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All Reporters → U.S. (United States Reports) → Volume 261

Opinions in U.S. (United States Reports) Volume 261

delivered the opinion of the Court. On December 11, 1922, appellant made a motion to substitute the State Tax Commission of the State of New York as appellee in place of James A. Wendell, former Comptroller of the State of New York, deceased. This was consented to by Charles D. Newton, then Attorney General of New York,.the other appellee. On January 1st, Charles D. Newton ceased to be Att...
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after stating the case as above, delivered the opinion of the Court. The expansion and improvement of the art of reinforcing concrete began several decades ago. There were two *12 different needs, one was for strengthening concrete beams and the other for strengthening concrete columns. The term reinforcing bar is usually applied in the art to a rod or bar used to reinforce a ...
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delivered the opinion of the Court. This is a review' of the decree of the Circuit .Court of Appeals of the Second Circuit sustaining the validity of claim No. 3 of the Vandenburgh patent, just considered in the previous case of Vandenburgh v. Truscon Steel Co., ante, 6, and awarding $15,000 for profits to Van-denburgh for defendant’s infringement. The two cases can not be distinguished. We...
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delivered the opinion of the Court. This is an appear from a judgment of the Court of Claims dismissing the petition of the plaintiff, the Charles Nelson Company, after a hearing of the evidence and upon findings made. The plaintiff was the lowest and accepted bidder upon advertised solicitation of the Navy *18 Department fdr the furnishing ■ and delivery of lumber at the Puge...
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after stating the case as above, delivered the opinion of the Court. The petitioner raises a question of jurisdiction. It says that the suit does not arise under the patent laws of the United States, but is merely a suit on a contract like one for royalties under a license of which the District Court could not have jurisdiction because the parties are both citizens of the same State. To su...
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after stating the case as above, delivered the opinion of the Court. The evidence in the case establishes that before Eibel entered the field, continued high speeds in the wire of the Fourdrinier machine much beyond five hundred feet a minute resulted in defective paper. Eibel concluded that this was due to the disturbance and ripples in the stock as it was forming at a point between the b...
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after stating the case as above, delivered the opinion of the Court. It is evident from a review of Title III of the Transportation Act of 1920 that Congress deems it of the highest public interest to prevent the interruption of interstate commerce by labor disputes and strikes, and that its plan is to encourage settlement without strikes, first by conference between the parties; failing that, ...
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delivered the opinion of the Court. This is an appeal from an order of the District Court for the Eastern District of Arkansas dismissing a writ of habeas corpus upon demurrer, the presiding judge certifying that there was probable cause for allowing the appeal. There were two cases originally, but by agreement they were consolidated into one. The appellants are five negroes who were convicted of ...
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delivered the opinion of the Court. This is a suit brought by the respondents to establish the nullity of a sale- of their land while they were all minors. The Supreme Court of Porto Rico upheld the sale and ordered the complaint to be dismissed, 27 P. R. 364; but the judgment was reversed by the Circuit Court of Appeals, 276 Fed. 108, following another decision made by it at the same term...
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delivered the opinion of the Court. This is a suit to recover fifty-two thousand dollars, being one per centum of the value of gold carried from Constantinople to New York upon the steamship Laub, a destroyer in the Navy, of which the plaintiff,- the defendant in error, was commanding officer at the time. There was a trial in the District Court in which, after the evidence was in, both sid...
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delivered the opinion of the Court. For present purposes this case may be»shortly stated. A wife and husband, both financially embarrassed, transferred certain land in Indiana to a corporate trustee pursuant to an arrangement whereby the trustee was to ád-vance moneys for their benefit, assist in procuring advances from others,, protect the title, ultimately sell the land, use the proceeds...
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delivered the opinion of' the Court. This is a suit by the Great Northern Railway Company to determine conflicting claims to a small tract of land adjoining its right of way at Springbrook, "North Dakota. That company claims the tract under a grant of station grounds made by the United States to' the St. Paul, Minneapolis and Manitoba Railway, Company, and the defendants claim the same und...
