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All Reporters → U.S. (United States Reports) → Volume 259

Opinions in U.S. (United States Reports) Volume 259

delivered the opinion of the court. This'case was begun by a libel in rem filed by A. W. Mylroie, the respondent herein, as owner of the American barge “ Bangor ”, and lawful bailee of its cargo, against the British tug “ Commodore ”, in the District Court of Alaska. The libel, as later amended, charged, in substance, that the Commodore was engaged in towing the Bangor on a voya...
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delivered the opinion of the court. The two Johnstons, father and son, citizens of North Carolina, the former in his own right, and as the aiithor *14 ized next friend of his son, filed their bill of complaint April 15, 1919,' against the Atherton Mills, a corporation of the same State. The bill averred that Johnston, the son, was a minor between the ages of fourteen and sixte...
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delivered the opinion of the court. The decree entered herein by the District Court and appealed from, directly, to this court, under § 238 of the Judicial Code, recited that the complainants operated a manufacturing plant for the production of cotton goods in Gaston County, North Carolina; that the defendant was a Federal Collector of Internal Revenue; that on the ground that complainants had ...
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delivered the opinion of the court. This case presents the question of the constitutional validity of the Child Labor Tax Law. The plaintiff below, the Drexel Furniture Company, is engaged in the manufacture of furniture in the Western District of North Carolina. On September 20, 1921, it received a notice from Bailey, United States Collector of Internal Revenue for the District, that it had be...
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259 U.S. 44 (1922) HILL, JR., ET AL. v. WALLACE, SECRETARY OF AGRICULTURE, ET AL. No. 616. Supreme Court of United States. Argued January 11, 12, 1922. Decided May 15, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. *49 Mr. Henry S. Robbins for appellants. Mr. Solicitor General Beck, with whom Mr. Blackburn Esterline, Special Assistant to the Attor...
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delivered the opinion of the court. This is a claim for $512,515.50, being the price of 20,500,620 pounds of copper at twenty-six cents a pound less payments received at twenty-three and a half cents. The petition was dismissed by the Court of Claims on demurrer. The facts alleged are as follows. The Government had some correspondence with the United Metals Selling Company ending in an ord...
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259 U.S. 80 (1922) GROGAN, COLLECTOR OF INTERNAL REVENUE FOR THE FIRST DISTRICT OF MICHIGAN, ET AL. v. HIRAM WALKER & SONS, LTD. ANCHOR LINE (HENDERSON BROTHERS), LTD. v. ALDRIDGE, COLLECTOR OF CUSTOMS FOR THE PORT OF NEW YORK. Nos. 615, 639. Supreme Court of United States. Argued April 19, 1922. Decided May 15, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRIC...
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delivered the opinion of the court. In their original bill appellants allege: That they hold perpetual franchises over certain streets in Newport, Kentucky, for operating street cars and distributing electric current; that in due course it became necessary for them to obtain an additional current from another company; and that to that ¿nd in 1915, under supervision and direction of the cit...
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delivered the opinion of the court. These are appeals in separate but related causes wherein the Consolidated Gas Company of New York and certain of its subsidiary and affiliated corporations alleged that the maximum selling rate for gas prescribed by c. 125, Laws of New York, 1906, was confiscatory and asked that its enforcement be enjoined. The principal issues between the original ...
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delivered the opinion of the court. Wilson sued the Union Tool Company in the federal court for the Southern District of California, Southern Division, for infringement of a patent for underreamers. He obtained a decree for an injunction and an accounting, 237 Fed. 847, which was affirmed by the United States Circuit Court of Appeals for the Ninth Circuit, 249 Fed. 736; and a petition for ...
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delivered the opinion of the court. To aid in defraying the expenses of the District of Columbia Congress laid a tax of three-tenths of one per cent, on the value of the intangible property of persons resident, or engaged in business, within the District. Act of March 3, 1917, c. 160, § 9, 39 Stat. 1004, 1046. This tax was assessed upon such property held by Heald and others, as committee of Pe...
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delivered the opinion of the court. In 1913 the defendant in error, the Phoenix Refining Company (herein designated the Phoenix Company), a corporation organized under the laws of Oklahoma, erected an oil refinery at Sand Springs, in that State. In the same year the plaintiff in error, the Pierce Oil Corporation (herein designated the Pierce Company), a corporation organized under the laws...
