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Opinions in us-lexis Volume 1915

delivered the opinion of the court. This is an action brought by the respondent, upon a certificate of indebtedness and an interest coupon attached to the same, against the petitioner. There was a verdict and judgment for the plaintiff and the Circuit Court of Appeals affirmed the judgment. 118 C. C. A. 256; 200 Fed. Rep. 28. The plaintiff held the instrument by endorsement and was found to hav...
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delivered the opinion of the court. This is a writ of error to review a judgment of the District Court awarding a recovery against the United States for the amount paid as stamp taxes upon certain charter parties únder § 25 of the War Revenue Act of June 13, 1898, c. 448, 30 Stat. 448, 460. These charter parties were exclusively for the carriage of cargo from ports in the States of the Uni...
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delivered the opinion of the court. The plaintiff in error is a corporation engaged in the business of underwriting policies of marine insurance. It .brought this action to recover the amount paid as stamp taxes upon policies insuring certain exports against marine risks. The taxes were paid under the War Revenue Act of June 13,1898, c. 448, 30 Stat. 448, 461; and the recovery was sought u...
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delivered the opinion of the court. This is a suit under the Judicial Code of March 3, 1911, c. 231, § 24, par. 20,36 Stat. 1087,1093, formerly the Tucker Act of March 3, 1887, c. 359, §§ 1, 2, 24 Stat. 505, to recover the amount of taxes paid under protest. It presents two questions: Whether the District Court sitting as a Court of Claims had jurisdiction of this case; and whether the cla...
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Memorandum opinion by direction Of the court. By This is a petition to have an act of the Louisiana legislature (1908, No. 270), and ordinances of the respondent Board declared unconstitutional as impairing the obligation of a contract between the property tax payers and the City of New Orleans. The statute makes it the duty of the Board to require all inhabited premises in the City to be...
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delivered the opinion of the court. This is a claim for the profits that would have been realized on sand that the claimant alleges to have been contracted for by the United States but that the United . States refused to receive, and for the cost of additional plant alleged to have been provided for the purpose of furnishing the sand. The Court of Claims rejected the claim. 48 Ct. Cl. 427....
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delivered the opinion of the court. This suit was an action in ejectment brought by the United States in the United States Circuit Court for the *44 District of Montana, to recover certain lands in the Blackfeet Indian Reservation. The defendants (now plaintiffs in error) other than Henry Henkel are members of the Piegan Tribe of Indians. Henry Henkel is the husband of Caroline Henkel and the...
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delivered the opinion of the court. A statute of the State of Florida undertakes to make it unlawful for anyone to sell, offer for sale, ship, or deliver for shipment, any citrus fruits which are immature or otherwise unfit for consumption. 1 Plaintiff in error, S. J. Sligh, was charged by information containing three counts in the Criminal Court of Record in Orange County, Fl...
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delivered the opinion of the court. These cases involve the same questions, and, being practically one proceeding, may be disposed of together. They arise out of an application to the Supreme Court of the State of South Carolina for á writ of mandamus, requiring the respondent, Fitz. H. McMaster, as Insurance Commissioner of the State of South Carolina, to issue to the Phoenix Mutual Life ...
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delivered the opinion of the court. The Government brings this appeal to review a decree of the Circuit Court of Appeals, which affirmed a decree dismissing, upon demurrer, its suit'as against the appellees. 197 Fed. Rep. 292. • The suit was instituted against the appellees, and others, to set aside certain mining leases of an Indian allotment, and assignments of®rents and royalties, ...
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delivered the opinion of the court. George R. Robinson, the plaintiff in error, brought this action to recover damages for personal injuries sustained by him while performing his duty as a porter in charge of a Pullman car which was being hauled by the defendant as a part of an interstate train. The injuries were received in a collision which was due, it was .alleged, to the defendant’s ne...
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delivered the opinion of the court. This action was brought, before a Justice of the Peace in Tennessee, by the Louisville & Nashville Railroad Company to recover $58.30 as the amount of an alleged undercharge on the sale of railroad tickets. Judgment for the defendant was affirmed by the Court of Civil Appeals nnd by the Supreme Court of the State. ■ The case comes here on error. The...
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delivered the opinion of the court. This was a suit in equity brought in the Circuit Court of the United States for the Eastern District of Illinois *109 by the holders of an oil and gas lease covering a small tract of land in Crawford County, Illinois, to enjoin operations under a later and similar lease and to obtain a discovery and an accounting in respect of the oil and ga...
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delivered the opinion of the court. This ease is in all'material respects like that of Guffey v. James A. Smith, just decided. The two cases were argued together and the views expressed in that are decisive of this. The decrees below are reversed and the case is remanded to the District Court with like directions as in that case. Decree reversed. ...
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after making the foregoing statement, delivered the opinion of the court. The Pennsylvania Railroad Company, an interstate carrier, was sued in a state court for damages caused by its *127 failure to furnish the Puritan Company with cars in which to load coal for shipment to points within and without the State. The pleadings alleged not only that the carrier had failed to perf...
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delivered the opinion of the court. The laws of California provide a means by which the owner, of property can be heard before the Board of Equalizers as to the fairness of the tax assessment. If no objection is made and the taxes are not paid a delinquent list is published. If default still continues the property, instead of being offered to the highest bidder, is sold to the State which holds...
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delivered the opinion of the court. The plaintiffs in error jointly operate the Santa Fe system, of railway lines extending through Arizona, Texas, Kansas and Oklahoma into Missouri. The Littlefield Cattle Company owns ranches near these roads and. brought suit for damages caused by their failure to furnish cars needed for the transportation of cattle from points in Texas to points in Missouri....
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after making the foregoing statement of facts, delivered the opinion of the court. The questions certified by the Circuit Court of Appeals involve an inquiry as to whether the Collector of Customs, after the expiration of one year, can make a finding of’fraud and thereupon make a reliquidation of duties which is final unless, within 15 days, the importer pays the amount thus *150 ...
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delivered the opinion of the court. Shultz brought suit in. a New York court against Whit-comb for breach of contract. The case was removed to the United States District Court for the Southern District of New York, where the plaintiff recovered a judgment for $25,000. The defendant, Whitcomb, in order to take the case to the Circuit Court of Appeals, gave a supersedeas *160 bo...
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delivered the opinion of the court. This action was . brought in the Circuit Court of Bay-field County, Wisconsin, by plaintiff in error, to recover damages for timber cut and removed from his land and converted into lumber by defendant. The Circuit Court rendered judgment for plaintiff, but the Supreme Court of the ¡State reversed this (145 Wisconsin, 528), and re *164 manded...
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after making the foregoing statement, delivered the opinion of the court. The decision of the state court of last resort is conclusive upon the point that the ordinance under consideration is within the scope of the powers conferred by the state legislature upon the city council of Little Rock. It must therefore be treated, for the purposes of our jurisdiction, as an act of legislation proceedi...
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delivered the opinion of the court. At the summer term, 1912, Court of General Sessions,. Marlboro County, South Carolina, Joe Malloy was found guilty without a recommendation to mercy under an indictment charging him with the murder of Moore, November 24, 1910, and sentenced to death by electrocution in conformity to the Act of the Legislature approved February 17,1912‘(S. Car. Statutes at Lar...
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Memorandum opinion by by direction of the court. To secure his outstanding note for $2300, Coates, a resident, of Michigan and the present bankrupt, gave the Pontiac Savings Bank a mortgage upon his stock of goods, fixtures, etc., in May, 1902, which was not filed for record until the following September. Between these dates he *187 incurred indebtedness exceeding $1400 to sundry dealers for ...
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Mr. Chief Justice White delivered the opinion of the court. The plaintiff in error, a corporation called hereafter the Riverside Mills, was sued in North Carolina by the defendant in error, a resident of that State, to recover for personal injuries alleged to have been suffered by him while working in Virginia as an employé in a cotton mill operated by the. Riverside Mills. The summon...
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delivered the opinion of the court. A brief statement of the origin and nature of the controversy is essential to an understanding of the questions which we are called upon to decide. The relator applied for a patent. His claim was rejected by the primary examiner. He appealed to the Board of Examiners in Chief, and that body, disagreeing with the primary examiner, reversed his decision and sus...
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delivered the opinion of the court. The appellant, the Southern Pacific Company, operates under a lease a line of road from San Francisco, via Rose-ville Junction, to Portland. The line to Roseville Junction, a distance óf 108.03 miles, was built as part of the main line extending from San Francisco to Ogden, Utah, by the Central Pacific Railroad Company under an act of Congress of July 1, 1862...
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delivered the opinion of the court. As a corporation created by an act of Congress the plaintiff in error is inherently entitled to invoke our jurisdiction. Hence the motion to dismiss is without merit. Both the record and the argument for reversal are voluminous, the latter covering about one hundred and thirty-five printed pages. We state some of tfie undisputed facts out of which t...
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Memorandum opinion by by direction of the court. The Texas & Pacific Railway Company, a corporation created by an act of Congress, prosecutes this writ of error to reverse a judgment of the court below affirming one of the trial court entered on the verdict of a jury in favor of the defendant in error awarding damages alleged to have been by her suffered through the negligence of the Railw...
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237 U.S. 220 (1915) CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY v. RAILROAD COMMISSION OF WISCONSIN. No. 198. Supreme Court of United States. Argued March 12, 1915. Decided April 12, 1915. ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. *221 Mr. Robert Bruce Scott and Mr. Andrew Lees, with whom Mr. Chester M. Dawes was on the brief, for plaintiff in error. Mr. Walter Drew, with whom M...
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delivered the opinion of the court. Error to review a judgment of the Supreme Court of Wisconsin sustaining an order of the railroad commission of that State requiring under a law of the State the railroad company to stop two of its passenger trains, each way daily, at the station of Cochrane. The statute under which the order was made is as follows: “Every corporation operating a railroad shall m...
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delivered the opinion of the court. Action for damages in the sum of $207,304.50 brought by appellants against the United States, growing out of a contract with the United States on the nineteenth of February, 1900, for the construction of three locks and dams on the Warrior river in Alabama. The work was completed and accepted in November, 1903. The items of damage were: delay in permittin...
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237 U.S. 251 (1915) GREENLEAF JOHNSON LUMBER COMPANY v. GARRISON, SECRETARY OF WAR. No. 678. Supreme Court of United States. Argued February 24, 25, 1915. Decided April 12, 1915. APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. *252 Mr. J.L. Jeffries, with whom Mr. L.D. Starke was on the brief, for appellant. Mr. Assistant Attorney General Underwood for appellees. *254 MR. JUSTICE...
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delivered the opinion of. the court. This was a certiorari to review assessments made by the Comptroller after a previous assessment had been set aside by the Court of Appeals. 200 N. Y. 93. The present assessments were upheld. 207 N. Y. 270. The plaintiff in error alleges that the tax laws construed to authorize them impair the obligation of .contracts, contrary to Article I, § 10, of the Cons...
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delivered the opinion of the court. This is an equity suit that was commenced in the Supreme Court of the District of Columbia by Jonas H. McGowan and Elijah V. Brookshire, as complainants, against appellee as Executrix of Joseph W. Parish, deceased, together with the Secretary of the Treasury and the Treasurer of the United States, as defendants, in May, 1909, shortly after the decision b...
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237 U.S. 300 (1915) LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. WESTERN UNION TELEGRAPH COMPANY. No. 183. Supreme Court of United States. Argued March 9, 1915. Decided April 12, 1915. ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. *301 Mr. Victor Leovy and Mr. John G. Johnson, with whom Mr. Henry L. Stone and Mr. George Denegre were on the brief, for plaintiff in error. Mr. Rush Ta...
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delivered the opinion of the court. This is a suit brought by the Telegraph Company, originally in a state court, to acquire ‘the right of use for a telegraph fine over the right of way, bridges and property’ of the Railroad Company, subject to the Railroad’s dominant right, by ‘judgment expropriation.’ By an amendment filed on May 21, 1912, the Telegraph Company alleged that it had accepted the p...
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delivered the opinion of the court. The Cloverport Foundry and Machine Company, the defendant in error, brought this suit against F. T- Rounds and S. A. Jesse, Qf Owensboro, Kentucky, in the Breckinridge Circuit Court of that State, to recover the sum of $5,668.65 for work and materials furnished under a contract to repair and rebuild a steamboat formerly known as the ‘R: D. Kendall’ and r...
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237 U.S. 309 (1915) FRANK v. MANGUM, SHERIFF OF FULTON COUNTY, GEORGIA. No. 775. Supreme Court of United States. Argued February 25, 26, 1915. Decided April 12, 1915. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. *318 Mr. Louis Marshall, with whom Mr. Henry C. Peoples and Mr. Henry A. Alexander were on the brief, for appellant. Mr. Warren Grice and Mr. ...
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delivered the opinion of the court. Contest between the mining companies (they were respectively plaintiff and defendants in the trial court and we shall so designate them) as to certain ore bodies lying beneath the surface of the mining claim of defendants, called the Ontario. Plaintiff asserts ownership to the ore bodies by reason of being owner in fee'and in possession of a quartz lode ...
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delivered the opinion of the court. Suit to quiet title to certain described lands brought by plaintiff in error against defendants in error. The parties were respectively plaintiff and defendants in the state courts and we shall so designate them. The facts are as follows : On November 12, 1904, Edward O. Norton made a homestead' entry under the laws of the United States of the ...