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delivered the opinion of the ■ Court. The original action was begun in the United States District Court, Western District of Missouri, May 12, 1915, to recover charges in excess of the published tariff rates collected by the plaintiff in error-.upon sundry interstate shipments of strawberries. All the shipments and payments were made prior to June 1, 1912. The company demurred, “ because e...
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delivered the opinion of the Court. Petitioner is a mutual assessment, accident and health insurance company, incorporated under the laws of Minnesota, with many members scattered throughout the Union. It issued a certificate of membership to Robert J. Benn, of Montana. He died in 1915, and his executrix — respondent here — instituted an action against the Association in a Montana court to...
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delivered the opinion of the ' Court. Claiming to have been injured (October, 1918) while employed by the United States Shipping Board Emergency Fleet Corporation as a motor truck driver, defendant in error Sullivan presented a claim for compensation to the Workmen’s Compensation Bureau, Pennsylvania *147 Department of Labor and Industry. The corporation answered; denied that ...
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delivered the opinion of the Court. As . the cause is properly here upon writ of error— Atlantic Coast Line R. R. Co. v. Goldsboro, 232 U. S. 548, 555; Act September 6, 1916, 39 Stat. 726 — we deny the petition for certiorari. Plaintiff in error was incorporated by the Legislature of North Carolina in 1901 and empowered to operate car lines in the streets of Durh...
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delivered the opinion of the Court. Plaintiff in error, a New York corporation, seeks cancellation of an assessment of taxes upon its real property to pay for construction and operation of the Bronx Valley sewer. Westchester County, a necessary party under the local statute, demurred to the complaint upon the ground that it states no cause of action. The trial court over *159 ...
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delivered the opinion of the Court. In 1893 the legislature of Washington .provided that only licensed persons should practice dentistry. It vested the authority to license in a board of examiners, consisting of five practicing dentists; and it required that persons desiring to practice should apply to that board and undergo examination before it. Every person of good moral character with ...
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delivered the opinion of the Court. The Bank of America, a New York corporation, brought this action in the federal court for the Southern District of New York, against the Whitney Central National Bank, which has its banking Louse and usual place of business at New Orleans, Louisiana. Service of process was made solely by delivering a summons to its president while temporarily in New York...
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delivered the opinion of the Court. The venue of suits for infringement of copyright is not determined by the general provision governing suits in the federal district courts. Judicial Code, § 51.' The Copyright Act provides that suits “ may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.” Act of March 4, 1909, c. 320, § 35, ...
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delivered the opinion of the Court. By the' Dent Act (March 2, 1919, ,c. 94, 40 Stat. 1272) the Secretary of War was authorized to adjust and discharge, upon a fair and equitable basis, agreements, express or implied, made prior to November 12,1918, in connection with the'prosecution of the war, “when such agreement has been performed in whole or in part, or expenditures have been made or ...
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delivered the opinion of the Court. Transportation Act, 1920, c. 91, § 418, 41 Stat. 456, 486, amending Interstate Commerce Act, § 15(6), authorizes the Commission, upon complaint or upon its own initiative, to prescribe, after full hearing, the divisions of joint rates among carriers parties to the rate. In determining the divisions, the Commission is directed to give due consideration, a...
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delivered the opinion of the Court. This cause is here upon a certificate from the Circuit Court qf Appeals, requesting the instruction of this Court in respect of the following questions: “1. Is a'high caste Hindu of full Indian blood, born at Amrit Sar, Punjab, India, a white person within the meaning of section 2169, Revised Statutes? *207 “ 2. Does the act of February 5, 1917, (39 S...
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delivered the opinion of the Court. The defendant in error, petitioner .below, on June 9, 1920, filed a petition in the Supreme Court of the District of Columbia, praying for a writ of mandamus against respondents requiring them to issue to her a permit to erect a building for business purposes on a lot situated on a residence street in Washington. Prior to filing the petition she made preparat...
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delivered the opinion of the Court. This appeal brings up for review a decree of the Circuit Court of Appeals, directing the cancellation of a land patent issued in 1904 by the United States to the defendant, the Central Pacific Railway Company, in so far as it purports to convey certain legal subdivisions of land in Sections 13 and 23, Township 43 North, Range 8 West, M, D. M., Siskiyou C...