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delivered the opinion of the com l. We have here cross appeals in a suit to have declared invalid a deed to Paul A. Ewert for restricted lands inherited by the widow and adult and minor heirs of Charles Bluejacket, a full-blood Quapaw Indian, and for an accounting for rents and royalties derived from such lands. On October 23, 1908, Ewert was appointed a special assistant-to the Attorney Gene...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court of Appéals, dismissing an appeal from a decree by the District Court which dismissed the petition, in a suit in which it was prayed that appellee, Paul A. Ewert, should be decreed to hold in trust for George Redeagle the title to 100 acres of restricted and very valuable Indian lands, which Redeagle, a...
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259 U.S. 150 (1922) RAINIER BREWING COMPANY v. GREAT NORTHERN PACIFIC STEAMSHIP COMPANY. No. 267. Supreme Court of United States. Argued April 21, 1922. Decided May 15, 1922. ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. *151 Mr. S.J. Wettrick for plaintiff in error. Mr. Charles A. Hart, with whom Mr. Charles H. Carey and Mr. James B. Kerr were on the brief, for defendant in error....
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after stating the case as above, delivered the opinion of the'court. The appeals which brought this case here were taken under the Act of Congress approvéd February 11, 1903, c. 544, 32 Stat. 823, as modified by § 291 of the Judicial Code. Ordinarily the scope of our review of the decree of *166 the District Court would be limited to the assignments of error of the appellants,...
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delivered the opinion of the court O. J. Burton, one of the petitioners, received injuries while working in the general repair shops of the Railway Company upon 'an engine that had been employed in interstate commerce and which was destined to be so-employed again, and the question is whether redress for the injury must be sought through the Workmen’s Compensation Act of California (c. 586...
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delivered the opinion of the court. This is an appeal from a judgment of the Court of Claims dismissing the appellant’s petition upon demurrer. The petition alleges that the claimant had outstanding contracts calling for more than the actual production of its mines for the months of June and following through November, 1918, at a price of $4.50 per gross ton; that the Fuel Administration a...
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delivered the opinion of the court. This case like Morrisdale Coal Co. v. United States, ante, 188, is a claim based upon the action of the Fuel Administration under the Act of August 10, 1917, c. 53, § 25, 40 Stat. 276, 284, fixing prices for coal. The allegations and arguments however are different. The transactions of the claimant from and including September, 1917...
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delivered the opinion of the court. These are two bills in equity brought in respect of different parcels of land but seeking the same kind of relief against the Secretary of the Interior, and raising the same question of law. The facts are simple. Under the land grant to its predecessor, the Atlantic & Pacific Railroad Company, the Santa Fe Pacific Railroad Company was the owner of coal l...
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delivered the opinion of the court. This is a suit for threefold damages brought by the plaintiff in error under the Anti-Trust Acts of July 2, 1890, c. 647, § 7, 26 Stat. 209, 210, and of October 15, 1914, c. 323, § 4, 38 Stat. 730, 731. The defendants are The National League of Professional Base Ball Clubs and The American League of Professional Base Ball Clubs, unincorporated associations, c...
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delivered the opinion of the court. This is a suit to recover upon a policy insuring the life of one Blees, issued to him and subsequently assigned by him to his wife, now Mrs. Liebing, the plaintiff (defendant in error). The contract was made on September 29, 1901, by the defendant (the plaintiff in error), in Missouri, by a delivery of the policy to Blees in Macon, Missouri, where he liv...
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259 U.S. 214 (1922) UNITED STATES v. SOUTHERN PACIFIC COMPANY ET AL. No. 5. Supreme Court of United States. Argued April 18, 19, 20, 1921. Restored for reargument January 9, 1922. Reargued April 11, 12, 13, 1922. Decided May 29, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF UTAH. *217 Mr. Edward F. McClennen, Special Assistant to the Attorney General, and Mr. Solic...
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delivered the opinion, of the. court. Defendant in error, a corporation organized under the laws of Maryland and authorized to act as guardian, was on January 30, 1919, appointed by the Orphans Court guardian of Frank It. Brown, an infant whose father had died intestate about a year before. The son as next of kin became entitled to 35 shares of the stock of the Hartford Fire Insurance Comp...