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Memorandum opinion by direction of the court, by This action was brought in the state court by an administrator to recover damages for an injury causing the death of the intestate. The injury was received, September 6, 1909, by the decedent, a brakeman, while he was un *370 coupling a car which was being ‘kicked’ to a siding, and recovery was sought because of noncompliance w...
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delivered the opinion of the court. The solution of this controversy requires ascertainment of the heirs of an infant who was enrolled after death, within the intendment of the Supplemental Creek Agreement — Act of June 30, 1902 (c. 1323, 32 Stat. 500). Andrew J. Berryhill, born in May, 1901, died during the following November leaving his father — George Franklin Berryhill — an enrolled Cre...
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delivered the opinion of the court. The opinion in McDougal v. McKay, announced today, ante, p. 372, considers and decides the questions involved in these writs of error and necessitates affirmation of the judgments of the Supreme Court of Oklahoma in both causes. In No. 199, Pigeon v. Buck, all parties were enrolled full-blooded Creek Indians. The allottee, Lowiney Harjo, having re...
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Memorandum opinion by by direction of the court. This is an appeal from the Supreme Court of the Philippine Islands, allowed May 13, 1914. Our jurisdiction de *389 pends on the amount involved; and a motion to dismiss must be sustained unless from a consideration of the whole record it fairly appears that “the value in controversy exceeds twenty-five thousand dollars.” Act of ...
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delivered the opinion of the court. Error to review a judgment of conviction for the violation of a statute of Indiana entitled “An act requirihg the owners and operators of coal mines- and other employers of labor to erect' and maintain wash-houses at certain places where laborers are employed, for the protection of the health of the employés; and providing a penalty for its violation.” Sectio...
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delivered, the opinion of the court. This is an action for personal injuries. The plaintiff, Gray, was a hostler at Antigo, Wisconsin, having various duties as to receiving and preparing engines for departure, including the emptying of their ashes into the cinder pit and seeing that the coals in the pit were wet down. Just before the accident he had visited'the cinder pit, to see' whether ...
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delivered the opinion of the court. This was a. civil action by the United States to recover from the Erie Railroad Company a penalty for each of *403 several alleged violations of the Safety Appliance Act of March 2, 1893, c. 196, 27 Stat. 531, as amended and supplemented by the acts of April 1, 1896, c. 87, 29 Stat. 85; March 2, 1903, c. 976, 32 Stat. 943; and April 14, 1910...
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delivered the opinion of the court. This was an action for penalties under the law of Congress relating to safety appliances. Four violations were charged. One consisted in using a car with a defective coupler and the others in running certain transfer trains without having the requisite percentage of air brakes so connected that they could be operated by the engineer. *411 The first is no lo...
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delivered the opinion of the court. The Armour Fertilizer Works, having recovered in the Circuit Court for Manatee County, Florida, a judgment for about $3,000 against the Parrish Vegetable & Fruit Company, a corporation, sued out a writ of execution against the goods and lands of that company and placed it in the hands of the sheriff, who returned that he was unable to find any property o...
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delivered the opinion of the court. Solomon, the defendant in error, dued to recover for personal injuries suffered by him while he was working as a brakeman.on a switch engine in the yard of the. defendant company at Youngstown, Ohio.. The negligence charged was that the tender of the engine had a defective coupler in that the knuckle and pin on the same could not be worked without going betwe...
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delivered the opinion of the court. This is a suit by the defendant in error to recover reasonable compensation for services rendered in handling grain through its elevators. The plaintiff proved to the sat *433 isfaction of the referee to whom the parties agreed to submit the case that thirty-five cents a ton, the rate demanded, was a reasonable rate. To meet this the defenda...
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delivered the opinion of the court. This is an áppeal from an order of the District Court made, upon a petition of the appellee, the Interstate' Commerce Commission, filed under, the act to regulate commerce, § 12, c. 104, 24 Stat. 379, 383. The order directs the appellant to answer certain questions propounded and to produce certain documents called for by the appellee. There is no doubt ...
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237 U.S. 447 (1915) CUMBERLAND GLASS MANUFACTURING COMPANY v. De WITT AND COMPANY. No. 191. Supreme Court of United States. Argued March 10, 1915. Decided May 10, 1915. ERROR TO COURT OF APPEALS OF THE STATE OF MARYLAND. *448 Mr. Henry H. Dinneen and Mr. Arthur L. Jackson for plaintiff in error. Mr. Thomas G. Hayes and Mr. Lewis W. Lake for defendant in error. MR. JUSTICE DAY delivered the opinio...
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delivered the opinion of the court. In a suit in the Circuit Court of Jackson County, Missouri, wherein the court had jurisdiction of the parties and the subject-matter, Carey McLain secured a decree against M..V. B, Parker for a considerable sum of money. The suit was brought and the decree rendered upon the theory that Parker had fraudulently induced McLain to join him in the purchase of cert...
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dissenting: I do not think that the evidence justifies the decree limiting production as stated. The Chief Justice and Mb. Justice Holmes join m this dissent. See page 678, post, for decree entered in conformity with this.opinion....
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delivered the opinion of the court. This is a bill in equity brought by the appellants, alleging that Healy is the owner of patents for improvements in boxes and machines for making boxes, and that the Healy Box Corporation is the grantee of the exclusive right to make and use the machines and to make, use and sell the boxes containing the patented improvements. The bill next alleges that ...
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delivered the opinion of the court. This is a bill in equity brought by the United States for the cancellation of five patents for timber lands issued to the four individual appellants and one Jordan, all of whom subsequently conveyed the lands to the Booth-Kelly Lumber Company. The ground of the bill is that the entries were made pursuant to an understanding with the Company for the purpose of...
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delivered the opinion of the court. Mary Elizabeth Whitley, the defendant in error, recovered judgment in the District Court for the County of Kootenai. Idaho, for the sum of $5,500 as damages for the death of her son, A. P. Whitley, alleged to have been caused by the negligence of the Railroad Company, the plaintiff in error.' The Supreme Court of the State affirmed the judgment (23 Idaho...
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delivered the opinion of the court. This was an action in the Superior Court of Wake County, North Carolina* under the Employers’ Liability Act of Congress, c. 149, 35 Stat. 65, c. 143, 36 Stat. 291, to recover for personal injuries sustained by the plaintiff in a head-on collision of two passenger trains, of one of which he was the conductor in charge. A trial of the issues resulted in a ...
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delivered the opinion of the court. This is an appeal, taken under § 238, Jud. Code, to review a final order of. the District Court of the United *504 States for the Northern District of California denying appellant’s petition for a writ of habeas corpus to be addressed to appellee, as warden of the State Prison of the State of California, in whose custody appellant alleges he is held in vi...
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delivered the opinion of the court. Clemente Diaz y Gonzalez, residing in Viequez, Porto Rico, there died in April, 1890, leaving a widow and an infant son, the issue of their marriage. The deceased was the recorded owner of a piece of farming property known as Destino, as well as of other pieces of property of small area and value, all of which were his separate estate, having been acquir...
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delivered the opinion of the court. ' ..Conformably to. the authority conferred by the general laws, of Massachusetts to organize fraternal beneficiary *534 corporations, in 1877 there was issued to designated persons a certificate of incorporation under the name of the Supreme Council of the Royal Arcanum. By the constitution and by-laws, referred to in the certificate, the c...
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delivered the opinion of the court. Daniels, the appellant here, was plaintiff in the trial court and appellant in the court below. In stating this case in its opinion the court below mentioned that there were'fifteen other cases under submission in which Daniels also was the plaintiff in the trial court and the appellant before it and that all the cases involved substantially the same legal qu...
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delivered the opinion of the court. These four cases were embraced among the fifteen which were argued by the appellant in one brief. For the appellees, however, they were argued in an elaborate brief which presses upon our attention fifteen different propositions. Without going into detail, however, after giving them all careful examination we think none of them af *569 fords...
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delivered the opinion of the court. These five cases were among the fourteen referred to in the opinion in Daniels v. Wagner, No. 239, just de *571 cided, ante, p. 547. For the appellant they were argued in the brief which was filed in No. 239 and which was stated to be applicable to the-other fourteen cases. But for the appellees a brief was filed applicable to these, five cases. In th...
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delivered the opinion of the court. The printed argument for the appellant in these four cases was presented in the one brief embracing No. 239 and the other fourteen cases referred to in that case, but they were separately briefed for the appellees. The separate brief covers fifteen propositions of law, or it may be in some aspects of intermingled law and fact, each supported by a copious cita...
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delivered the opinion of the court. Included among the fifteen cases which were argued by the appellant in a single brief, this case was separately argued by the appellees. The brief pressed upon our attention seven propositions, all of which we are of opinion *575 are disposed of by the views announced in Daniels v. Wagner, ante, p. 547 (No. 239), since the propositions all in substance ...
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delivered the opinion of the court. Brought in the Circuit Court of the United States for the District of New Jersey and there decided, this case was taken by appeal to the Circuit Court of Appeals for the Third Circuit where the decree of the Circuit Court was affirmed. 207 Fed. Rep. 897. It is here on appeal upon the assumption that the decree of affirmance is susceptible of being here review...
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Memorandum opinion by by direction of the court. The plaintiffs in error, who were plaintiffs below,'alleging themselves to be residents of England and subjects of the Kingdom of Great Britain and Ireland, in 1912 sued the defendants in error to recover a two-thirds interest in a piece of real estate situated in Nebraska. They alleged that John Toop, a resident of Nebraska, who had owned the re...
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after making the foregoing statement, delivered the opinion of the court. It is apparent from the statement which we have made that the ruling as to the question of jurisdiction made in the two previous cases involving the same subject-matter which is here in controversy so far as it concerned the jurisdiction of the court as a Federal court, conclusively demonstrates that the court below ...
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delivered the opinion.of the court. Plaintiff in. error, herein called complainant, by a bill in the chancery court of Lafayette County, State qf Mississippi, attacked the validity and sought to restrain the execution of an act of the State [act of Feb. 27,1912, c. 177, Miss. L. (1912), p. Í92], prohibiting Greek letter fraternities and societies in the State’s educational institutions. Secti...
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delivered the opinion of the court. This is an action for $14.75, damage to furniture in transit from High Point, North Carolina,, to Yarnyille, South Carolina, $4.60 overcharge, and $50 penalty under *601 a South Carolina statute, Civil Code, 1912, § 2573, for a failure to pay the claims within forty days. The defendant contended that the law imposing the penalty was invalid ...
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delivered the opinion of the court. This is a suit upon a policy insuring lumber for one year from May 22, 1909. The policy contained a warranty by the assured that a continuous clear space of one hundred feet should be maintained between the lumber and the mill of the assured and also a provision requiring any waivers to be written upon or attached to the instrument. The lumber was burned...
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delivered the opinion of the court. This is a bill to.quiet title to land in Alabama. It was dismissed by the Circuit. Court, on ■ demurrer and the decree was affirmed without further discussion by the Circuit Court of Appeals. 189 Fed. Rep. 205. 199 Fed. Rep. 989. The plaintiffs and appellants-are children of the late General Hood and were adopted in Louisiana in 1880 by George T. McGehee, who...
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delivered the opinion of the court. This is a suit by a trustee in bankruptcy to recover funds formerly belonging to the bankrupt. The District Court dismissed the bill for want of jurisdiction. The defendants in error admit that the court had jurisdiction of a suit by the trustee to recover property fraudulently transferred by the bankrupt, §§ 23b, 70e, but deny that this is such a suit. ...
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delivered the opinion of the court. This suit was brought by.complainant to enjoin the defendant from the use of the name “Webster” as a trademark and trade-tíame, when applied to the sale of dictionaries. of the English' language. A decree was entered dismissing the bill in the United States District Court (207 Fed. Rep. 515). This decree was affirmed upon ap *620 peal to the...
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delivered the opinion of the court. The appellant, Ebeling, was convicted in the United States District Court for the Eastern District of Missouri of violations of § 189 of the Criminal Code. The indictment contains seven counts. The second, third, fourth, fifth, sixth and seventh charge that, on the twenty-first ■day of January, 1910, said Ebeling did wilfully, knowingly and feloniously tear, ...
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delivered the opinion of the court. This case was submitted at the same time with Ebeling v. Morgan, just decided, ante, p. 625, and involves to a considerable extent the same questions. The appellees, Devine and Pfeiffer, pleaded guilty to an indictment containing two counts in the District Court of the United States for the Eastern Division of the Souther...
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delivered the opinion of the court. This was a suit to enjoin a proposed sale for taxes of 150 acres of land in Idaho acquired under the Carey Act of August 18,1894, § 4, c. 301, 28 Stat. 422, and the amenda *645 tory acts of June 11, 1896, c. 420, 29 Stat. 434, and March 3, 1901, § 3,. c. 853, 31 Stat. 1188, the objection urged against the sale being that the proceedings for ...
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delivered the opinion of the court. This was an action under the Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, and the amendment of April 5, 1910, c. 143, 36 Stat. 291, by an administrator to recover for injuries to, and the. death of, his intestate. The action was for the benefit of the father, there being no surviving widow, child or mother, and the damages sought were...
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delivered the opinion of the court. On April 4,1885, The Hartford Life Insurance Co. issued to Herman lbs a certificate of membership in. its Safety Fund Department which was conducted on the Mutual Assessment plan. The certificate provided that if the policy was kept in force, by the payment of all assessments duly levied upon all the members to create a Mortuary Fund, his wife...
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delivered the opinion of the court. This case is controlled by Daniels v. Wagner, No. 238, ante, p. 547, recently decided. The suit was brought for *675 the purpose of obtaining a decree recognizing the claim of ownership of the complainants to the west half of section 32, Township 11 North, Range 4 East of the Willamette Meridian, County of Le...