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delivered the opinion of the Court. This was an action brought by the State against the defendant (plaintiff in error)- to recover possession of a certain canal property, known- as the Columbia Canal, on the ground that the defendant had forfeited the same by reason of its failure to fulfill certain conditions subsequent upon which its continued title depended. Prior to the year 1887 a sma...
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Memorandum opinion by ■ This is a writ of error to the Supreme Court of Indiana, when, clearly, it should have been to the State Appellate Court. The action was brought in the Superior Court for Tippecanoe County. A demurrer to the complaint was sustained. An appeal was allowed to the Supreme Court < but that court, of its own motion, entered an order trans-' ferring the cause to the...
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delivered the opinion of the Court. This is a suit commenced in this Court by the United States against the State of Oklahoma to establish priority in favor of the United States under § 3466 of the Revised Statutes and to have a debt owing by the state bank of Guthrie, Oklahoma, paid before any distribution of the assets of the bank. The case was heard on the motion of the State to dismiss th...
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261 U.S. 264 (1923) WESTERN & ATLANTIC RAILROAD v. RAILROAD COMMISSION OF GEORGIA ET AL. No. 195. Supreme Court of United States. Argued January 9, 1923. Decided February 19, 1923. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. Mr. Fitzgerald Hall, with whom Mr. Henry C. Peeples and Mr. Frank Slemons were on the brief, for appellant. No brief filed f...
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delivered the opinion of the Court. This is a suit commenced in the District Court by the Western & Atlantic Railroad, against the Railroad Commission of Georgia, its members, its special attorney, and the Attorney General of the' State to restrain and enjoin the enforcement of an order of the Commission requiring the plaintiff to construct and put in service a spur or industrial • track to the Fa...
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delivered the opinion of the Court. The appellee, the Paducah Railway Company, is the owner of an electric street car system in Paducah, Kentucky, and is operating it under a franchise ordinance adopted April 29, 1919. Section XY thereof (printed in the margin) 1 relates to fares to be charged. The company *269 commenced' operation under this ordinance October 1, 19...
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delivered the opinion of the Court. Action in the District Court for.the District of Connecticut, by the Weil Corset Company, a corporation of Connecticut, against Charles Munter, a citizen and resident of New York, for breach of contract, damages being laid at $7,273.26 with interest from November 13, 1914. Service upon Munter was made in New. York City. The case is between citizens ...
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delivered the opinion of the Court. This case presents an asserted conflict between the laws of Mississippi, subjecting property to attachment, and the statutes of the United States which empowered the President to take control of the railroad transportation systems of the United States, and exempt their property from State processes. Act of August 29, 1916, 39 Stat. 619, 645; 40 Stat. 451...
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delivered the opinion of the Court. These two cases were argued separately, but they turn on the same point, were decided in a single opinion by the Court below' and do not require a separate consideration here. The.plaintiffs are corporations organized under the laws of Oklahoma and furnish natural gas to consumers in that State, at rates established by the Corporation Commission. They ap...
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delivered the opinion of the Court. Relying upon the Lever Act — 40 Stat. 276, 279 — the United States took possession of certain land along New York Bay, April 6, 1918, and, as surviving trustee under the will of. Langley, defendant; in error Benedict instituted this proceeding to recover its value. The tract had been platted into blocks and trustees holding the title had undertaken to convey ...
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delivered the opinion of the Court. The plaintiff in error, the Seaboard Air Line Railway Company, was the owner of 2.6 acres of land at Charleston, South Carolina, adjoining the Charleston Port Terminal, subject to a mortgage to the Guaranty Trust Company and William C. Cox. 1 On May 23, 1919, the United States, under authority of § 10 of the Lever Act, 2 requisition...
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delivered the opinion of the Court. This is a motion for leave to proceed on this appeal ■in forma pauperis. The character of the appeal is set forth in the motion papers, and upon the facts .therein stated we reach our conclusion. The Act of July 20, 1892, c. 209, § 1, 27 Stat. 252, as amended June 27, 1922, c. 246,- 42 Stat. 666,. provides: ■ “ That any citizen of th...