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delivered the opinion Of the court. The Supreme Court of Washington affirmed a judgment against petitioner Packing Company rendered by the trial court upon a verdict for damages on account of injuries which respondent suffered while employed upon petitioner’s motor boat afloat in navigable Alaskan waters. Respondent claimed that, prior to the departure of the boat upon a trip intended...
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delivered the opinion of the. court. The bill was dismissed upon motion by the trial court for want of equity and the Circuit Court of Appeals affirmed this action. 268 Fed. 348. Appellant — a native of Russia who has declared his intention to become a citizen of the United States^ — claims the right to fish in specified locations in the Columbia River and seeks a mandatory injunction requiri...
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delivered the opinion of the court. Sebastiana Insana, mother of Guiseppe Insana, asked of the New York State Industrial Commission an allowance under the Workmen’s Compensation Law on account of her son’s death, which she claimed resulted from accidental injuries received May 15, 1918, in the course of his employment as a longshoreman by the Nordenholt Cor *270 poration then ...
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delivered the opinion of the court. On January 27, 1919, five persons of the Chinese race, of whom four are petitioners herein, joined in an application for a writ of habeas corpus to the judge of the federal court for the Southern Division of the Northern District *278 of California. A writ issued directed to the Commissioner of Immigration for the Port of San Francisco, who ...
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delivered the opinion of the court. This action was brought by the Merchants Elevator Company in a state court of Minnesota against the Great Northern Railway Company and the Director General to recover $80 alleged to have been exacted in violation of the carrier’s tariff. That sum had been demanded by the carrier, under Rule 10 of its .tariff, as a reconsignment charge, at the rate of $5 ...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the Fidelity and Deposit Company of Maryland to recover the sum of $8,300, being the aggregate of amounts paid as bankers’ special taxes for the years 1898 to 1901, under- § 2 of the Spanish War Revenue Act of June 13, 1898, c. 448, 30 Stat. 448. The company applied on November 22, 1913, for a refund, pursu...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the Fidelity Title & Trust Company of Pittsburgh, in July, 1918, to recover the sum of $10,028.94 assessed upon its whole capital and undivided profits and paid as bankers’ special taxes under § 2 of the Spanish War Revenue Act. That court entered judgment for the defendant; and the case is here on appeal. ...
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delivered the opinion of the court. This is the second appeal by Collins in this case. The first was dismissed in Collins v. Miller, 252 U. S. 364, for want of jurisdiction. There the earlier proceedings and the nature of the controvérsy are fully set forth. After our decision the case was again heard by the District Court, *311 on the same record and the...
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delivered the opinion of the court. These are cross appeals in a suit to restrain the enforcement of an ordinance enacted by the City of Houston, Texas (hereinafter referred to as the City), prescribing rates for telephone service, based upon the claim that the rates are confiscatory. The master to whom the case was referred found that the rates were clearly confiscatory and the Distr...
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delivered the opinion of the court. In the petition in this case a writ of mandamus is prayed for, commanding the Secretary of War to annul an order by him, purporting to have been made by direction and authority of the President, approving the action of a final classificatidn board and retiring the relator, Colonel John W. French, from active service in the Army, under the provisions of §...
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delivered the opinion of the court. This case is in most respects so like No. 724, United States ex rel. French v. Weeks, ante, 326, that the two were argued and submitted together. The relator herein was a Colonel in the Army and was discharged on November 17, 1920, “ by direction of the President ” on order of the Secretary of War, under the provisions of § 24b of the Army Reorganizat...
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after stating the case, delivered the opinion of the court. There are five principal questions pressed by the pláintiffs in error here, the defendants below. The first is that there was a misjoinder of parties plaintiff. The second is that the United Mine Workers of America, District No. 21, United Mine Workers of America, and the local unions made defendants, are unincorporated associatio...
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delivered the opinion of the court. Harley-Davidson Motor Company and Alexander Klein filed a petition for a writ of mandamus to the judges of thé Circuit Court of Appeals for the Third Circuit. Iii substance it sets forth: That in a suit' for infringement of letters patent relating to clutches 'for motorcycles, brought in the District Court of the United States for the Eastern *415...
