Court : US Supreme Court
Decided on : Oct-11-1926
United States v. Chemical Foundation, Inc. - 272 U.S. 1 (1926) U.S. Supreme Court United States v. Chemical Foundation, Inc., 272 U.S. 1 (1926) United States v. Chemical Foundation, Inc. No. 127 Argued December 9, 10, 11, 1925 Decided October 11, 1926 272 U.S. 1 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. A decree of the circuit court of appeals, entered prior to the taking effect of the Jurisdictional Act of February 13, 1925, and affirming dismissal on the merits of a bill by the United States to set aside, as unauthorized and fraudulently procured, sales of patent and other rights and properties seized pursuant to the Trading with the Enemy Act was reviewable by this Court on appeal (Jud.Code 128, 241). Certiorari denied. P. 272 U. S. 5 . 2. The purpose of the Trading with the Enemy Act was not only to weaken enemy countries by depriving their supporters of their properties, but also to promote production in the United States of things ...
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Decided on : Nov-23-1926
United States v. General Electric Co. - 272 U.S. 476 (1926) U.S. Supreme Court United States v. General Electric Co., 272 U.S. 476 (1926) United States v. General Electric Company No. 113 Argued October 13, 1926 Decided November 23, 1926 272 U.S. 476 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO Syllabus 1. Through a system of contracts between a company which owned the patents for electric lamps with tungsten filaments and manufactured most of those sold and a large number of wholesale and retail dealers in electrical supplies, the dealers were appointed agents of the company to sell, on commission, the lamps, which were to be consigned to them by the company, transportation prepaid; the sales were to be at prices fixed by the company, the dealers to pay all expenses except the original transportation and to account to the company periodically for the amount, less commission, of all sales, cash or credit, and all the stock entrusted to the ...
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Decided on : Nov-29-1926
Lambert v. Yellowley - 272 U.S. 581 (1926) U.S. Supreme Court Lambert v. Yellowley, 272 U.S. 581 (1926) Lambert v. Yellowley No. 47 Argued April 30, 1926 Decided November 29, 1926 272 U.S. 581 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The provision of the National Prohibition Act that "Not more than a pint of spirituous liquor to he taken internally shall be Page 272 U. S. 582 prescribed for use by the same person within any period of ten days, and no prescription shall be filled more than once" is "appropriate legislation," within the meaning of the Eighteenth Amendment for enforcing its prohibition of the manufacture, sale, and transportation of intoxicating liquor for beverage purposes. P. 272 U. S. 589 . 2. Whatever the belief of a physician in the medicinal value of alcoholic liquor, his right to administer it to patients is subordinate to the powers granted to Congress by the Eighteenth Amendment. P. 272 U. S. 596 . 4 F.2d 9...
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Decided on : Oct-11-1926
Oklahoma v. Texas - 272 U.S. 21 (1926) U.S. Supreme Court Oklahoma v. Texas, 272 U.S. 21 (1926) Oklahoma v. Texas No. 6, Original Argued November 25, 1925 Decided October 11, 1926 272 U.S. 21 I N EQUITY Syllabus 1. The effect of a decree as an adjudication conclusive upon the parties is not to be determined by isolated passages in the opinion considering the rights of the parties, but upon an examination of the issues made and intended to be submitted, and which it was intended to decide. P. 272 U. S. 42 . 2. In the " Greer County case," ( United States v. Texas, 162 U. S. 1 ), it was conclusively determined that the boundary line between Texas and the territories of the United States followed the line of the true 100th meridian from its intersection with the South Fork of Red River, but the precise location of the meridian line was left open. P. 272 U. S. 39 . 3. A boundary line between two governments which has been run out, located, and marked upon the earth, ...
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Decided on : Mar-01-1926
First Moon v. White Tail and United States - 270 U.S. 243 (1926) U.S. Supreme Court First Moon v. White Tail and United States, 270 U.S. 243 (1926) First Moon v. White Tail and United States No.191 Argued January 29, 1926 Decided March 1, 1926 270 U.S. 243 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA Syllabus 1 A decision of the Secretary of the Interior determining who are the heirs of an Indian allottee who died intestate after receiving his trust patent under the General Allotment Act and before issuance of a fee simple patent, is made conclusive by the Act of June 10, 1910, and the district court is without jurisdiction to reexamine it for alleged error of law. So held in a suit against an adverse claimant and the United States. P. 270 U. S. 243 . 2. The Act of December 21, 1911, amending 24 of the Judicial Code and conferring on district courts jurisdiction of actions involving the right of persons of Indian blood or de...