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delivered the opinion of the Court. The -New York Telephone Company, the appellee herein, filed its bill in the District Court against the members of the New York Public Service Commission, the counsel of the Commission and the Attorney General of thé State, asking an injunction against the enforcement of two orders of the Public Service Commission as to telephone rates, one as to rates in...
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delivered the opinion of the Court. Action for $600.00 based on the claim of Allen, who was a yeoman in the'Coast Guard,-for pay at the rate fixed by law for a chief yeoman in the Navy from April 6, 1917, *318 to May 28, 1919, under the following provisions of the Act of May 22, 1917, c.. 20, 40 Stat. 84: “An Act Totem-porarily increase the commissioned and warrant and enlisted strength of th...
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delivered the opinion of the Court. Action for $600.00. Judgment for $260.50. . The case was submitted with United States v. Allen, just decided, ante, 317, depends upon the same statute and presents the «question of the claim of a master at arms in the Coast Guard to receive pay at the rate allowed by the statute to a chief master at arms in the Navy, less all pay previously received in ...
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delivered the opinion of the Court. This is an action upon an undertaking to pay the amount of any judgment that might be recovered by one Mackey in a suit against the Illinois Surety Company, not exceeding $7,500 and interest, the contract being made by the present defendant in order to dissolve an attachment in that suit. That suit was begun in May, 1915, in New York. Mackey recovered a ...
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delivered the opinion of the Court. These are bills in equity brought by the petitioner to restrain dramatic performances based upon two poems, “ Over the Hills to the Poor House ” and “ Over the Hills from the Poor House,” and for an account and damages. The author of the poems, Will Carleton, held a rénewed copyright for them which expired on or about February 21,1915. He died on December 1...
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delivered the opinion of the Court. These were actions by the Pullman Company against the Treasurer of California to recover .moneys paid under *334 protest as state taxes. Each action related to a designated part of the tax for a distinct year and was brought on the theory that the part designated was invalid because imposed under constitutional and statutory provisions repug...
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261 U.S. 330 (1923) PULLMAN COMPANY v. RICHARDSON, AS TREASURER OF THE STATE OF CALIFORNIA. HINES, AS DIRECTOR GENERAL OF RAILROADS, ET AL. v. RICHARDSON, AS TREASURER OF THE STATE OF CALIFORNIA. Nos. 143-148, and 149. Supreme Court of United States. Argued December 4, 5, 1922. Decided March 12, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. *331 Mr. Cordenio A. Severance, with whom...
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*341 This cause having been heard and submitted upon certain questions, and the Court having considered the same and announced its conclusions in an opinion delivered January 15, 1923, [260 U. S. 606] It is ordered, adjudged, and decreed: 1. The boundary between the States of Oklahoma and Texas, where it'follows the course of the Red River from the 100th meridian of west longitude to the ea...
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261 U.S. 345 (1923) STATE OF OKLAHOMA v. STATE OF TEXAS. UNITED STATES, INTERVENER. No. 18, Original. Supreme Court of United States. SUPPLEMENT TO PARTIAL DECREE OF JUNE 5, 1922. ENTERED MARCH 12, 1923. IN EQUITY. On consideration of the several stipulations, suggestions and supporting briefs relating to the entry of a further decree to supplement the partial decree entered June 5, 1922, under t...
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On consideration of the several stipulations, • suggestions and supporting briefs relating to the entry of a further decree to supplement the partial decree entered June 5, 1922, under the opinion delivered May 1, 1922, [258 U. S. 574] It is ordered,'adjudged, and decreed: 1. This supplemental decree relates only to the bed of the Red River, and 4o lands bordering on the north side of the same, be...
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after stating the case as above, delivered the opinion of the Court. The questions presented are, first, the proper classification of bonuses under the statute, second, the validity of the conditions imposed by the Secretary on the payment of the minors’ incomes to the parents, and third, the propriety of mandamus as a remedy in this case. The bonus which was the result of bidding for...
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delivered the opinion of the Court. Nelson W. Rider, the plaintiff below, was a first class private in the Aviation Section of the Signal Enlisted Reserve Corps from the date of his enlistment, November-22, 1917, until September 13, 1918, when he accepted a commission as a Second Lieutenant in Air Service Aeronautics. His suit is for pay additional to 'that received by him. while he was a first...