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DECREE On consideration of the motion of complainant for final injunction, the application of defendant Duektown Sulphur, Copper & Iron Company, Limited, to show changed conditions, the proof submitted thereon, and of the argument of counsel thereupon had, and the Court being *679 of opinion that by reducing the amount of sulphur discharged into the air. said defendant probabl...
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delivered the opinion of the court. This case is here upon the single question of the jurisdiction of the United States District Court for the Eastern District of Pennsylvania to entertain the action. The suit was begun by the Real Estate Trust Company of Philadelphia, against the Washington-Virginia Railway Company, a corporation of the State of Virginia, , to recover a judgment on certai...
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delivered the opinion of the court. This writ of error brings under review a judgment recovered by a shipper of coal for damages sustained through unlawful discrimination consisting in the secret allowance and payment of rebates to other shippers for whom the carrier was rendering a like and contemporaneous service. 241 Pa. St. 536. The action was brought and the judgment rendered under th...
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after making the foregoing statement, delivered the opinion of the court. 1. Usurpation of a public office, from an early day was treated as a crime and, like all other crimes, could be prosecuted only in the name of the King by his duly authorized law officers. When a judgment was obtained against the intruder he was not only ousted from his office *544 but fined for his crim...
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Motion for leave to file petition for writ of habeas corpus denied....
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Judgment reversed with costs, and case remanded for further proceedings upon the authority of Adams Express Company v. Croninger, 226 U. S. 491; Wells, Fargo & Co. v. Neiman-Marcus Co., 227 U. S. 469; Kansas Southern Railway v. Carl, 227 U. S. 639; Chicago, Rock Island & Pacific Railway v. Cramer, 232 U. S. 490; Seaboard Air Dine v. J. M. Pace Mule Co., 234 U. S. 751....
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Judgment' reversed with costs, and cause remanded for further proceedings upon the authority of Seaboard Air Dine v. Horton, 233 U. S. 492....
Views: 1
Dismissed for the want of jurisdiction upon the authority of (1) Eustis v. Bolles, 150 U. S. 361; Yazoo & Miss. R. R. v. Brewer, 231 U. S. 245, 249; Holden Land Co. v. Interstate Trading Co., 233 U. S. 536, 541; (2) Deming v. Carlisle Packing Co., 226 U. S. 102, 105; Consol. Turnpike v. Norfolk &c. Ry., 228 U. S. 596, 599-600; *607Ennis Water Works v. Ennis, 233 U. S. 652, 658. Mr: George W. Wilbu...
Views: 1
Dismissed for the want of jurisdiction upon the authority of (1) Eustis v. Bolles, 150 U. S. 361; Yazoo & Miss. R. R. v. Brewer, 231 U. S. 245, 249; Holden Land Co. v. Interstate Trading Co., 233 U. S. 536, 541; (2) Chesapeake & Ohio Ry. v. McDonald, 214 U. S. 191, 193; Seaboard Air Line v. Duvall, 225 U. S. 477, 481; Rowe v. Scott, 233 U. S. 658, 663, 664; Cleveland & Pittsburgh R. R. v. Clevelan...
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Final order affirmed upom the authority of Kaizo v. Henry, 211 U. S. 146, 148; Harlan v. McGourin, 218 U. S. 442, 445, 448; Glasgow v. Moyer, 225 U. S. 420, 428, 429; Henry v. Henkel, 235 U. S. 219, 229; see Cohen v. United States, 235 U. S. 696....
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Motion for leave to file petition for writ of mandamus denied....
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Judgment reversed upon the authority of Michigan Central R. R. v. Vreeland, 227 U. S. 59; American Bailroad of Porto Rico v. Didricksen, 227 U. S. 145; Culf, Colorado, &c. Ry. v. McGinnis, 228 U. S. 173; Garrett v. Louisville & Nashville R. R., 235 U. S. 308....
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Dismissed for the want of jurisdiction upon the authority of Covington v. First National Bank, 185 U. S. 270; Heike v. United States, 217 U. S. 423; United States v. Beatty, 232 U. S. 463; see Alexander v. United States, 201 U. S. 117....
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Dismissed for the want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Fay v. Crozer, 217 U. S. 455; Hendricks v. United States, 223 U. S. 178, 184; see Dent v. West Virginia, 129 U. S. 114; Reetz v. Michigan, 188 U. S. 505; Watson v. Maryland, 218 U. S. 173; Collins v. Texas, 223 U. S. 288....
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Dismissed for the want of jurisdiction upon the authority of Chapman v. Bowen, 207 U. S. 89; Blake v. Openyhm, 216 U. S. 322....
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Judgment affirmed with costs, upon the authority of rule 6, clause 5; Micas v. Williams, 104 U. S. 556; The Alaska, 130 U. S. 201; Chanute City v. Trader, 132 U. S. 210, 214; Northern *610Pacific Railroad v. Amato, 144 U. S. 465, 473, and cause remanded to the District Court of the United States for the Eastern District of Pennsylvania. Mr. Joseph Gilfillan and Mr. George S. Graham for the plainti...
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Judgment affirmed with costs upon the authority of Skelton v. Dill, 235 U. S. 206; Adkins v. Arnold, 235 U. S. 417....
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Dismissed for the want of jurisdiction upon the authority of Iowa Central Ry. v. Iowa, 160 U. S. 389; Texas & New Orleans R. R. v. Miller, 221 U. S. 408, 416; Brinkmeier v. Missouri Padfic Ry., 224 U. S. 268; Washington v. Miller, 235 U. S. 422, 429....
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Judgment affirmed, with costs, upon the authority of Engel v. O’Malley, 219 U. S. 128; Noble State Bank v. Haskell, 219 U. S. 104....
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Dismissed for the want of jurisdiction upon the authority of Eustis v. Bolles, 150 U. S. 361; Yazoo & Miss. V. R. R. v. Brewer, 231 U. S. 245; Holden Land Co. v. Interstate Trading Co., 233 U. S. 536....
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Dismissed for the want of jurisdiction upon the authority of Thomas v. Iowa, 209 U. S. 258; Mallers v. Commercial Loan & Trust Co., 216 U. S. 613; Appleby v. Buffalo, 221 U. S. 524, 529; Cleveland & Pittsburgh R. R. v. Cleveland, 235 U. S. 50, 53....
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Dismissed for the want of .jurisdiction upon the authority of Bevins v. Ramsey, 11 How. 185; Deland v. Platte County, 155 U. S. 221; Behn v. Campbell, 205 U. S. 403, 407....
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Dismissed for the want of jurisdiction upon the authority of § 241, Judicial Code; Whitney v. Dick, 202 U. S. 132; Lau Ow Bew v. United States, 144 U. S. 47, 58; Kurtz v. Moffitt, 115 U. S. 487, 498....
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Dismissed for want of jurisdiction upon the authority of (1) Consolidated Turnpike v. Norfolk &c. Railway Co., 228 U. S. 596, 600; Manhattan Life Insurance Co. v. Cohen, 234 U. S. 123, 137; Easterling Lumber Co. v. Pierce, 235 U. S. 380; (2) Mugler v. Kansas, 123 U. S. 623; Rippey v. Texas, 193 U. S. 504; Eberle v. Michigan, 232 U. S. 700....
Views: 1
Dismissed for want of jurisdiction upon the authority of Waters-Pierce Oil Co. v. Texas (No. 2), 212 U. S. 112, 118; Deming v. Carlisle Packing Co., 226 U. S. 102; Overton v. Oklahoma, 235 U. S. 31....
Views: 0
Dismissed for want of jurisdiction upon the authority of Aspen Min. & Smelting Co. v. Billings, 150 U. S. 31; Brown v. Alton Water Co., 222 U. S. 325; Union Trust Co. v. Westhus, 228 U. S. 519; Shapiro v. United, States, 235 U. S. 412....
Views: 2
Dismissed for want of jurisdiction upon the authority of (1) Waters-Pierce Oil Co. v. Texas (No. 2), 212 U. S. 112, 118; Deming v. Carlisle Packing Co., 226 U. S. 102; Overton v. Oklahoma, 235 U. S. 31; (2) Northern Pacific Railroad v. Herbert, 116 U. S. 642; Hayes v. Missouri, 120 U. S. 68; Howard v. Kentucky, 200 U. S. 164. Mr. R. G. Pleasant and Mr. Daniel Wendling for the defendant in error....
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Judgment reversed with costs and cause remanded for further proceedings upon the authority of Mullen v. United States, 224 U. S. 448; Skelton v. Dill, 235 U. S. 206; Adkins v. Arnold, 235 U. S. 417....
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Dismissed for want- of jurisdiction upon the authority of Carey v. Houston & Texas Central Ry., 150 U. S. 170; Cornell v. Green, 163 U. S. 75; Empire State-Idaho Mining &c. Co. v. Hanley, 205 U. S. 225; Childers v. McClaughry, 216 U. S. 139....
Views: 0
Dismissed for want of jurisdiction upon the authority of Bagley v. General Fire Extinguisher Co., 212 U. S. 477; Weir v. Rountree, 216 U. S. 607; Shulthis v. McDougal, 225 U. S. 561; St. Anthony Church v. Pennsylvania R. R., 237 U. S. 575....
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Dismissed for want of jurisdiction upon the authority óf Chapman v. Bowen, 207 U. S. 89, 91; J. W. Calnan Co. v. Doherty, 224 U. S. 145; Synnott v. Tombstone Consol. Mines Co., 234 U. S. 749. See U. S. Fidelity Co. v. Bray, 225 U. S. 205....
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Dismissed for want of jurisdiction upon the authority of United States v. Krall, 174 U. S. 385; German National Bank v. Speckert, 181 U. S. 405; United States v. Beatty, 232 U. S. 463....
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Judgment affirmed with costs upon the authority of First National Bank v. Littlefield, 226 U. S. 110, 112; Texas & Pacific Ry. v. Louisiana R. R. Commission, 232 U. S. 338; Greey v. Dockendorff, 231 U. S. 513....
Views: 1
Dismissed for want of jurisdiction upon the authority of Deming v. Carlisle Packing Co., 226 U. S. 102, 105; Consolidated Turnpike v. Norfolk &c. Ry. Co., 228 U. S. 596, 600; Parker v. McLain, 237 U. S. 469, 471-472....
Views: 0
Dismissed for want of jurisdiction upon the authority of (1) Phœnix Ry. Co. v. Landis, 231 U. S. 578, 582; John v. Paullin, 231 U. S. 583; (2) Hallinger v. Davis, 146 U. S. 314; Maxwell v. Dow, 176 U. S. 581; Jordan v. Massachusetts, 225 U. S. 167, 176; Frank v. Mangum, 237 U. S. 309, 340....
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Motion for leave to file petition for writ of mandamus denied....
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Judgment affirmed, with costs, upon the authority of (1) Michigan Central Railroad v. Vreeland, 227 U. S. 59; American Railroad of Porto Rico v. Didricksen, 227 U. S. 145; Gulf, Colorado &c. Ry. v. McGinnis, 228 U. S. 173; Garrett v. Louisville & Nashville R. R., 235 U. S, 308; St. Louis & Iron Mountain Ry. v. Craft, 237 U. S. 648; Kansas City Southern Ry. v. Leslie, 238 U. S. 599; (2) Barron v. B...
Views: 0
Judgment affirmed, with costs, by a divided court and cause remanded to the District Court of the United States for the District of Pennsylvania. Note: December 20, 1915. Petition for rehearing granted, judgment of November 15 vacated and set aside, and case restored to the docket for re-argument....
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Dismissed for the. want of jurisdiction upon, the authority of (1) Leathe v. Thomas, 207 U. S. 93; Yazoo & Miss. Valley R. R. v. Brewer, 231 U. S. 245, 249; The Mellon Company v. McCafferty, this day decided, ante, p. 134; (2) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 314; Consolidated Turnpike Co. v. Norfolk &c. Ry., 228 U. S. 596, 600; Easterling Lumber Co. v. Pierce, 235 U. S. 3...
Views: 1
Dismissed for want of jurisdic- tion upon the authority of (1) Consolidated Turnpike v. Norfolk &c. Ry. Co., 228 U. S. 596, 600; Manhattan Life Ins. Co. v. Cohen, 234 U. S. 123, 137; Easterling Lumber Co. v. Pierce, 235 U. S. 380; (2) Lancaster v. Thacker, 239 17. S., ante, p. 625; Wallbrecht v. Ingram, 239 U. S., ante, p. 625; (3) Waters-Pierce Oil Co. v. Texas (No. 2), 212 U. S. 112, 118; Deming...
Views: 0
Judgment affirmed with costs upon the authority of Chicago, Burlington & Quincy R. R. v. McGuire, 219 U. S. 549; Philadelphia, Baltimore & Washington R. R. v. Schubert, 224 U. S. 603....
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Dismissed for want of jurisdiction upon the authority of Eustis v. Bolles, 150 U. S. 361; Wood v. Chesborough, 228 U. S. 672, 677; New Orleans & N. E. R. R. v. National Rice Milling Co., 234 U. S. 80, 86; Mellon Co. v. McCafferty, 239 U. S., ante, p. 134....
Views: 0
Dismissed for want of jurisdiction upon the authority of Wabash R. R. v. Hayes, 234 U. S. 86....
