Court : US Supreme Court
Ethyl Gasoline Corp. v. United States - 309 U.S. 436 (1940) U.S. Supreme Court Ethyl Gasoline Corp. v. United States, 309 U.S. 436 (1940) Ethyl Gasoline Corporation v. United States No. 536 Argued March 1, 4, 1940 Decided March 25, 1940 309 U.S. 436 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A corporation owning a patent for a poisonous fluid compound containing lead, which, when mixed with the gasoline used as fuel in high compression internal combustion engines, adds greatly to their efficiency, and owning also a patent claiming the fuel mixture and another claiming a method of using it, manufactured the fluid and sold it, without royalty, under a licensing system, to nearly all of the leading manufacturers of gasoline in the country, one of which owned half of the patentee's capital stock. These refiners mixed the fluid with their gasoline and sold the resulting patented fluid in great quantities to jobbers, who in ...
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Apex Hosiery Co. v. Leader - 310 U.S. 469 (1940) U.S. Supreme Court Apex Hosiery Co. v. Leader, 310 U.S. 469 (1940) Apex Hosiery Co. v. Leader No. 638 Argued April 1, 2,1940 Decided May 27, 1940 * 310 U.S. 469 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Members of a labor union, bent on unionizing a hosiery factory in which but a few of them were employed, forcibly, and in violation of civil and criminal laws of the State, took possession of the plant and held it during a protracted "sit-down" strike, during which much of the machinery was willfully injured or destroyed and during which the business, largely interstate, was entirely suspended. When the plant was seized, there were on hand 130,000 dozen pairs of finished hose, of a value of $800,000, ready for shipment on unfilled orders, mostly destined to points outside of the State. Shipment was prevented by the strikers, who repeatedly refused requests made by the owner for permission to P...
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Wood v. Lovett - 313 U.S. 362 (1941) U.S. Supreme Court Wood v. Lovett, 313 U.S. 362 (1941) Wood v. Lovett No. 709 Submitted April 2, 1941 Decided May 26, 1941 313 U.S. 362 APPEAL FROM THE SUPREME COURT OF ARKANSAS Syllabus Where a State has sold land under a tax title which is valid with the help of a statute curing irregularities in the tax proceeding, but invalid without it, a repeal of the curative statute impairs the obligation of the contract between the State and it vendee, in violation of the contract clause of the Federal Constitution. P. 313 U. S. 371 . 201 Ark. 129; 143 S.W.2d 880, reversed. Appeal from a decree affirming a decree quieting title in Lovett, relying on a deed from a former owner, against Wood et al., relying on a tax title. Page 313 U. S. 364 MR. JUSTICE ROBERTS delivered the opinion of the Court. This appeal presents the question whether an Arkansas Act of March 17, 1937, as construed and applied, violates Article I, 10, of the Constituti...
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Toucey v. New York Life Insurance Co. - 314 U.S. 118 (1941) U.S. Supreme Court Toucey v. New York Life Insurance Co., 314 U.S. 118 (1942) Toucey v. New York Life Insurance Co. No. 16 Reargued October 17, 1941 Decided November 17, 1941 * 314 U.S. 118 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Section 265 of the Judicial Code forbids a federal court to enjoin a proceeding in personam in a state court on the ground that the claim in controversy has been previously adjudicated by the federal court. P. 314 U. S. 129 . 112 F.2d 927 and 115 F.2d 1 reversed. No. 16 came here on certiorari, 311 U.S. 643, to review the affirmance of a decree of injunction, 112 F.2d 927. The decision below was affirmed here by an equally divided Court, 313 U.S. 538; subsequently, a rehearing was granted, 313 U. S. 59 . No.19 is here on certiorari, 312 U.S. 670, to review the affirmance of a decree of injunction, 115 F.2d 1. Page 314 U. S. 126 MR. JUSTICE FRA...
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United States v. Pink - 315 U.S. 203 (1942) U.S. Supreme Court United States v. Pink, 315 U.S. 203 (1942) United States v. Pink No. 42 Argued December 15, 1941 Decided February 2, 1942 315 U.S. 203 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus 1. The question of the propriety, under New York practice, of grounding a motion for summary judgment in this case on the record in Moscow Fire Ins. Co. v. Bank of New York & Trust Co., 280 N.Y. 286, is one of state law, upon which the decision of the highest court of the State is final. P. 315 U. S. 216 . 2. The Moscow case is not res judicata here, since the respondent was not a party to that suit. P. 315 U. S. 216 . 3. The affirmance here by an equally divided court of the judgment in the Moscow case, 309 U.S. 624, although conclusive and binding upon the parties to that controversy, cannot be regarded as an authoritative determination of the principles of law there involved. P. 315 U. S. 216 . 4. Judicial no...