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261 U.S. 369 (1923) ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY ET AL. v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI. No. 284. Supreme Court of United States. Argued March 1, 1923. Decided March 19, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. Mr. Edward T. Miller and Mr. William F. Evans, for plaintiffs in error, submitted. Mr. Alexander P. Stewart was also on the brief. Mr. Fr...
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delivered the opinion of the Court. 1 Railway Company conducts an interstate railroad between Kansas City, Missouri, and Birmingham, Alabama, passing through the city of Mountain Grove, Missouri. Upon the petition of a volunteer organization of the city, the Public Service Commission of Missouri ordered the Railway Company, (1), to provide for the stopping of its southbound train No. 105 at Mounta...
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delivered the opinion of the Court. This is a petition for a writ of mandamus to require the recording officer of Montgomery County, Alabama, to record a first mortgage deed on receiving the fee for recording the same, without payment' of an additional sum of fifteen cents for each one hundred dollars of the principal sum secured. The General Revenue Act of the State, approved September 15...
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delivered the opinion of the Court. The appellant brought suit in the District Court, alleging that an order of. the Arkansas Railroad Commission was invalid as establishing confiscatory rates for natural gas furnished to its consuming customers and as maintaining certain divisional rates, (alleged to be wholly inadequate) fixed by contracts between appellant and the Little Rock Gas & Fuel...
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delivered the opinion of the Court. The Railroad Company filed its petition in the Court of Claims asking judgment for the amount of certain “ extraordinary expenses ” which it claimed to have incurred in constructing a branch railroad to the Ordnance Depot at Curtis Bay, Maryland, under “ an informal or implied agreement ” with officers of the War Department for the reimbursement of such exp...
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delivered the opinion of the Court. This is an ordinary patent case. There was no reason for granting the application for a writ of certiorari except upon' the ground that the Circuit Courts of Appeals for' thé Fifth and the Ninth Circuits had differed in respect to the validity and scope of the patent and that uniformity required a decision from this Court. The arguments and the briefs' h...
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delivered the opinion of the Court. This is an effort by writ of error, and if that is inappropriate for the purpose, by an application for a writ of certiorari, to review the action of the Supreme Court of Appeals of West Virginia in the judgment which it entered in avowed and attempted compliance with the judgment of this Court in the case on writ of error sub nomine Eureka Pipe Line Co. v....
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delivered the opinion of the Court. . This is a case like that of Hallanan v. Eureka Pipe Line Co., just decided, ante, 393, involving the question *399 whether the Supreme Court of Appeals of West Virginia-has complied with the mandate of this Court issued on a judgment entered in the case of United Fuel Gas Co. v. Hallanan, decided December 12, 1921, 257 U. S. 277. It is in all re...
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after stating the case as above, delivered the opinion of the Court. It is insisted by counsel for the petitioner that it is within our power and' it is our duty on this writ to go into the merits of the issue of the validity of the Smith patent and of the correctness of the money decree for profits. We were asked to do this by an application for writ of certiorari which we denied January ...
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delivered the opinion of the Court. ' - This is an appeal from the Court of Appeals of the District of Columbia. It is an appeal provided for in paragraph 64 of the law creating the Public Utilities Commission of the District. The law is § 8 of an Act approved March 4, 1913, making appropriations for the District for the year ending June 30, 1914. 37 Stat. 938, 974. Paragraph 7 requires th...
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delivered the opinion of the Court. The Page Company brought suit in the District Court of the United States for the District of Massachusetts against the defendant in error for libel, constituted, it was alleged, by allegations in a certain bill of complaint which was filed by her against that company in a Superior Court of Massachusetts. A question of jurisdiction in the sense of immunity f...
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delivered the opinion of -the Court. The Cleveland Company is a dealer in petroleum products and brought this suit to restrain the execution of an act passed by the General Assembly of Ohio,- M'ay 19, *450 1915, entitled “An Act to provide for the inspection of petroleum, illuminating oils, gasoline, naphtha; and the repeal of sections 844 to 868, inclusive, of the General Cod...