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Dismissed for want of jurisdiction upon the authority of (1) Cosmopolitan Mining Co. v. Walsh, 193 U. S. 460; Farrell v. O’Brien, 199 U. S. 89; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 235-236; (2) Arbuckle v. Blackburn, 191 U. S. 405; Hull v. Burr, 234 U. S. 712, 720; Merriam Co. v. Syndicate Publishing Co., 237 U. S. 618, 621....
Views: 0
Judgment affirmed with costs upon the authority of Atkin v. Kansas, 191 U. S. 207; Heim v. Mc*635Call, 239 U. S., ante, p. 175; Crane v. New York, 239 U. S., ante, p. 195. Mr. Joseph S. Goldsmith for the plaintiff in error. Mr. Edgar Allan Poe for the defendant in error....
Views: 6
delivered the opinion of the court. As the successor to the rights of the Northern Pacific Railroad Company the Railway Company, plaintiff in error, sued to recover a piece of land alleged to be within the strip 400 feet wide granted by the act of Congress of July 2, 1864, to the former company as a right of way. (13 Stat. 365, c. 217.) The asserted right to a reversal of the decree which ...
Views: 4
delivered the opinion of the court. Sections 2574 and 2575 of the Civil Code of South Carolina (1912) provide in part as follows: “ All common carriers over whose transportation lines, *390 or parts thereof, any freight, baggage or other property received by either of such carriers for through shipment or transportation by such carriers on a contract for through carriage, recognized, acquie...
Views: 6
delivered the opinion of the court. . Habeas corpus prosecuted in the Supreme Court of the State of California for the discharge of plaintiff in error from the custody of defendant in' error, Chief of Police of the City of Los Angeles. Plaintiff in error, to whom we shall refer as petitioner, was convicted of a misdemeanor for the violation of an ordinance of the City of Lo...
Views: 25
delivered the opinion of the court. Suit to quiet title brought by Johnson, defendant in error, in the district court of Grady County, State of Oklahoma, against plaintiffs in error. The contention of defendant in error is that the land was an allotment to one Selin Taylor, a member of the Choctaw Tribe of Indians by blood; that on November 22, 1904, a patent was duly issued to him executed b...
Views: 9
delivered the opinion of the court. Action for damages brought against the Chicago, Rock .Island & Pacific Railway Company and Frank Drake as defendants in the Circuit Court of Clinton County, State of Missouri. The action was for personal injuries inflicted upon defendant in error by Drake, who was a conductor on a train of the railway company. It is alleged that Drake, “w...
Views: 8
delivered the opinion of the court. Action for the recovery of $15,000 on account of injuries sustained by defendant in error while a guest at the hotel of plaintiff in error, caused by the negligence of the latter and in violation of a law of the State of Nebraska. Plaintiff in the case, defendant in error here, alleges that the plaintiff in error was the proprietor and operator of w...
Views: 27
delivered the opinion of the court. This is a petition for a writ of mandamus to direct the judges and clerk of the District Court for the District of Massachusetts to allow the petitioner access to depositions and exhibits on file in a certain case but now sealed by order of the court. The facts alleged shortly stated are as follows. The case referred to was an action by the Government against...
Views: 13
delivered the opinion of the court. This is a suit to enjoin the State Board of Equalization and the Colorado Tax Commission from putting in force, and the defendant Pitcher as assessor of Denver from obeying, an order of the boards increasing the valuation of all taxable property in Denver forty per cent. The order *444 was sustained and the suit directed to be dismissed by the Süpreme Court...
Views: 35
delivered the opinion of the court. The Dáyton Coal and Iron Company, Limited, hereinafter called the Dayton Company, filed its bill in the Chancery Court at Chattanooga, Tennessee, seeking to enjoin the Cincinnati, New Orleans & Texas Pacific Railway Company, generally known as, and hereinafter called, the Southern Railway, from prosecuting a certain suit in the United States C...
Views: 8
delivered the opinion of the court. Joseph M. Wagner brought this action in the Superior Court of Cook County, Illinois, against the Chicago & Alton Railroad Company to recover damages for injuries alleged to have been sustained through its negligence. At the time of the accident, he was employed by the Chicago, Burlington & Quincy Railroad Company as a conductor in charge of a switching c...
Views: 6
delivered the opinion of the court. Defendant in error Byrne brought suit against Kaleiki in the District Court of Honolulu and served the navigation company with a garnishee summons in accordance with the local statute. Answering, the company set up that Kaleiki was hired directly by it (not through a shipping commissioner) as a mate on the “Claudine,” plying only in the inter-island coas...
Views: 8
delivered the opinion of the court. Relying upon the Federal Employers’ Liability Act, plaintiff in error brought suit against the railway company-in the District Court to recover damages for her husband’s death, alleged to have resulted from the negligent and improper construction and maintenance of its tracks in too close proximity to each other. At the conclusion of plaintiff’s tes...
Views: 11
delivered the opinion of the court. The act of July 31, 1912, § 1, c. 263, 37 Stat. 240, makes it unlawful “to bring or to cause to be brought into the United States from abroad, any film or other pictorial representation of any prize fight or encounter of pugilists,, under whatever name, which is designed to be used or may be used for purposes of public exhibition.” With this provision in forc...
Views: 12
delivered the opinion of the court. Action for personal injuries brought by J. T. Bigger against plaintiff in error and the International & Great Northern Railway Company and the St. Louis, Iron Mountain & Southern Railway Company in the state district court of Bexar County, Texas. The case made by Bigger’s pleading was this: Bigger was a passenger upon the Texas & Pacific Railwa...
Views: 1
delivered the opinion of the court. This is a suit for personal injuries suffered by the plaintiff (defendant in error,) while acting as fireman upon and in charge of a defective engine that had been picked up by a train. He had been kept on duty for more than *343 sixteen hours, and, as we take it for present purposes, contrary to the act of March 4, 1907, c. 2939, § 2, 34 St...
Views: 7
delivered the opinion of the court. This is a claim for extra expenses incurred in performing a contract to build a dam and certain accessories on the Yamhill River, Oregon. The contract was made on March 11, 1898, and required the claimants to begin work as prescribed by paragraph 41 of the specifications, to complete the keeper’s dwelling, &c. within sixty days from notification, and the...
Views: 3
delivered the opinion of the court. This is an action under the Safety Appliance Act and Employers’ Liability Act. The plaintiff (defendant in error,) was a switch foreman and was breaking up a train that had come into his State from the west. At the moment when he was hurt he had three cars attached to a switching engine; the rear one consigned to Duluth, and to be switched to another tra...
Views: 18
delivered the opinion of the court. This is an action brought by the defendant in error for causing the death of her intestate, J. T. Koennecke. The latter was run over by a train of the plaintiff in error (the defendant,) while acting as switchman in the defendant’s yard at Cayce, South Carolina. The declaration alleged reckless negligence, and set out that the wife and four children name...
Views: 18
after making the foregoing statement, delivered the opinion of the court. The motion to dismiss must be denied. It sufficiently appears from the amended bill that jurisdiction did not depend solely upon the citizenship of the respective *362 parties but that the controversy involved, with other questions, the construction of the act of Congress. prescribing the authority of th...
Views: 15
delivered the opinion of the court. The facts bearing upon the questions presented by this appeal are these: On his voluntary petition Oscar M. Hartzell, a resident of Madison County, Iowa, was adjudged a bankrupt. He owned 960 acres of land in that county, 40 acres of which he and his family had been and were occupying as a homestead. Three mortgages in terms covering all the land had bee...
Views: 11
delivered the opinion of the court. The decree which the appellant seeks to reverse affirmed one rendered by the court of first instance rejecting her demand for a divorce from her husband and for a liquidation and partition of the property belonging to the legal community which existed between them. At the outset we say that we think there is no foundation for the suggestion that we are w...
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delivered the opinion of the court. Mandamus prosecuted by plaintiff in error as petitioner against defendants in error, respondents, as and composing *306 the Board of Election Commissioners of the city and county of San Francisco, to compel her registration as a qualified voter of the city and county, in the appropriate precinct therein. An alternative writ was issued but a permanent writ...
Views: 16
Memorandum opinion by by direction of the court.. Plaintiffs in error, having acquired easements and rights of way over certain lands in the State of Utah, con *324 structed thereon connecting canals to convey water intended for irrigation purposes. Relying upon the provisions of a statute of that State (Compiled Laws, 1907, § 1288 x 22) copied in the margin, 1 ...
Views: 9
delivered the opinion of the court. •The court below affirmed a decree of the trial court dismissing a bill filed by the plaintiff in error to enjoin the collection of state, county and city taxes assessed against it for the year 1910. 38 Oklahoma, 534. The ground for relief alleged was that the assessment had been unlawfully made as the result of an agreement between the city assessor and...
Views: 10
delivered the opinion of the court. Chieng Ah Soon, a Chinese merchant residing in Manila, proposing to go to China, took a certificate which was susceptible of being used to identify him for the purpose of reentry in case of his return. About a year afterward, July 19, 1910, Ah Soon returned accompanied by two persons asserted to be his minor sons, one Ah Luy, said to be twenty, and the other,...
Views: 0
delivered the opinion of the court. The appellant, who was complainant below, as the owner of certain shore land abutting on a stretch of water *146 in or near the upper end or far corner of Lake Superior, from one point of view sued to quiet his title to the whole or a part of a certain island which had emerged from the waters in front of his land, or considered from the same...
Views: 11
delivered the opinion of the court. By this writ there is brought here for review a decree of the Circuit Court of Appeals affirming an order for an *157 interlocutory injunction against the infringement of certain letters patent. The Circuit Court of Appeals considered the question in the case to be the narrow one whether the injunction was properly granted. Petitio...
Views: 1
delivered the opinion of the court. Suit to quiet title, brought in the district court of Hughes County, State of Oklahoma, and in which plain *171 tiff in error was plaintiff and defendants in error defendants, and we shall so designate them. The case concerns the inheritance of an . allotment to one Ben Porter, a Creek citizen and member of the Tribe of the Creek Nation. Plaintiff contend...
Views: 8
After stating the case as above, delivered the opinion of the court. There seems to have been no question raised as to the right of Heim to maintain the suit, although he is not one of the contractors nor a laborer of the excluded nationality or citizenship. The Appellate Division felt that there might be objection to the right, under the holding of a *187 cited case. The Court of Appeals, ...
Views: 24
delivered the opinion ,of the court. This case was argued and submitted with Heim v. McCall, ante, p. 175, just decided. It involves the criminal feature of § 14 of the Labor Law of the State which was the subject of the opinion in Heim v. McCall, ante, p. 175. It provided that a violation of the section should constitute- a misdemeanor and be punished by fine or imprisonment, or by bot...
Views: 20
delivered the opinion of the court. The plaintiff (defendant in error), was a fireman employed by the defendant. On October 5, 1907, he was injured by its negligence while working upon a train-running from South Carolina to North Carolina. He brought this *200 action on January 7, 1910, and judgment was ordered for a certain sum by the Supreme Court of the State. 163 N. Car. 186. The Supreme ...
Views: 16
delivered the opinion of the court. This is a claim for injuries to the steamship Stillwater while under charter to the United States from May 16, 1898, to November 3, 1898, and for demurrage from November 2 to December 14, 1898, while the vessel was undergoing repairs. It was rejected by the Court of Claims on the authority of Plant Investment Co. v. United States,. 45 ...
Views: 11
delivered the opinion of the court. Phillip Wagner, a corporation, filed its bill on behalf of itself and other taxpayers owning property in Baltimore City, adjoining or abutting upon a public highway which has been paved with improved paving without having been assessed -for any part of the cost thereof, and who are similarly situated with the complainant, who is the owner of certain real...
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*227After making the foregoing statement, delivered the opinion of the court. The contract in this case and the release above set forth are in the form shown in United States v. Cramp, 206 U. S. 118,. and except for the considérations to be later dealt with, the present case is ruled by that unless relief in equity can be had, for it was there held that a release executed in the matter of the con...
Views: 0
delivered the opinion of the court. These cases were argued at the same time and may be considered together. They are appeals from the decision of the Circuit Court of Appeals of the Eighth Circuit, by *237 which the present appellant, as Treasurer of the State of South Dakota, was enjoined from assessing certain taxes levied against the appellees by the State Board of Assessm...
Views: 9
delivered the opinion of the court. Under the laws of Nebraska (Laws 1905, ch. 161; Laws 1909, ch. 147; Cobbey, Ann. Stat., §§5561-5597; Rev. .Stat.-19-13, §§ 1797 et seq.) the District Court of the State made an order organizing “Drainage District No. 2 *246 of Dakota County.” The lands embraced within the district lay to the southeast of the village of Jackson and...
Views: 17
delivered the opinion of the court. The plaintiffs in error, owners of several thousand acres embraced within the Little River Drainage District, of Missouri, brought this suit to restrain the collection of. a tax of twenty-five cents per acre levied generally upon the lands within the district for the purpose of paying its preliminary expenses. The district was organized in 1907 under the...
Views: 19
after making the foregoing statement, delivered the opinion of the court. The referee and, the courts below held the contract to be one of conditional sale, that is, one making full payment of the purchase price a condition precedent to the passing of title, and this is criticised by the trustee, who insists that the contract was one of absolute sale with a chattel mortgage back securing t...
Views: 18
delivered the opinion of the court. In June, 1913, the Corporation Commission of the State of Arizona made an order directing appellant to. double-track its line of street railway on West Washington Street in the City of Phoenix, in that State, between Seventh and Seventeenth Avenues, a distance of ten blocks; the work to be commenced within 30 days from the date of the order and completed...
