1tNEy. 1. In order to give this Court jurisdiction under the 22d section of the Judiciary Act of 1789, the matter in dispute must be money, or some right, the value of which can be calculated in money. 2. A claim to the guardianship of the person and property of chil- dren, not on account of any pecuniary value attached to the office, but upon other considerations, is not within the juris- diction of this Court. 8. B'arry vs. Mercein, (5 How. 103,),re-stated and re-affirmed. Appeal from the Circuit Court of the United States for the District of Columbia. The appellant, De Kraffi, by two petitions filed in the Orphans' Court of the District of Columbia, on the 2d of October, 1860, and the 7th of September, 1861, alleged that by reason of a decree of divorce rendered by the District Court of Jasper County, Iowa, on the 18th .day of September, 1860, divorcing from the appellee his wife, Mary De Kraffi Barney, since de-

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