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delivered the opinion of the Court. This case arises in the matter of O’Gara Goal Company, bankrupt, upon a petition for a setoff presented by the trustee of the bankrupt estate. The respondent is the receiver of the La Salle Street Trust and Savings Bank. When the Coal Company became bankrupt in 1913, the Bank held its note for $15,000, with security. Between November 11, 1913, and June 1...
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delivered the opinion of the Court. ■ On April 2, 1918,' while the railroad of the Wabash Railway Company was in the possession of the United States-and operated by the Director General Of Railroads, Mern G. Welker, a brakeman on that railroad, was fatally . injured and died in circumstances which, under the Employers’ Liability Acts of Congress, probably would have made the railway compan...
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delivered the.opinion of the.. Court: Iri separate proceedings against thirty or more refiners and Wholesalers, the Federal Trade Commission condemned'and ordered them to abandon the practice.of leas *465 ing underground tanks with pumps .to retail 'dealers at nominal prices and upon condition that the equipment should be used only with gasoline supplied by the lessor. •Four of these orders w...
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delivered the opinion of the Court. These are separate causes, but the facts are similar and both present the same essential question. A statement based upon record No. 271 will suffice. Petitioner is a Connecticut corporation with home office at Hartford. For many years it has carried on the business of insurance upon the assessment or mutual plan within the State of Ohio. May 4, 1882, it is...
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delivered the opinion of the Court. The sole question propounded upon this direct writ of error is whether the District Court rightly held that it had jurisdiction to entertain the libel by which defendant in error sought to recover damages for the death of her husband. 280 Fed. 125. Plaintiff in error, a corporation engaged in dredging, pile driving, etc,, maintains a yard at Buffalo...
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delivered the opinion of the Court. The Legislature of Arkansas created, by a special law, the Little River Drainage and Levee District of Sevier County, No. 1, a body corporate, and defined its boundaries. Act 186 of Acts of 1915, p. 747, amended by Act 79 of Acts of 1917, p. 348. This suit was brought in the federal court for the Western District of Arkansas, Texar-kana Division, by two railr...
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delivered the opinion of the Court. On August 30, 1905, claimant’s intestate entered into a contract with the United States to instal the interior fin *487 ish in the custom house building then being constructed in New York City pursuant to Act of March 2, 1899, c. 337, 30 Stat. 969. The contract price was $1,037,-281.69; and the time for completion of the work, October 15, 19...
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delivered the opinion of the Court. Section 3883 of the Revised Code of Delaware, 1915 (which embodies the Act of March 25, 1891, c. 181, 19 Del. Laws, ,p. 359) provides: “ Whenever a corporation shall be insolvent, the Chancellor, on the application and for the benefit of any creditor or stockholder thereof, may, at any time, in his discretion, appoint one or more persons to b...
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delivered the opinion of the Court. The appellant, on May 19, 1917, by assignment, became the owner of a' contract, by which it acquired the right to purchase a large quantity of steel plate from the Allegheny Steel Company, of Pittsburgh, at a price under the market. The contract was of great value and if carried out would have produced large profits. In October, 1917, before any del...
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delivered the opinion of the ■ Court. These cases, here on appeal from the Court of Claims, differ in details of fact, but are controlled by the same principles of law and depend alike upon the construction ■ and application of the same statutory provisions. The salient facts in the case of the Motor Car Company are as follows: That company, on.May 14, 1918, entered into a contract, n...
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delivered the opinion of the Court. The question presented for determination by these appeals is the constitutionality of the Act of September 19, 1918, providing for the fixing of minimum wages for women and children in the District of Columbia. 40 Stat. 960, c. 174. The act provides for a board of three members, to be constituted, as far as practicable, so as to be equally repre-. *540.sehtative...
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delivered the opinion of the Court. This case involves fees and expenses of an attorney for a trustee in bankruptcy. . Claims therefor are made on a written contract between the trustee and the attorney, Jordan Stokes, Jr. 1 The amount claimed for fees is about $49,000 2 and for expenses $1,127.28. The debts, existing at the time of the filing of the petition in bankr...