Views: 13
delivered the opinion of the court. This suit was' commenced by the present appellant in the District Court of San Juan to set aside as null and void certain possessory proceedings instituted by Paula Chaves in the vear 1895 with respect to an estate containing 50 cuerdas of land, situate at a place known as Honduras, in the ward of Sabana Llana, in the Municipality of Rio Piedras, Porto Rico, ...
Views: 2
delivered the opinion of the court. The Court of Errors and Appeals of New Jersey sustained a tax for the year 1906 levied by the State Board of Assessors, under the railroad and canal tax act of 1884 and supplements thereto, upon the canal and appurtenances leased by the Morris Canal and .Banking Com *130 pany to the Lehigh Valley Railroad. 26 N. J. L. 627. Plaintiffs in erro...
Views: 2
delivered the opinion of the court. W. G. Henry, who had leased to Cornelius B. Parker, a married man, two farms, one Rio Hondo containing 440 acres and the other El Quinto embracing 278 acres, gave him in writing an option to buy both for the sum of $37,000 in gold payable on or before May 1,1911. Shortly before that period Parker and the Successors of A. Monroig, a sugar manufacturing corpo...
Views: 0
delivered the opinion of the court. This is a suit by the United States to recover the increased cost of transportation for coal, above a price that the defendant had agreed to accept for the service; the latter having notified the Government that it would not furnish the steamers agreed. There is no dispute as to the facts. On November 9, 1909, the plaintiff requested in writing that the ...
Views: 21
delivered the opinion of the court. This case comes to this court on a writ of error to the Supreme Court of the Philippine Islands, the purpose of which is to review a judgment of that court, affirming a j udgment of the Court of First Instance of Manila, which reversed a decision of the Insular Collector as to the proper classification under the tariff act of a certain commodity, known a...
Views: 9
delivered the opinion of the court. This suit was brought by Samuel J. Campbell against the Southern Railway Company to recover damages for the wrongful forfeiture of the plaintiff’s mileage book. The Company sought to justify the forfeiture under its tariff regulations which had been duly filed with the Interstate Commerce Commission. The defense was overruled by the state court. 94 So. Car. 9...
Views: 0
delivered the opinion of the court. The Provident Savings Life Assurance Society, a New York corporation, transacted business in Kentucky prior *107 to January 1, 1907, and paid the annual license tax of two per cent, on premiums. Kentucky Statutes, § 4226. This suit was brought by the Commonwealth to recover the tax on premiums received in the years 1907 to 1911, inclusive. T...
Views: 18
delivered the opinion of the court. This is an indictment under § 240 of the Criminal Code making it a punishable offense knowingly to “ship or cause to be shipped from one State, . . . into any other State, . . . or from any foreign country into any State, . . .” any package of or containing intoxicating liquor of any kind, “unless such package be so labeled on the outside cover as to plainly ...
Views: 17
delivered the opinion of the court: This is an appeal from a decree of the District Court dismissing a bill of complaint for want of jurisdiction; the jurisdiction having been invoked upon the ground that the suit was between citizens of different States, and that the matter in controversy exceeded the sum or value of three thousand dollars (Jud. Code, § 24; act of March 3, 1911, c. 231, 3...
Views: 22
Memorandum opinion by by direction of the court. The recovery under the Employers’ Liability Act in the trial court, affirmed by the intermediate and supreme court, was for the damage caused.by the death of Mason through the negligence of the defendant company. 266 *54 Illinois, 248. Two propositions are relied upon for reversal: first, a refusal to instruct a verdict on...
Views: 11
Memorandum opinion by by direction of the court. Tri reverse a judgment rendered by the Ohio Court of Appeals of the Seventh Appellate District on the ground of *56 Federal errors committed, this writ of error is prosecuted to that court. There is a motion to dismiss based on the ground that the court of last authority, the Supreme Court of the State, was the highest cou...
Views: 8
delivered the opinion of the court. This is a proceeding for the taking of land for the Ashokan reservoir, similar to the one before us in McGovern v. New York, 229 U. S. 363. After Commissioners were appointed to ascertain the compensation to be paid the case was removed to the Circuit Court, diverse citizenship being alleged. There was a motion to remand which was overruled and subsequent...
Views: 19
delivered the opinion of the court. This is a' suit to cancel a so-called trust patent for an allotment in the Whi4 Earth Indian Reservation in Minnesota on the ground that the allotment was made inadvertently and in contravention of the act of January 14, 1889, c. 24, 25 Stat. 642, known as the Nelson Act. In the Circuit Court there was a decree dismissing the bill *64 upon t...
Views: 20
delivered the opinion of the court. This was an action to recover a tax alleged to have been erroneously imposed upon respondent for the year 1910 under the Corporation Tax Act of August 5, 1909 (36 Stat. 112, c. 6, § 38), and paid under protest, respondents contending that in ascertaining its net income for the purposes of the tax the entire amount of the interest paid by it within the ye...
Views: 13
delivered the opinion of the court. This casé is brought here under the Criminal Appeals Act (c. 2564, 34 Stat. 1246), to review a judgment of the District Court (221 Ped. Rep. 140), sustaining a demurrer to an indictment founded upon § 32 of the Criminal Code of March 4, 1909 (c. 321, 35 Stat. 1088, 1095). By that section these offenses are prohibited: (1) With intent to defraud either the U...
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delivered the opinion of the court. This controversy arose in a bankruptcy proceeding and was begun in the United States District Court for the Northern District of Georgia. Appellant claims that it holds a valid lien on certain real estate in the city of Athens, formerly the property of the bankrupt, Webb, under a mortgage deed executed by him November 6,1911, *82 but not recorded until noon...
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delivered the opinion of the court. This action originated in a petition for mandamus filed in the District Court of Wyandotte County, Kansas, by defendant in error against plaintiff in error to require the latter to account for the .sum of $30,840.24 alleged to be due defendant in error under certain taxing statutes of the State. Judgment was entered for defendant in error which was affirmed...
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delivered the opinion of the court. The. facts certified are simple. One Dooling, being required to give an official bond, applied in Springfield, Illinois, to an agent of the plaintiff, in error, a bonding company having its home office in. Baltimore, Maryland, was informed that the Company would become his surety only on condition that he furnish indemnity, and was handed a printed form ...
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delivered the opinion of the court. This case first came here by appeal from the Supreme Court of Arizona while Arizona was still a territory. Before the decision by this court Arizona became a State, and the judgment, so far as now in controversy, having been reversed, the case was remanded “for such further proceedings as may not be inconsistent with the opinion of this Court,” the formula us...
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Memorandum opinion by by direction of the court. This case-was begun in the District Court of the United States for the Southern District of Florida, upon a bill praying to have the title to certain lands decreed to be held in trust for complainant by the Board of Trustees of the Internal Improvement Fund of Florida, and to recover lands deeded to others but likewise held in trust fo...
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delivered the opinion of the court. Under the initiative provision of the constitution of Arizona (Art. IV, § 1), there was adopted the following measure which was proclaimed by the Governor as a law of the State on December 14, 1914: “An act to protect, the citizens of the United States in their employment against non-citizens of the United States, in Arizona, and to provide penalties and punishm...
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delivered the opinion of the court. This was a suit to quiet the title to a strip of land claimed and used by the plaintiff as a railroad right of way under the act of March 3, 1875, c. 152, 18 Stat. 482, and to which the defendants asserted title under a patent for a placer mining claim. At the trial the facts were specially found and judgment for the defendants was entered upon the findi...
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Memorandum opinion by by direction of the court. Whether this suit between citizens of the same State is one arising under the patent laws is the only question presented by this direct appeal under Jud. Code, § 238. The District Court gave a negative answer to the question and dismissed the suit for want of jurisdiction. The bill shows that its dominant and'ultimate object is to...
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Memorandum opinion by by direction of the court. The question presented upon this writ of error is “so frivolous as not to need further argument,” and the motion to affirm the judgment below must be granted. (Rule 6, § 5.) Basing his claim upon the Employers’ Liability Act of April '22, 1908, c. 149, 35 Stat. 65, Marion Donat began the original action in the United States Distri...
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Memorandum opinion by by direction of the court. The plaintiffs in error prosecute this writ under the assumption that the court below denied rights asserted *3 by them under the Constitution, by refusing as prayed, to return papers taken from them under a search warrant and in permitting the papers over objection to be offered in evidence. There is no bill of exceptions in the record and n...
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delivered the opinion of the court. The petitioners are Russians seeking to enter the United States. They have been detained for deportation by the Acting Commissioner of Immigration and have sued out a writ of habeas corpus. The writ was dismissed by the District Court and the Circuit Court of Appeals. 211 Fed. Rep. 236. 215 Fed. Rep. 573. 131 C. C. A. 641. By the return it app...
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Memorandum opinion by by direction of the court. The I. Rheinstrom & Sons Company was adjudged a bankrupt in April, 1912. Liens upon its property were claimed by appellees under a Kentucky statute which appellants (general creditors) maintained contravened the Fourteenth Amendment to the Constitution of the United States. Overruling the Referee, the District Court allowed the liens (...
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delivered the opinion of the court. This case is before us on a certificate drawn by the . court below as the basis of two questions which are submitted for our solution in order to enable the court corretítly to decide issues in a case which it has under consideration. Those issues arose from an indictment and conviction of certain election officers of the State of Oklahoma (the plaintiffs in ...
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delivered the opinion of the court. This is an indictment under § 19 of the Criminal Code, Act of March 4, 1909, c. 321, 35 Stat. 1088, 1092. It was demurred to and the demurrer was sustained by the District Court on the ground that the section did not apply to the acts alleged. As the judgment on the face of it turned upon the construction of the statute the United States brought the case to this...
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After stating the case as above, delivered the opinion of the court. A direct and simple description of the case would seem to be that it presents for judgment a few provisions in two acts of Congress which'neither of themselves nor from the context demand much effort of interpretation or construction. But the case has never been considered as having that simple directness. A bill wh...
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delivered the opinion of the court. This case was brought in the Supreme Court of New York to recover damages for injuries sustained by the plaintiff while in the employ of the defendant Railroad Company. The complaint charged that the injuries were received while the plaintiff was employed in the defend- . ant’s colliery in Luzerne County, Pennsylvania. As to the manner of injury the comp...
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delivered the opinion .of the court. This is a writ of error to review a judgment of the Supreme Court of Illinois, which affirmed a judgment of the Municipal Court of Chicago, finding the plaintiff in error guilty of a violation of the ‘Pure Food’ statute of that' State and imposing a fine. 257 Illinois, 587. The violation consisted of a sale in Chicago of a preservative compound kno...
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delivered the opinion of the court. This suit was brought in January, 1912, by the Clark Brothers Coal Mining Company (defendant in error) in the Court of Common Pleas of Clearfield County, Pennsylvania, to recover damages for inadequate and unjustly discriminatory car service and supply. The complaint related to the action of the defendant company with respect to cars required for the tra...
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delivered the opinion of the court. During the years 1906 and 1907, Naylor & Company— a firm of which the plaintiff in error is surviving partner— were shippers of pyrites cinder over the lines of the defendants in error from Buffalo, New York, to points in Pennsylvania and New Jersey. The published rate was $2 per gross ton. On April 4, 1908, these shippers filed a complaint with the Inte...
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delivered the opinion of the court. This was an action against a telephone company by one of its patrons to recover penalties .at the rate of $100 per day for 63 days for alleged discrimination against the plaintiff, the right of recovery being grounded upon a statute of Arkansas, Kirby’s Digest, § 7948, reading as follows: “Every telephone company doing business in this State and eng...
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after making the foregoing statement, delivered the opinion of the court. There have been two statutes in Wisconsin relating to *498 letting down the upper berth when the lower was occupied. The first 1 left the matter to the decision of the occupant of the lower berth. The second 2 absolutely prohibits the upper from being let down before it is engaged o...
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delivered the opinion of the court. D. W. Ford was a traveling salesman who was much of the time on the road, but considered Madisonville, Texas, as his home. On September 16, 1912, he shipped from that place to the Walker-Edmond Company, at Chicago, a package containing a ring with “ C. O. D. charges thereon amounting to $35.” When the package arrived in Chicago, it was tendered to the co...
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delivered the opinión of the court. 1. On January 12, 1912, Enoch L. White was killed in a rear end collision while employed as brakeman on the Vermont Central, an interstate Railway. His Administratrix sued the Company, in a Vermont court, for “the benefit of the widow and next of kin, minor children.” The jury returned a verdict of $7,168. The judgment thereon was affirmed by the Supreme...
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after making the foregoing statement of facts, delivered the opinion of the court. The Commodity Clause of the Hepburn Act was intended to prevent railroads from occupying the dual and inconsistent positions of public carrier and private shipper; and, in order to separate the business of transportation from the business of selling, that statute made it unlawful for railroads to transport i...
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after making the foregoing statement, delivered the opinion of the court. In order to simplify matters, we will dispose at the outset of a point that was ruled by the Circuit Court of Appeals in favor of plaintiff in error. As tending to sustain the ruling of the trial judge in directing a verdict for defendant, it was and is insisted that the 640 acre grants which figure in defendant’s ch...
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after making the foregoing statement, delivered the opinion of the court. We have here a trust declared in writing by the late Judge Hartwell, of Hawaii, a man of ample means and of long experience as a practicing lawyer and judge, the father of seven daughters, four married, three unmarried, of whom five were named and in some way provided for in •the trust instrument. The subject of the contr...