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Decided on : Mar-01-1926
United States v. Minnesota - 270 U.S. 181 (1926) U.S. Supreme Court United States v. Minnesota, 270 U.S. 181 (1926) United States v. Minnesota No. 17, Original Argued January 4, 5, 1926 Decided March 1, 1926 270 U.S. 181 Syllabus 1. A suit against a state brought by the United States as guardian of tribal Indians to recover the title, or money proceeds, of lands alleged to have been patented to the state by the United States in breach of its trust obligations to the Indians is not a suit in which the Indians are the real parties in interest, but one in which the United States is really and directly interested, and is within the original jurisdiction of this Court. P. 270 U. S. 193 . 2. The six-year limitation (Act of March 3, 1891) is inapplicable where the United States sues to annul patents issued in alleged violation of rights of its Indian wards and of its obligations to them. P. 270 U. S. 195 . 3. State statutes of limitations do not apply to such suits. Id. 4. T...
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Decided on : Jan-11-1926
Independent Wireless Tel. Co. v. Radio Corp. - 269 U.S. 459 (1926) U.S. Supreme Court Independent Wireless Tel. Co. v. Radio Corp., 269 U.S. 459 (1926) Independent Wireless Telegraph Company v. Radio Corporation of America No. 87 Argued October 23, 1925 Decided January 11, 1926 269 U.S. 459 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A suit by an exclusive licensee under a patent to protect his rights against infringement by a stranger, without joining the patent owner as plaintiff, does not arise under the patent laws (Rev.Stats. 4921), but is based merely on contract rights, and is not maintainable in the federal court in the absence of diversity of citizenship. P. 269 U. S. 466 . 2. An exclusive licensee may bring suit under Rev.Stats. 4921 by joining the patent owner as a co-plaintiff when the latter is out of the jurisdiction and declines to join and when such suit is Page 269 U. S. 460 necessary to protect the rights of the li...
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Decided on : Apr-12-1926
Luckett v. Delpark, Inc. - 270 U.S. 496 (1926) U.S. Supreme Court Luckett v. Delpark, Inc., 270 U.S. 496 (1926) Luckett v. Delpark, Inc. No. 220 Argued March 16 1926 Decided April 12, 1926 270 U.S. 496 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Syllabus 1. A suit is within the jurisdiction of the district court, as arising under the patent laws, where the bill seeks an injunction against infringement, with profits and damages, even though it contain averments in denial of an anticipated defense of license or authority Page 270 U. S. 497 to use the patent. Hartell v. Tilghman, 99 U. S. 547 , qualified. P. 270 U. S. 510 . 2. But where the main purpose of the bill is to recover royalties under a license or assignment, or damages for breach of covenants, or for specific performance thereof, or to declare a forfeiture of licenses or obtain a reconveyance of an assigned patent for breach of conditions, additional averments of danger that t...
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Decided on : Mar-22-1926
Smith v. McCullough - 270 U.S. 456 (1926) U.S. Supreme Court Smith v. McCullough, 270 U.S. 456 (1926) Smith v. McCullough No. 22 Argued October 8, 1925 Decided March 22, 1926 270 U.S. 456 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. Whatever is essential to federal jurisdiction must be alleged in the complaint; otherwise the suit must be dismissed unless the defect in the complaint be cured by amendment. P. 270 U. S. 459 . 2. Where the jurisdiction depended on the existence of a dispute over the construction of federal statutes which was not properly shown in the bill, but which was the principal controversy in several trials in which jurisdiction was assumed to exist by the courts and both parties, and this appeared by the record, held that the defect was amendable, and would be treated as amended in this Court. P. 270 U. S. 459 . Page 270 U. S. 457 3. A judgment of the circuit court of appeal reversing the district court and remandi...
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Decided on : Jun-01-1926
United States v. Candelaria - 271 U.S. 432 (1926) U.S. Supreme Court United States v. Candelaria, 271 U.S. 432 (1926) United States v. Candelaria No. 208 Argued November 18, 19, 1925 Decided June 1, 1926 271 U.S. 432 ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The Pueblo Indian tribes in New Mexico are dependent communities under the protective care of the United States, and their lands, though held by title in fee simple, are subject to the legislation of Congress enacted in the exercise of the government's guardianship. P. 271 U. S. 439 . 2. The purpose of Congress to subject the lands of these Indians to such legislation has been made certain in various ways, including an act annulling and forbidding taxation of lands by the Territory Page 271 U. S. 433 of New Mexico and provision of a special attorney to represent the Pueblo Indians and protect their interests. P. 271 U. S. 440 . 3. The Pueblos are "Indian tribes" within t...
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