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delivered the opinion of the Court. The United States instituted condemnation proceedings in the District Court for the Eastern District of Louisiana to acquire the so-called Hanson Canal and a strip of land three hundred feet wide including the canal. Plaintiff in error was the owner and objected to the taking on grounds hereinafter stated. Judgment was given condemning the property and v...
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delivered the opinion of the Court; The record presents a preliminary question as to our -jurisdiction under the writ of error. The relators were arrested by the police of the City of Mt. Vernon, N. Y., while holding a street meeting, on the charge of violating an ordinance which prohibited, under *591 penalty of fine, the gathering or assembling of persons or the holding of public meetings...
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delivered the opinion of the Court. The Railway Company filed its petition, under the Dent Act (March 2, 1919, c. 94, 40 Stat. 1272), to recover compensation for. constructing temporary barracks for the use of United States troops under an “ implied agreement ” alleged to have been entered into by it with the United States, in December, 1917, through Col. Kim-ball, Expeditionary Quartermas...
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delivered the opinion of the Court. The defendants in error move to dismiss the writ of error or affirm the judgment. *601 - 1. The ground of the motion to dismiss is that there is want of jurisdiction because the writ is not directed to the Supreme Court of the State. It was sued out to review a final judgment of that court reversing, on appeal, an order of the Circuit Court...
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Motion to docket this cause, and for leave to proceed in forma pauperis, denied....
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Motion for leave to file petition for a writ of mandamus herein denied....
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On consideration of the petition for a rehearing or to remand this cause to the Circuit Court of Appeals for the Eighth Circuit, it is ordered by the Court that said cause be, and the same is hereby, transferred to the said Circuit Court of Appeals, pursuant to the Act of Congress of September 14, 1922....
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Reversed with costs, upon the authority of Baltimore & Ohio R. R. Co. v. Koontz, 104 U. S. 5, 15; General Investment Co. v. Lake Shore & Michigan Southern Ry. Co., 260 U. S. 261; Lee v. Chesapeake & Ohio Ry. Co., 260 U. S. 653....
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It is ordered that the petition in intervention of John Tah Hah et al. be filed in accordance with the stipulation that the evidence introduced in said cause by any of the parties shall be taken as evidence as to these interveners, and that the rights of said interveners may be determined by the\\ decree to be rendered herein....
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Dismissed for want of jurisdiction upon' the authority of: (1) Thomas v. Iowa, 209 U. S. 258, 263; Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 331, 333; Bowe v. Scott, 233 U. S. 658, 664-665; (2) McCorquodale v. Texas, 211 U. S. 432, 437; St. Louis & San Francisco R. R. Co. v. Shepherd, 240 U. S. 240, 241; Mergenthaler Linotype Co. v. Davis, 251 U. S. 256, 258-259; Jett Bro...
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Dismissed for want of jurisdiction, upon author* ity of § 6, Act of September 6, 1916, c. 448, 39 Stat. 726, 727....
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Dismissed for want of jurisdiction upon the authority of Spencer v. Duplan Silk Co., 191 U. S. 526, 530; Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147....
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Motion to reinstate this cause on the docket granted....
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Affirmed upon the authority of Baltimore & Ohio R. R. Co. v. Koontz, 104 U. S. 5, 15; General Investment Co. v. Lake Shore & Michigan Southern Ry. Co., 260 U. S. 261; Lee v. Chesapeake & Ohio Ry. Co., 260 U. S. 653....
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Motion to reinstate causé on the docket granted, but a rule is ordered to issue to show cause why the case should not be dismissed for lack of statutory authority to substitute the new governor for the ex-governor, in view of Irwin v. Wright, 258 U. S. 219, and United States ex rel. Bernardin v. Butterworth, 169 u. S. 600....
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Affirmed upon the authority of Morris dale Coal Co. v. United States, 259 U. S. 188....
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Affirmed with costs upon the authority of *609Ughbanks v. Armstrong, 208 U. S. 481. Mr. Joe Burkett and Mr. A. H. Corrigan for plaintiff in error. Mr: W. A. Keeling and Mr. L. C. Sutton for defendant in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by .the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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The motion to substitute the new Commissioner of Revenue, R. A. Daughton, for the ex-Commissioner of Revenue, A. D. Watts, is granted, on the ground that such substitution is authorized by § 461, Consol. Stats. N. Car. 1919, as construed by the Supreme Court of North Carolina in Davenport v. McKee, 98 N. Car. 500....