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238 U.S. 586 (1915) BRAND v. UNION ELEVATED RAILROAD COMPANY. No. 268. Supreme Court of United States. Argued May 6, 7, 1915. Decided June 21, 1915. ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. *587 Mr. Harry S. Mecartney and Mr. John S. Miller for plaintiff in error. Mr. Roger L. Foote, with whom Mr. Addison L. Gardner, Mr. Randall W. Burne and Mr. Francis W. Walker were on the brief, fo...
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delivered the opinion of thé court. In May, 1913, Sam É. Leslie, administrator, brought this suit under the Federal Employers’ Liability - Act (35 Stat. 65), as amended April 5, 1910 (36 Stat. 291), against the Kansas City Southern Railway Company in -the Circuit Court, Little River County, Arkansas, alleging that the injury and death of Leslie Old (March 24, 1913) resulted from its neglig...
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delivered the opinion of the court. If the statutes which control the question for decision in this case and their significance as settled by the decisions of this court long prior to the commencement of this suit be at once stated, it will serve to clarify and facilitate the analysis of the issue to be decided. Section 4 of the act of Congress of August 13, 1888, c. 866, 25 Stat. 433, provided...
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delivered the opinion of the court. Appeal to review a decree of the Supreme Court of Hawaii which reversed a decree of the circuit judge of the first judicial circuit enjoining the prosecution of an action of ejectment brought by Mary H. Atcherley, one of the appellees, against appellant for the recovery of certain described lands, decreeing that appellant had the equitable title to the l...
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delivered the opinion of the court. This is a suit originally brought by the defendant in error against the Semmes-Kelly Company in the Supreme Court of the District to recover $10,596.45 for goods sold. There was an attachment of a stock of goods that were worth much more than the judgment finally recovered, but never were, formally appraised, and the next day the plaintiff in error as su...
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delivered the opinion of the court. The Equitable Life Assurance Society of the United States, the plaintiff in error, does business in Pennsylvania. By an act of June 28, 1895, that State levies an annual tax of two per cent, upon the gross premiums of every character received from business done within the State during the preceding year. The Company paid large taxes under this act, but appeal...
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delivered the opinion of the court. This is a suit to quiet title to a parcel of land in Oklahoma brought by the children and heirs of Squire Saunders against a purchaser of the land from his widow. The defendant had a decree in her favor in the state court. 37 Oklahoma, 792, 799. The title of the defendant.depends upon the effect of a decree of the Probate Court made on November 16, 1900,...
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delivered the opinion of the court. This suit was begun in the District Court of the United States for the Southern District of Iowa, by the present appellant, hereinafter called the Gas Company, against the City of Des Moines and others, to enjoin the enforcement of the provisions of a certain ordinance of the City, passed December 27, 1910, whereby, from and after the first day of Januar...
Views: 14
delivered the opinion of the court. This suit originated in the Circuit Court of Dane County, Wisconsin, and was brought by the Milwaukee Electric Railway and Light Company against the Railroad Commission of Wisconsin. The plaintiff, a street railway company, organized under the laws of Wisconsin, and authorized to conduct a street railway business in the City of Milwaukee, sought to enjoi...
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delivered the opinion of the court. The Adams Express Company was indicted for violation of i§ 2569a of the statutes of the State of Kentucky, which, omitting the portions not essential to the consideration of this case, provides: “It shall be unlawful for any . . . public or private carrier to bring into, . . . deliver or distribute, in any county, district, precinct, town or city, w...
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delivered the opinion of the court. Upon the hearing in 1911, it was determined that the public debt of Virginia, as of January T, 1861, — of which West Virginia agreed to assume ‘an equitable proportion’' — amounted to $33,897,073.82; that, in view of a reduction secured by Virginia and with the consent of her creditors, the amount to be apportioned was $30^563,861.56; that the apportionm...
Views: 14
delivered the opinion of the court. This .was an action for personal injuries ultimately resulting in death, the right of recovery being based upon the Employers’ Liability Act, April 22, 1908, c. 149, 35 Stat. 65; as amended April 5, 1910, c. 143, 36 Stat. 291, in connection with the Safety Appliance Acts, March 2,1893, c. 196, 27 Stat. 531; April 1, 1895, c. 87, 29 Stat. 85; March 2,1903...
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delivered the opinion of the court. This is a direct appeal under Jud. Code, § 238, from a decree dismissing a suit in equity for want of jurisdiction, the question for decision being whether the bill presents a case arising' under the patent laws, that is, a case asserting some right or privilege under those laws which will be sustained by one construction of them or defeated by another. ...
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delivered the opinion of the court. Carr was a brakeman on a “pick-up” freight train running from Rochester to Lockport over the lines of the New York Central. On November 18, 1910, some of the cars in this train contained interstate freight. Among those engaged in purely intrastate business were the two *262 cars, at the head of the train and next to the engine, which were to...
Views: 32
delivered the opinion of the court. Pless & Winbourne, Attorneys at Law, brought suit in the Superior Court of McDowell County, North Carolina, against McDonald to recover $4,000 alleged to be due them for legal services. The case was removed to the then Circuit Court of the United States for the Western District of North Carolina. There was a trial in which the jury returned a verdict for...
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delivered the opinion of the court. Ferebee was employed by the Norfolk Southern Railroad Company as a trainhand on a passenger train running from Raleigh, North Carolina, to Norfolk, Virginia. During the night, at some place on the journey the steps to the platform of one of the cars.were tom away by coming in contact with some unknown obstruction. The consequence was that when Ferebee attempt...
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delivered the opinion of the court. This was an action brought by defendant in error against plaintiff in error to recover damages for the alleged failure *277 of the latter to furnish coal cars at plaintiff’s mine, located upon the line of defendant’s railroad, pursuant to plaintiff’s requirements and demands. It was founded upon § 2? of an act of March 31,1874, in relation t...
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delivered the opinion of the court. This was an ejectment suit, brought by defendant in error in the District Court of Muskogee County, Oklahoma, to recover an undivided half interest in a tract of 160 acres of land situate in that county, formerly part of the domain of the Creek Nation in the Indian Territory. The tract was allotted to Agnes Hawes, a Creek Freed- *286 woman, ...
Views: 9
delivered the opinion of the court. Murphy, while in the employ of the Railway Company as a switchman in its yards at Marshall, Texas, fell from a *323 refrigerator car and received personal injuries, for which he recovered a judgment against the Company in the United States District Court, which was affirmed by the Circuit Court of Appeals, without opinion. According to plain...
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delivered the opinion of the court. Plaintiff in error — The Oil Company — instituted this action July 1, 1910, in the District Court, Caddo Parish, Louisiana, for the purpose of establishing its right to possession of part of Lot No. 1, Section 4, Township 20, North, Range 16, West, suddenly become very valuable through discovery of gas and oil. The petition alleges that the United States...
Views: 12
delivered the opinion of the court. - An order of the Minnesota Railroad & Warehouse Commission (October 26, 1911) directing the Great Northern Railway Company to erect within forty-five days at least a six-ton scale in its stockyard at the village Bertha, Todd County, was sustained by the Supreme Court of the State (122 Minnesota, 55, 57-58); the cause is here by writ of error; and it is ...
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delivered the opinion of the court. The Traffic Bureau of Nashville instituted proceedings before the Commerce Commission against the Louisville & Nashville, Nashville, Chattanooga & St. Louis, Tennessee Central, Illinois Central R, R. Companies, and the Nashville Terminal Company, seeking (1) a reduction of the $1 rate on coal and (2) to require a discontinuance of what was alleged to be ...
Views: 16
with whom concurred Mr. Justice McKenna, dissenting. I am unable to agree with the conclusion just announced. It seems to me to establish a rule by which many creditors will find their debts paid by a discharge in bankruptcy when they have had no knowledge or means 'of knowing that such proceedings were pending, and are not able to participate in such dividends as are paid to creditors. It is admi...
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delivered the opinion of the court. This was an action brought by the State of Missouri, at the relation of the Circuit Attorney of the City of St. Louis, against the Mallinckrodt Chemical Works (a Missouri corporation), to forfeit its charter for failure its officers to file with the Secretary of State in the year 1910 the affidavit prescribed by § 10322, Missouri Rev. Stat. 1909, setting...
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delivered the opinion of the court. The Federal question involved in this case is concisely stated in the opening paragraph of the opinion of the Supreme Court of Kansas (89 Kansas, 114), whose judgment we have under review: “Chapter 345 of the laws of 1905, as amended by chapter 275 of the laws of 1907 [Gen. Stat. 1909, § 7201 et seq.], concerns the furnishing of cars by r...
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delivered the opinion of the court. Plaintiff in error was convicted in the Court .of Quarter Sessions of Lawrence County, in the State of Pennsylvania, of the crime of selling intoxicating liquors in that county without a license, contrary to § 15 of an act of May 13, *65 1887 (P. L. p. 113), which declares: “Any person who shall hereafter be convicted of selling or- offering...
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delivered the opinion of the court. Tranbarger, owner of 60 acres of farming land in Calla-way County, Missouri, brought this action against the Railroad Company in a Missouri state court to recover damages and a penalty under §1110 of the Missouri Revised Statutes of 1899, as amended by act of March 14, 1907, Sess. Act's, p. 169, of which the portion now pertinent is as follows: • ...
Views: 33
delivered the opinion of the court. This is a writ of error, taken under the criminal appeals act of March 2, 1907 (c. 2564, 34 Stat. 1246), to review a judgment of the District Court sustaining, on demurrer, a special plea in bar to an indictment for conspiracy found June 24, 1912, and based upon § 37 of the Criminal Code of March 4, 1909 (c. 321, 35 Stat. 1088, 1096), formerly *84 § 5440, R...
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delivered the opinion of the court. These causes, begun at the same time, were tried and decided together in the United States District Court, Eastern District of Louisiana (192 Fed. Rep. 725), and also in the Circuit Court of Appeals (203 Fed. Rep. 1023). *92 The original bills, except as to details concerning times, amounts, etc., are essentially identical; by stipulation th...
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delivered the opinion of the court. The Philippine Supreme Court by final decree in a habeas corpus proceeding discharged appellee from custody *102 and the Director of Prisons has appealed. The controversy fairly involves the application of § 5, Organic Act of the Islands (Act of Congress, July 1, 1902, c. 1369, 32 Stat. 691, 692, 695); and under § 10 of that statute we have jurisdiction o...
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delivered the opinion of the court. Is there jurisdiction to review the action of the court below in affirming the judgment of the trial court which was entered on the verdict of a jury, and if so, was error below committed, are the questions for decision (83 S. E. Rep. 633). The suit was brought to recover damages alleged to have been suffered by the death of Lewis H. Padgett, a rail...
Views: 14
236 U.S. 674 (1915) WRIGHT, COMPTROLLER GENERAL OF GEORGIA, v. CENTRAL OF GEORGIA RAILWAY COMPANY. No. 161. Supreme Court of United States. Argued January 28, 29, 1915. Decided March 22, 1915. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. *675 Mr. John C. Hart and Mr. Samuel H. Sibley for appellant. Mr. A.R. Lawton and Mr. T.M. Cunningham, Jr., for appe...
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delivered the opinion of the court. This is a bill brought by the railroad companies, respondents, to prevent the collection of a 'tax upon the Georgia Railroad, operated by them under a lease and assessed to them as their property. The District Court made a decree for the plaintiff with certain exceptions, which was affirmed on appeal and cross appeal'by the Circuit Court of Appeals for t...
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delivered the opinion of the court. This was a proceeding by the petitioners for the extension and widening of Colorado Avenue and Kennedy Street in the District of Columbia, under a special act of June 30, 1911, c. 1, 37 Stat. 1. A jury was summoned, assessed the damages for the land to be condemned for the purpose, found that the lots described in a schedule would be benefited to the amounts ...
Views: 1
delivered the opinion of the court. The plaintiff in error was convicted of peddling without a license. His defence was that if- applied to his dealings the Virginia law would interfere with commerce among the States, contrary to Article I, § 8 of the Constitution. The facts are as follows. The Empire Art Institute of New York sent soliciting agents to Virginia who took orders on a blank furnis...
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delivered the opinion of the court. This is an appeal from an order of three. Judges denying a preliminary injunction as prayed in the appellant’s bill. The bill alleges that the appellant is a Missouri corporation, having.its factory in Missouri, that it obtains orders for its machines in Virginia through drummers, considers and accepts or rejects them' in Missouri, and, if it accepts, fo...
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delivered the opinion of the eourt. The Great N or them Railway Company filed its amended complaint against James A. Hower, individually and as *704 Trustee, Anna H. Hower, his wife, Nonpareil Consolidated Copper Company, Nicholas H. Rudebeck, and James McCreery Realty Company, in the Superior Court of the' State of Washington, in and for the county of Snohomish, seeking to es...
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delivered the opinion of the court. A controversy between the Railway Company and defendant shipper concerning freight charges was adjusted by. computing them upon the actual weight of the merchandise transported. Afterwards, claiming that the reckoning should have been upon the minimum capacity of cars used, the Railway Company sued for the difference between the two results. Defendant relied ...
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Memorandum opinion by by direction of the court. Alleging infringement of its patent and asking appropriate relief appellant, an Ohio corporation, instituted this proceeding in equity against the Ludlow-Saylor Wire Company, a corporation organized under the laws of Missouri, in the United States District Court for the Southern District of New York. Objection to the jurisdiction was s...
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after stating the case as above, delivered the opinion of the court. The tedious volume and prolixity of the bill are directed to establish that Miguel Marcos, the ancestor of complainants, received a grant from the Spanish authorities, not, becoming complete in his descendants, the complainants, until June 18, 1894, and until such time the lands which the grant embraced were not subject t...