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delivered the opinion of the court. This is an original suit in this court by the Shite of Wyoming against the State of Colorado and two Colorado corporations to prevent a proposed diversion in Colorado of part of the waters of the Laramie River, an interstate stream. The bill was brought in 1911, the evidence was *456 taken in 1913 and 1914; and the parties, put it in condens...
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This cause having been heretofore submitted on the pleadings and the evidence taken before and reported by the commissioners appointed for the purpose, and the court being now fully advised in the premises: It is considered, ordered and decreed that the defendants, their officers, agents and servants, be, and they are hereby, severally enjoined from diverting or taking from the Laramie River and i...
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delivered the opinion of the court. The appellants, defendants below, are citizens and officers of the State of Colorado, charged with official duties with respect to the distribution of water from streams of that State for irrigating purposes, and other citizens of Colorado, who need not be further noticed. The appellee, plaintiff below, a corporation organized under Nebraska laws, i...
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259 U.S. 503 (1922) WARD & GOW v. KRINSKY ET AL. No. 343. Supreme Court of United States. Argued December 14, 1921. Decided June 5, 1922. ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK. Mr. Herman S. Hertwig for plaintiff in error. Mr. E. Clarence Aiken, with whom Mr. Charles D. Newton, Attorney General of the State of New York, was on the ...
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delivered the opinion of the court. Robert T. Cheek sued the Prudential Insurance Company of America in the Circuit'Court of St. Louis tp re-, cover damages upon a cause of action set forth in two counts: First, that the company being a New Jersey corporation conducting a life insurance business in Missouri under license of the insurance department, of that State, and plaintiff having been...
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delivered the opinion of the court. This writ of error was sued out to test the validity, in view of the due process and equal protection provisions of the Fourteenth Amendment, of the Service Letter Law of Oklahoma (Act of April 24, 1908, Oklahoma Laws 1907-08, p. 516; Revised Laws Oklahoma 1910, § 3769), applicable to public service corporations and the like, in .a case that arose under ...
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259 U.S. 557 (1922) LIPKE v. LEDERER, COLLECTOR OF INTERNAL REVENUE FOR THE FIRST DISTRICT OF PENNSYLVANIA. No. 596. Supreme Court of United States. Argued March 21, 22, 1922. Decided June 5, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Mr. Lincoln L. Eyre, with whom Mr. Francis J. Maneely and Mr. Otto A. Schlobohm were on the brief, for appe...
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*566 Certain issues in this cause involving proprietary claims to the bed of Red River having been heretofore submitted on the pleadings, various petitions of intervention and the evidence taken before and reported by a commissioner, and the court having considered those issues and announced its conclusions thereon in an opinion delivered May 1, 1922: It is considered, ordered and...
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This cause came on to be heard by this court, and, for the purpose of carrying into effect the conclusions of the court as stated in its opinion herein, [257 U. S. 516], It is ordered, adjudged, and decreed that the boundary between the States of Georgia and South Carolina is and shall be the rivers ¡Savannah, Tugaloo and Chattooga to the point where the latter river touches the North Carolina ...
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Dismissed for the want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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The United Shoe Machinery Corporation and others, appellants, having presented their application for rehearing and modification of the decree of affirmance heretofore rendered in this cause [258 U. S. 451], upon consideration thereof the-same is overruled. It is ordered that the District Court after the receipt of the mandate of affirmance may-hear an application of the appellants for an extension...
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In these cases, which were suits brought under § 266, Judicial Code, as amended by the Act of March 4, 1913, c. 160, 37 Stat. 1013, for a preliminary and permanent injunction, a preliminary injunction was denied by the District Court and a stay granted until an application eóuld be made to this court. As the District Court is *577familiar with the character of the case, and we are not, we deny the...
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Motion to modify decree denied May 29, 1922.[See 258 U. S. 82.]...
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Motion to reinstate submitted May 29, 1922.[See 258 U. S. 634.]...
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No brief filed for respondents and defendants in error....
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Dismissed for the want of jurisdiction. § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Baltimore & Potomac R. R. Co. v. Hopkins, 130 U. S. 210; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 6; Schaff v. Famechon Co., 258 U. S. 76....
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No opinion found. Click here to view source material....
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No opinion found. Click here to view source material....
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No appearance for respondent....
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No opinion found. Click here to view source material....
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No opinion found. Click here to view source material....
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