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Upon rehearing, the former opinions, as well as the judgments heretofore rendered, are affirmed....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota granted....
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Petition for a writ of certiorari to the Supreme Court of the State of North Carolina granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted....
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Petition for a writ of certiorari herein granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted....
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*611Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Oklahoma denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of South Carolina denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Ordered that the motions to vacate the writ of certiorari granted herein or to advance this cause be, and they are hereby, denied....
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Petition for a writ of certiorari herein denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the *615Eighth Circuit denied. Mr. Robert F. Blair and Mr. George S. Ramsey for petitioners. No appearance for respondent....
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Petition for. a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. William H. Gorham and Mr. James Kiefer for petitioners. Mr. Solicitor General Beck, Mr. Assistant Attorney General Ottinger and Mr. J. Frank Staley for respondents....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Second Circuit denied.....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the *617Third Circuit denied. Mr. George W. Wickersham and Mr. George B. Gordon for petitioner. Mr. Solicitor General Beck and Mr. W. H. Fuller for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of Montana denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Missouri denied....
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Petition for a writ of certio-rari herein denied....
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Petition for a writ of certiorari to the Supreme Court of the State of South Dakota denied....
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Petition for a writ of certio-rari to the Circuit Court of Appeals for the Second Circuit denied....
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Peti*619tion for a writ of certiorari herein denied. Mr. William Lucking, for appellant, in support of the petition. Mr. Heñry I. Armstrong, Jr., for appellee, in opposition to the petition....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Florida denied.....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court, Appellate Division, Third Department, of the State of New York, denied for failure to submit the petition within the time prescribed by the rule....
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Petition for a writ of certiorari herein denied....
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Petition for a writ of cer-tiorari to the Supreme Court of the State of New York denied....
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Petition for a writ of certiorari to the Supreme Court of the State of New York denied....
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Petition for a writ of certiorari to the Supreme Court of the State of North Carolina denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Writ of error dismissed pursuant to’ the 10th Rule, and petition for a writ of certiorari herein dismissed for failure to comply with the rule as to printing record....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certio-rari to the Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for. the Third Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Pennsylvania denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of. Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the Circuit Court •of Appeals for the Second Circuit denied....
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*623Petition for a writ of certiorari to the Supreme Court of the State of Michigan denied. Mr. J. Walter Do hang and Mr. Frank E. Robson for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Missouri denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed, pursuant to the 10th Rule. Mr. Charles A....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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These cases will severally stand dismissed under the 10th Rule unless the deposit for printing the record is made on or before March 5 next....
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This case will stand dismissed under thn 1.0th Rule unless. the deposit for printing the record is made on or before May 1 next....
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Dismissed with costs, per stipulation;...
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Judgment reversed, upon confession of error by the defendant in error, on motion of Mr. Hugh H. Obear for pis intiff in error, with consent thereto by Mr. Solicitor General Beck for the United States....
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Dismissed with costs, on motion of counsel for appellant....
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Dismissed with costs, per stipulation....
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Dismissed with costs, on motion of counsel for appellant....
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261 U.S. 629 43 S.Ct. 518 67 L.Ed. 835 FEDERAL TRADE COMMISSION, PETITIONER,v.FRUIT GROWERS' EXPRESS (Inc.). No. 172. April 9, 1923. The Attorney General, for petitioner. 1 Dismissed per stipulation, on motion of Mr. Solicitor General Beck in that behalf. ...
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Writ of error dismissed pursuant to the 10th Rule, and petition for a writ of certiorari herein dismissed for failure to comply with the rule as to printing record....
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Docketed and dismissed, on motion of Mr. Solicitor General Beck for the United States,...
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Dismissed with costs, per stipulation, on motion of Mr. Solicitor General Beck in that behalf....
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Dismissed, on motion of Mr. Solicitor General Beck for the United States....
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Dismissed with • costs, per stipulation....
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Dismissed with costs, per stipulation....
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Dismissed with costs, per stipulation....
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