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Memorandum opinion by by direction of the court. Suit for specific performance of eighteen contracts for the paving of certain streets in the city of Oklahoma City, Oklahoma. A temporary restraining order was applied for and denied. The suit subsequently came on to be heard on the bill, answer and proofs, and a decree was entered dismissing it. The decree was affirmed by the Cir...
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Memorandum opinion by by direction of the court. Plaintiff in error was convicted in the Circuit Court of Barren County, Kentucky, and fined for alleged violation of §§ 3915 and 3941 of the Kentucky laws commonly known as the Kentucky Anti-trust Statutes, and prosecutes this writ to review the judgment. The grounds of error assigned are: (1) That the statutes in question are in conflict .wi...
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delivered the opinion of the court. The A. J. Phillips Company is a manufacturer of doors at Fenton, Michigan. For use in its business it purchased large quantities of lumber, much of which was shipped from points in Alabama, over the lines of the Illinois Central, the Southern, the Grand Trunk Western, and the Detroit & Milwaukee Railway Companies. Prior to April, 1903, the rate to Fenton...
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delivered the opinion of the court. These are suits in equity brought by the United States against the appellants to annul patents issued under the Timber and Stone Act of June 3, 1878, c. 151, 20 Stat. 89, on the ground that the entries were fraudulent. Both of the courts below have found that the entries were fraudulent, that the defendant Smith was either a party to the fraud or. charge...
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delivered the opinion of the court. This is a bill in equity to restrain the City of New York and the Board of Water Supply from proceeding further with the enterprise upon which they already had spent over one hundred and twenty-nine million of dollars in order to provide the city with a supply of water. The ground is as follows: The plaintiff (appellant) originally was incorporated under a ...
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delivered the opinion of the court. By Chapter 51 of the Laws of 1907, the legislature of North Dakota fixed maximum intrastate rates, graduated according to distance, for the transportation of coal in carload lots. It was further provided that in case the transportation was over two or more lines of railroad it should be considered as one haul, the compensation for* which should be divide...
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delivered the opinion of the court. In 1907, the legislature of West Virginia passed an act fixing the maximum fare for passengers on railroads, as described in the statute, at two cents a mile. Acts, 1907, Ch. 41, p. 226., After the rate had been tesfed by operating under it for two years, the plaintiff in error brought this suit to restrain its enforcement as being in violation of the ...
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236 U.S. 615 (1915) MICHIGAN CENTRAL RAILROAD COMPANY v. MICHIGAN RAILROAD COMMISSION. No. 91. Supreme Court of United States. Submitted December 1, 1914. Decided March 8, 1915. ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. *616 Mr. Frank E. Robson and Mr. Henry Russell for plaintiff in error. Mr. Grant Fellows, Attorney General of the State of Michigan, for defendant in error. *620 MR. JU...
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delivered the opinion of the court. Whether a succession tax collected under §§ 29 and 30 of the act of June 13, 1898, c. 448, 30 Stat. 448, 464, shall be refunded is the matter here in controversy. The facts bearing upon its solution are these: Ferdinand J. Dreer, a resident of Philadelphia, Pennsylvania, died May 24, 1902, leaving a will directing that certain legacies be paid out of his pers...
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delivered the opinion of the court. •The State of Kansas instituted this cause in a local court, September 29, 1910. Kirmeyer was charged with carrying on a liquor business at Leavenworth in open and persistent violation of law and thereby committing a nuisance. The relief sought was “that he be enjoined from conducting said unlawful business; that he be enjoined from maintaining, using and emp...
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delivered the opinion of the court. We refer to the parties, the one as the Manufacturing, and the other as the Refining Company. Sued by the Refining Company in April, 1909, to recover the amount of the price of two lots of glucose or corn syrup which it had bought in January, 1909, and which it had consumed and not paid for, the Manufacturing Company asserted its non-liability on the fol...
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236 U.S. 178 (1915) HEYMAN v. HAYS, COUNTY CLERK OF HAMILTON COUNTY, TENNESSEE. No. 121. Supreme Court of United States. Argued January 14, 1915. Decided February 23, 1915. ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. *179 Mr. Carlisle S. Littleton and Mr. James J. Lynch, with whom Mr. Jesse M. Littleton and Mr. George D. Lancaster were on the brief, for plaintiff in error. Mr. Frank M. ...
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delivered the, opinion of the court. This case was brought to enjoin the collection of a State and County Privilege Tax upon the same facts as those which were involved in the case just decided. The two cases in both the trial and the court below were heard together and they were here argued at the same time. The court below in disposing of this case with one exception placed its conclusion upo...
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delivered the opinion of the court. The plaintiff in error, a Virginia corporation whom we shall speak of as the Company, operates a trolley line from Washington to Mt. Vernon in Virginia. The defendant in error, Downey, was employed by the Company as a trolley man and on November 29, 1907, was working on a train of two cars, a motor car and a trailer car, moving from Mt. Vernon to Washing...
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delivered the opinion of the court. This case was decided April 22, 1912 (224 U. S. 383), and the question now is, Was due effect given to the mandate of -this court? A clear understanding will come by the merest outline of some of the legal proceedings preceding and following that decision! The decree which was reversed was entered by a circuit court composed of four judges in accordance ...
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delivered the opinion of the court. This appeal was taken from the order of the court refusing to allow an intervention on the ground that there was no jurisdiction to do so because as the result of a previous final decree and an appeal taken therefrom by the United States, the authority of the court over the subject-matter was ended. In effect the relief which was sought to be accomplished by ...
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delivered the opinion of the court. Concerned now only with a motion to dismiss, we limit our statement to that which is essential to decide such issue. In 1912 the Olympia Mining & Milling Company, Limited, the plaintiff in error, brought this suit to enforce a trust agreement between Kerns, the defendant in error, and one Cunningham by which it was alleged Kerns had obliged himself in 19...
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delivered the opinion of the court. The indictment against the plaintiffs in error contained two counts: ,The first charged a conspiracy to wrongfully import opium into the United States in violation of the first portion of .§ 2 of the act of February 9, 1909, c. 100, 35 Stat. 614. The second charged a conspiracy to unlawfully receive, conceal and facilitate the transportation of opium which ha...
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delivered the opinion of the court. Conflict of oil and gas mining leases derived from the same lessor, one Robert F. Goodman, a member of the Cherokee Tribe of Indians. Appellee brought suit in the District Court for the Eastern District of Oklahoma to quiet title to his léase against that of appellants covering the same premises. The bill set up the full title of appellee and the fu...
Views: 12
after stating the case as above, delivered the opinion of the court. Complainant directs its argument to three propositions: (1) The statute in controversy imposes an unlawful burden on interstate commerce; (2) it violates the freedom of speech and publication guaranteed by § 11, art. 1, of the constitution of the State of Ohio; 1 and (3) it.attempts to delegate legislative powe...
Views: 34
delivered the opinion of the court. This case, was submitted with. No. 456, just decided. In the latter case the complainant in the court below and appellant here was a corporation of Virginia. The appellant. in the pending case is a corporation of dhio, and counsel say “although there are some differences in the way in which their business is conducted, yet the questions involved are the same,...
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after stating the case as above, delivered the opinion of the court. Necessarily the first factor to be considered is the law of the State. It is entitled “ An Act regulating the exhibiting or using of moving picture films or reels; providilig and regulating the examination and approval of moving picture films and reels, and fixing penalties for the violation of this act, and making an approp...
Views: 12
delivered the opinion of the court. These are direct appeals from decrees dismissing two bills filed by the United States to enjoin the railroad company from issuing passes to employes of common carriers net' subject to the Act to Regulate Commerce. The action of the railroad company is alleged to be in violation of §§ 2 and 3 of that act, Feb. 4, 1887, c. 104, 24 Stat. 379, and of §§...
Views: 2
236 U.S. 273 (1915) FOX v. STATE OF WASHINGTON. No. 134. Supreme Court of United States. Submitted January 19, 1915. Decided February 23, 1915. ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. *274 Mr. Gilbert E. Roe for plaintiff in error. Mr. W.V. Tanner, Attorney General of the State of Washington, and Mr. Fred G. Remann, for defendant in error. *275 MR. JUSTICE HOLMES delivered the opin...
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delivered the opinion of the court. This action was begun in the Circuit Court of the United States for the Western District of New York, to recover *280 $20,000 for the loss of certain automobiles, shipped for the petitioner, hereinafter called the Automobile Company, by the respondent, hereinafter called the Express Company. The automobiles were shipped under circumstances t...
Views: 18
delivered the opinion of the court. The defendant in error, as Administrator of Martin W. Lockhart, deceased, brought an action on September 22, 1905, in the District Court of Iowa in and for the County of Mahaska, to recover damages for the alleged wrongful killing of his intestate. In the petition it was alleged that the estate had been damaged in the sum of $10,000, but judgment was ask...
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delivered the opinion of the court. Agnes Kettelhake was the widow of one Frank Kettel-hake, who had been in the employ of the American Car & Foundry Company (hereinafter called the Car Company) at Saint Louis, Missouri. She brought her action to recover for the negligent killing of Kettelhake by the movement of a certain train of cars operated by the Car Company in thé yard adjacent to it...
Views: 13
delivered the opinion of the court. This is an appeal from and writ of error to the District Court of the United States for the Western District of 'Kentucky, refusing a writ of mandamus which the United States undertook to obtain under authority of § 20 of the Act to Regulate Commerce, as amended, June 29, 1906, c. 3591, 34 Stat. 584, 594, 595. In view, of the character of an action in ma...
Views: 13
delivered the opinion of the court. This case is brought here by appeal from an order of the District Court of the United States for the Northern District of Ohio, refusing an application for interlocutory injunction upon the petition of the Rail and River Coal Company, a West Virginia corporation, against Wallace D. Yaple, Mathew B. Hammond and Thomas J. Duffy, as members of and constitut...
Views: 16
delivered the opinion of the court. This case comes here by appeal from an order of the District Court of the United States for the Western Dis*356trict of Pennsylvania, denying a motion for interlocutory injunction against the Interstate Commerce Commission. 214 Fed. Rep. 445. The Buffalo, Rochester & Pittsburgh Railway Company, hereinafter called the Rochester Company, filed its petition before ...
Views: 0
delivered the opinion of the court. The plaintiff in error, the proprietor of the Glenwood Hotel in the City of Riverside, 'California, was arrested upon the charge of employing and requiring a woman to work in the hotel for the period of nine hours in a day, contrary to the statute of California which forbade such employment for more than eight hours a day or forty-eight hours a week, Act...
Views: 31
delivered the opinion of the court. This Is a suit to restrain the enforcement of the statute of California prohibiting the employment of women for more than eight hours in any one day or more than forty- *389 eight hours in any one week. The act is the same as that which was under consideration in Miller v. Wilson, ante, p. 373, decided this day, as amen...
Views: 15
delivered the opinion of the court. These five cases, althoúgh involvings separate transactions, may conveniently be considered in a single opinion. The suits were brought by the United States to annul certain land patents 1 issued under the homestead laws upon *401 the ground that the respective entrymen had defrauded the Government in securing the patents in that ...
Views: 9
delivered the opinion of the court. This is an indictment for perjury. It is charged that Luther Jerome Smull, the defendant in error, in making application for a homestead entry under § 2289 of the Revised Statutes swore falsely, before the receiver of the land office, that he had not theretofore ‘made any entry under the homestead laws,’ whereas in fact, as he well knew; he had previously mad...
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delivered the opinion of the court. This was an action under § 16 of the Act to Regulate Commerce 1 to recover from the Lehigh Valley Railroad Company damages alleged to have been sustained by a shipper and awarded by the Interstate Commerce Commission by reason of the company’s violation of the prohibition in §§ 1 and 2 of that act against unreasonable rates and unjust discrimi...
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delivered the opinion of the court. The Indiana statute requires _ railway companies to place secure grab-irons and hand-holds on the sides or ends of every railroad car, under a penalty of $100 fine to be recovered in a civil action. In March, 1910, the Railroad Commission of the- State brought such a suit against the Southern Railway Company, alleging that the Company on February 24...
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delivered the opinion of the court. On March 12, 1912, Lehman, Stern & Company sold to Martin & Company, 392 bales of cotton for the sum of $19,238. The checks given in payment were not honored when presented to the bank, and, on the day after the sale, the Lehman Company brought suit in a state court to obtain a general judgment against Martin & Company and to foreclose the lien, given by...
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delivered the opinion of the court. In the Court of Common Pleas of Lucas County, Ohio, Otto Slavin brought suit against the Railroad Company for injuries received by him on the night of August 19, 1910, while he was at work on a train in the Company’s yard at Toledo. His declaration alleged that in the performance of his duty, and in pursuance of a custom known to the Defendant, he was ri...
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delivered the opinion of the court. All public lands containing petroleum or other mineral oils and chiefly valuable therefor, have been declared by Congress to be “free and open to occupation, exploration and purchase by citizens of the United States . . . under regulations prescribed by law.” Act of February 11, 1897, c. 216, 29 Stat. 526; R. S. 2319, 2329. As these regulations permitted explora...
Views: 1
after making the foregoing statement, delivered the opinion of the court. The Circuit Court of Appeals held, in substance, that because after the default of Boggs in the performance of his contract the Government waited more than a year before entering into a new contract, during which time there was a material change in the cost of labor and building supplies, and because the new contract...