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Ex Parte Quirin - 317 U.S. 1 (1942) U.S. Supreme Court Ex Parte Quirin, 317 U.S. 1 (1942) Ex Parte Quirin{|317 U.S. 1fn1|1} Nos. ___, Original MOTIONS FOR LEAVE TO FILE PETITIONS FOR WRITS OF HABEAS CORPUS and United States ex rel. Quirin v. Cox{|317 U.S. 1fn2|2} Nos. 1-7 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Argued July 29-30, 1942 Decided July 31, 1942 Per Curiam decision filed, July 31, 1942{|317 U.S. 1fn3|3} Full Opinion filed, October 29, 1942{|317 U.S. 1fn4|4} 317 U.S. 1 Syllabus 1. A federal court may refuse to issue a writ of habeas corpus where the facts alleged in the petition, if proved, would not warrant discharge of the prisoner. P. 317 U. S. 24 . Page 317 U. S. 2 2. Presentation to the District Court of the United States for the District of Columbia of a petition for habeas corpus was the institution of a suit, and denial by that court of leave to file the petition was a judicial determination of a case or con...
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Hirabayashi v. United States - 320 U.S. 81 (1943) U.S. Supreme Court Hirabayashi v. United States, 320 U.S. 81 (1943) Hirabayashi v. United States No. 870 Argued May 10, 11,1943 Decided June 21,1943 320 U.S. 81 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Where a defendant is convicted on two counts of an indictment and the sentences are ordered to run concurrently, it is unnecessary on review to consider the validity of the sentence on both of the counts if the sentence on one of them is sustainable. P. 320 U. S. 85 . 2. Pursuant to Executive Order No. 9066, promulgated by the President on February 19, 1942, while the United States was at war with Japan, the military commander of the Western Defense Command promulgated an order requiring, inter alia, that all persons of Japanese ancestry within a designated military area "be within their place of residence between the hours of 8 p. m. and 6 a. m." Appellant, a United States citizen o...
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Parker v. Brown - 317 U.S. 341 (1943) U.S. Supreme Court Parker v. Brown, 317 U.S. 341 (1943) Parker v. Brown No. 46 Argued May 5, 1942 (No. 1040, 1941 Term) Reargued October 12, 13, 1942 Decided January 4, 1943 317 U.S. 341 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus 1. A suit in a federal court to enjoin enforcement of a state agricultural proration program, in which the validity of the program is challenged as in conflict with federal antitrust laws, is a suit "arising under" a "law regulating commerce" and is maintainable without regard to the amount in controversy. 28 U.S.C. 41(1), (8). P. 317 U. S. 349 . 2. A majority of the Court are of opinion that this suit to enjoin enforcement of a marketing plan adopted under the California Agricultural Prorate Act is within the equity jurisdiction of the district court, since the complaint alleges and the evidence shows threatened irreparable injury to the complainan...
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United States ex rel. Marcus v. Hess - 317 U.S. 537 (1943) U.S. Supreme Court United States ex rel. Marcus v. Hess, 317 U.S. 537 (1943) United States ex rel. Marcus v. Hess No. 173 Argued December 10, 1942 Decided January 18, 1943 * 317 U.S. 537 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Section 5438 of the Revised Statutes, which subjects to the penalties therein prescribed "Every person who . . . causes to be presented, for payment . . . any claim upon or against the Government of the United States, . . . knowing such claim to be . . . fraudulent . . ." held applicable to contractors who, by collusive bidding, obtained contracts with municipalities and school districts of a State for work on federal Public Works Administration projects, and who were paid for their work under the contracts largely with funds granted by the federal Public Works Administrator. P. 317 U. S. 542 . Competitive bidding was a federal requirement; all bidde...
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C. J. Hendry Co. v. Moore - 318 U.S. 133 (1943) U.S. Supreme Court C. J. Hendry Co. v. Moore, 318 U.S. 133 (1943) C. J. Hendry Co. v. Moore No. 60 Argued November 10, 1942 Decided February 8, 1943 318 U.S. 133 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus L. Forfeiture by procedure in rem of a net which, while being used by a fishing vessel in navigable coastal waters of a State, had been seized for violation of a law of the State forbidding fishing by net in those waters, is "a common law remedy" which "the common law is competent to give," within the statutory exception to the exclusive jurisdiction in admiralty conferred on district courts of the United States by 9 of the Judiciary Act of 1789, and the State may provide for such forfeiture in a proceeding in a state court. Pp. 318 U. S. 134 , 318 U. S. 153 . 2. The common law, as received in this country at the time of the adoption of the Constitution, gave a remedy in rem in cases of forfeiture. P. 31...
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