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delivered the opinion of the court. In the District Court of the United States for the Southwestern Division of the Western District of Missouri the petitioners, Joplin Mercantile Company and Joseph Filler, with others, were indicted, under § 37 of the Criminal Code (Act of March 4,1909, c. 321, 35>Stat. 1088, 1096), formerly, § 5440, Rev. Stat.; the charge being that at Joplin, Missouri, wi...
Views: 26
delivered the opinion of the court. This cause presents the following question: Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety paid the consequent damage thereafter? R. P. W...
Views: 19
delivered the opinion of the court. The question for determination is whether the professional services of an attorney and counselor at law are property within the meaning of paragraph 2, §. 17, of the Bankruptcy Act (30 Stat. 544, 550), as amended in 1903 (32 Stat. 797, 798), which excepts from the general release of a discharge “liabilities for obtaining property by false pretenses or false r...
Views: 21
delivered the opinion of the court. This is a possessory action for land coupled with a. demand for damages for timber taken by the defendant, the plaintiff in error, from the premises. After it was *134 begun the defendant brought a petitory suit to establish its title to the land and sought for a stay of proceedings in the present case until its title could be adjudicated, setting up, that ...
Views: 13
delivered the opinion of the court. This is a bill to foreclose a mortgage annexed to the bill and alleged to create a lien upon the Cacique sugar plantation. It was brought against'the appellants, who are the heirs of one Gallardo, a purchaser of the estate. A demurrer and a plea of prescription of thirty, twenty, fifteen and five years were filed and overruled, subject to exception, and ...
Views: 0
delivered the opinion of the court. This is an indictment for a conspiracy between the present defendant and one Laudenschleger that Lauden-schleger should cause the defendant to be transported from Illinois to Wisconsin for the purpose of prostitution, *144contrary to the act of June 25, 1910, c. 395; 36 Stat. 825. As the defendant is the woman, the District Court sustained a demurrer on the grou...
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delivered the opinion of the court. The Wilmington Transportation Company, a corporation organized under the laws of the State of California, is engaged as a common carrier of passengers and goods by sea, between San Pedro, on the mainland, and Avalon, on Santa Catalina Island, both places being within .the County of Los Angeles in that State. Merchants at Avalon, insisting .that the rates...
Views: 22
236 U.S. 157 (1915) ILLINOIS CENTRAL RAILROAD COMPANY v. FUENTES ET AL., CONSTITUTING THE RAILROAD COMMISSION OF LOUISIANA. No. 423. Supreme Court of United States. Argued January 8, 1915. Decided February 1, 1915. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. Mr. Blewett Lee, with whom Mr. Robert V. Fletcher, Mr. Hunter C. Leake and Mr. Gustave Lemle ...
Views: 13
with whom Mr. Justice Hughes concurs, dissenting: The character of the question here involved sufficiently justifies, in my opinion, a statement of the grounds which impel me to dissent from the opinion and judgment in this case. The importance of the decision is further emphasized by the fact that it results not only in invalidating the legislation of Kansas, now before the court, but necessarily...
Views: 0
delivered the opinion of the court. Error to review a judgment for contempt against Bur-dick upon presentment of the Federal grand jury for *85 refusing to answer certain questions put to him in an investigation then pending before the grand jury into alleged custom frauds in violation of §§ 37 and 39 of the Criminal Code of the United States. Burdick first appeared before the grand jury an...
Views: 22
delivered the opinion of the court. This writ of error was argued and submitted at the same time as Burdick v. United States, just decided, ante, p. 79. Its purpose is to review a judgment for contempt against Curtin upon presentment of the Federal grand jury for refusing to answer certain questions in the same proceeding considered in the Burdick Case in regard to a certain article p...
Views: 8
236 U.S. 97 (1915) DUFFY v. CHARAK, TRUSTEE IN BANKRUPTCY OF JULES & FREDERIC COMPANY. No. 120. Supreme Court of United States. Argued January 14, 1915. Decided January 25, 1915. APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. *98 Mr. James H. Duffy pro se. Mr. William Charak pro se. MR. JUSTICE HOLMES delivered the opinion of the court. This is a proceeding by a trustee in ba...
Views: 6
delivered the opinion of the court. This is a suit to recover a succession tax paid under §§ 29 and 30 of the act of June 13, 1898, c. 448, 30 Stat. 448, 464. The facts are these: Adelaide P. Dalzell, a *109 resident of Allegheny County, Pennsylvania, died intestate June 28, 1902, leaving personal property of considerable value, and being survived by two daughters as her only next of kin, Jul...
Views: 21
after making the foregoing statement, delivered the opinion of the court. The primary question whether the United States court had jurisdiction of the case must of course be determined by considering the allegations of the Bill. It shows *122 diversity of citizenship and charges that Simon was seeking to enforce by levy a j udgment obtained by fraud and without notice to the R...
Views: 32
delivered the opinion of the court. Prosecuting a writ of error in this case allowed by a circuit judge, the plaintiff in error asks to be permitted to docket the cause and conduct the proceedings in forma *44 pauperis. The matter is governed by the act of July 20, 1892, c. 209, 27 Stat. 252, as amended by the.act of June 25, 1910, c. 435, 36 Stat. 866. We summar...
Views: 18
delivered the opinion of the court. This case comes here upon a Certificate from the Circuit Court of Appeals. It is a suit in equity and the bill was dismissed by the District Court. The facts alleged are in short as follows. A statute of Missouri incorporated the Laclede and Fort Scott Railroad and authorized counties to invest in its stock and bonds and to issue county bonds in order to...
Views: 4
delivered the opinion of the court. The defendant in error brought this action to recover certain lánds which had been allotted under the Original Creek Agreement (act of March 1, 1901, c. 676; 31 Stat. 861; 32 Stat. 1971). The allotments described in the complaint had been made on behalf of two deceased Creeks, Minnie Solander and her infant daughter, Hettie L. Solander, that is, the resp...
Views: 12
delivered the opinion of the court. Minnie Solander, a Creek, died intestate on October 8, 1899, leaving her husband, George Solander (who resided *69 in the Creek Nation but was not a citizen thereof), her child, Hettie L. Solander, and her sister, Phoebe Trusler, surviving. Hettie L. Solander died intestate on December 19, 1899, 1 without husband or issue; her father, and aunt (above ment...
Views: 2
delivered the opinion of the court. Lesser brought suit in the City Court of Atlanta against Gray and another, once members of Inman & Co., for damages alleged to have resulted from breach of contract by the firm. A demurrer was sustained and final judgment rendered for defendant; this was affirmed by the Court of Appeals of Georgia (8 Ga. App. 605); and the matter is here upon writ of err...
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delivered the opinion of the court. This is a direct appeal from the District Court which held that the original bill states no cause of action. It must be dismissed unless the case involves the construction. or application of the Constitution of the United States, or the constitutionality of a Federal statute is fairly drawn in question. The only serious attempt to show'that appellan...
Views: 16
delivered the opinion of the court. The appellant brought this suit in the District Court to restrain the Jackson Oil & Refining Company, its manager and officers, from complying with a statute of Mississippi prohibiting employment in described occupations for more than ten hours a day, except in cases of emergency or public necessity (Chapter 157, Laws of Mississippi, 1912, p. 165) and to...
Views: 11
delivered the opinion of the court. .We have here to review two decrees dealing with an accounting of profits and an assessment of damages resulting from the infringement of a patent granted *643 February 10, 1891, for certain “new and useful improvements in grain-drills, commonly known as 'shoe-drills.’” The suits wherein these decrees were rendered were both brought by the s...
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after making the foregoing statement of facts, delivered the opinion of the court. 1. As a general rule, the carrier has the option to demand payment of freight in advance or on delivery. And, ■ as there is a lien on the goods to secure the payment of charges, it is often a matter of indifference whether the freight is collected at the beginning or at the end of the transportation. The law...
Views: 38
delivered the opinion of the court. This action, brought by Clark against the Railway Company, was commenced in January, 1912, in the District Court of the Fifth Judicial District of the then Territory of Arizona. It was based upon the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, as amended April 5, 1910, c. 143, 36 Stat. 291. The complaint alleged that while defendant ...
Views: 0
delivered the opinion of the court. Petition in the Court of Claims for judgment for the sum of $4,750.00, balance due upon a contract entered into between petitioner in such court, appellant here, and the United States for the construction of a steel hull twin-screw suction dredge and for installing therein the propelling and other machinery. There was and is no controversy as to the...
Views: 3
delivered the opinion of the court. Suit in equity brought by appellee against appellants, constituting the Oklahoma State Banking Board. The Platte Iron Works Company, appellee, is a Maine corporation and a citizen of that State and became the holder of two certain time certificates of deposit issued by the Farmers’ & Merchants’ Bank of Sapulpa. Appellants are members of the State Banking Board, ...
Views: 0
delivered the opinion of the court. Appellant, on June 8,1912, deposited with the Farmers’ and Merchants’ Bank of Sapulpa the sum of $3,337.50. The bank issued to appellant a certificate of deposit for the sum in the usual form. The bank, which, it is alleged, was entitled to the benefits of the Oklahoma bank guaranty law, subsequently failed and was closed and taken possession of by appellees, co...
Views: 0
delivered the opinion of the court. Suit in equity brought by appellant against the State Banking Board and the Bank Commissioner of the State of Oklahoma, the Oklahoma Trust Company, the Alamo State Bank, the McNerney Company, corporations, and one P. J. McNerney. Later the Union State Bank, another .corporation, was made a defendant. The object of the suit was to compel the Banking Board to p...
Views: 10
delivered the opinion of the court. Indictment in two counts against the railroad company for carrying otherwise than in the mails certain letters in violation of § 184 of the Penal Code of the United States. The section is as follows : “Sec. 184. Whoever, being the owner, driver, conductor, master, or other person having charge of any stagecoach, railway car, steamboat, or conveyance of any ...
Views: 1
delivered the opinion of. the court. This is an action under the act of July 2, 1890, c. 647, § 7, 26 Stat. 209, 210, for a combination and conspiracy in restraint of commerce among the States, specifically directed against the plaintiffs (defendants in error), among others, and effectively carried out with the infliction of great damage. The declaration was held good on demurrer in ...
Views: 33
delivered the opinion of the court. This case originated' in a petition filed by the South Covington & Cincinnati Street Railway Gompany, a corporation of the State of Kentucky, having for its purpose to enjoin the City of Covington from enforcing a certain ordinance regulating the operation of the street cars of the company. The features of the ordinance essential to be considered here ar...
Views: 16
delivered the opinion of the court. The proceeding which resulted in the judgment here complained of originated in an application by the Cornell Steamboat Company to review by certiorari a decision of the Comptroller of New York, denying a petition for revision and readjustment of taxes imposed by the Comptroller on the Steamboat Company for the years 1902 and 1903. These taxes were imposed und...
Views: 15
delivered the opinion of the court. This ease is here upon writ of error and certificate presenting the question of jurisdiction of the District Court. It comes under § 238 of the Judicial Code, and presents to this court the question of jurisdiction only. The suit was begun on November 5, 1904, in the United States Circuit Court for the District of Connecticut. On May 24,1905, a substituted co...
Views: 22
delivered the opinion of the court. This action was brought in the Court of Common Pleas of Franklin County, Ohio, to recover for injuries, received by Harry O. Blagg, while in the service of The Jeffrey Manufacturing Company, a corporation engaged in manufacturing at Columbus, Ohio. The allegation was that the injury happened to the plaintiff because of the standing of certain freight car...
Views: 43
delivered the opinion of the court. On the north shore of the Island of Porto Rico, in the districts of Arecibo and Manatí, there is a slough or swamp known as El Caño de Tiburones. It is 12 miles long, of varying width, and was supposed to contain about 7,000 acres, though that was a mere estimate since the exterior boundaries had not been established. Neither had it been authoritatively ...
Views: 6
delivered the opinion of the court. In January, 1912, L. K. Dicks, a citizen and resident of Richmond County, Georgia, was adjudicated a bankrupt. James M. Hull, Jr., was elected Trustee, and on February 5, 1912, took possession of all of the property of the bankrupt. Three weeks later L. K. Dicks died leaving a widow and four minor children. Thereafter the widow applied to the Court of Or...
Views: 6
after making the foregoing state- . ment, delivered the opinion of the court. The appellants brought suit in the United States District Court for the Southern District of New York for the purpose of recovering from the Trustee an interest in a trust estate which had been sold, transferred and assigned by Conrad Morris Braker, the beneficiary. The complainants were citizens and residents of...
Views: 20
delivered the opinion of the court. This case was here on a former occasion (Louisville & Nashville R. R. v. Garrett, 231 U. S. 298), when an order *603 denying a motion for an interlocutory injunction was affirmed. The suit was brought by the Railroad Company to enjoin the enforcement of two orders made August 10, 1910, by the Railroad Commission of Kent...
Views: 16
delivered the opinion of the court. Plaintiff in error was tried before a Justice of the Peace, Prince George’s County, Maryland, upon a charge of violating the Motor Vehicle Law. A written motion to quash the warrant because of conflict between the statute and the Constitution of the United States was denied; he was found guilty and fined. Thereupon an appeal was taken to the Circuit Cour...
Views: 28
delivered the opinion of the court. W. T. Holbrook, a bridge carpenter, aged thirty-eight and employed by plaintiff in error at a wage of $2.75 per day, was killed by a passing train while at his work in McDowell County, West Virginia, January 4, 1913. He left a widow, thirty-two years old, and five children of *627one, four, seven, eleven, and fourteen years. The widow qualified as administratrix...
Views: 0

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