Court : US Supreme Court
..... there in his official character prior to the day fixed for said opening, was thereby disqualified from making a homestead entry immediately upon the lands being opened for settlement. payne, the appellant here, filed his bill of complaint in the district court for the county of logan and territory of oklahoma, first judicial district, against ..... duties of deputy marshal, complainant "had formed no purpose or intention in regard to selecting and taking a homestead when said lands should be duly opened to settlement," nevertheless it was averred elsewhere in the bill that, in reliance on certain opinions and assurances of the commissioner of the general land office and the ..... ., . . ." "will at and after the hour of twelve o'clock, noon, of the twenty-second day of april next, and not before, be open for settlement, under the terms of, and subject to, all the conditions, limitations, and restrictions contained in said act of congress approved march second, eighteen hundred and eighty-nine, and .....
Tag this Judgment!Court : US Supreme Court
..... states buckeye check cashing, inc. v . cardegna et al. certiorari to the supreme court of florida no. 04 1264. argued november 29, 2005 decided february 21, 2006 for each deferred-payment transaction respondents entered into with buckeye check cashing, they signed an agreement containing provisions that required binding arbitration to resolve disputes arising out of the agreement. respondents sued in florida ..... court or an arbitrator should consider the claim that a contract containing an arbitration provision is void for illegality. i respondents john cardegna and donna reuter entered into various deferred-payment transactions with petitioner buckeye check cashing (buckeye), in which they received cash in exchange for a personal check in the amount of the cash plus a finance charge. for each .....
Tag this Judgment!Court : UK Supreme Court
..... products to those who wish and are old enough to purchase them. promotion of public health in scotland is a responsibility of the scottish parliament under the devolution settlement. taylor lj's observation in united states tobacco at p 365 that the 1987 act is apt to protect the consumer for reasons of public health must not ..... while itself continuing as the sovereign legislature of the united kingdom. the statutory language was informed by principles that were applied to resolve questions that had arisen in federal systems, where the powers of various legislatures tend to overlap: see martin, paras 11-15. but the intention was that it was to the 1998 act itself, not to ..... rules must be interpreted in the same way as any other rules that are found in a uk statute. the system that those rules laid down must, of course, be taken to have been intended to create a system for the exercise of legislative power by the scottish parliament that was coherent, stable and workable. this is a factor .....
Tag this Judgment!Court : US Supreme Court
..... demurrage rules, plus one day in addition. in the owasco river ry. case, 53 i.c.c. 104, 113, a straight per diem system was ordered; but this basis of settlement was disapproved soon after in birmingham southern r. co. v. director general, 61 i.c.c. 551. in this case, an industrial common ..... 1, hereinbefore quoted, undoubtedly includes the power to make reasonable rules prescribing forms and methods of accounting, reporting, and distributing payments in respect of such service. the commission is here dealing with the railroad system of the country as a whole. a multitude of interrelated interests in concerned. the trunk lines, as owners, furnish in ..... connecting carriers. the objection urged to the paragraph is that it requires the connecting carrier to expend its money in keeping accounts and making reports and payments in respect of operating expenses of the short line carrier, and thus amounts to confiscation in the guise of regulation. the classification which results in exempting .....
Tag this Judgment!Court : US Supreme Court
..... 659, created a commission with power to settle the indebtedness. an agreement of settlement was made in which the southern pacific was a participant, and by it assured the payment of the securities provided for in the agreement of settlement between the central pacific railroad company and the government. this participation was contemplated in ..... resulting in the unified control of different roads or systems, naturally competitive, constitute "a menace and a restraint upon that freedom of commerce which congress intended to recognize and protect and which the public is ..... the principle of that decision and of the previous cases upon which it rested was broader than the mere effect upon existing competition between the two systems. such combinations, not the result of normal and natural growth and development, but springing from the formation of holding companies, or stock purchases, .....
Tag this Judgment!Court : US Supreme Court
..... might generally affect the various federal benefit systems. such an intent is not to be found either in the 1977 definitional amendment to 659, in which congress expressly stated that "alimony" was not meant to include payments or transfers "in compliance with any community property settlement." on its face, the amendment, 462 ..... state law by a court of competent jurisdiction. such term does not include any payment or transfer of property or its value by an individual to his spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other division of property between spouse or former spouses ..... meaning of spousal support. that statute states specifically that "alimony" "does not include any payment or transfer of property or its value by an individual to his spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other division of property between spouses or former spouses." .....
Tag this Judgment!Court : US Supreme Court
..... we recognized the standing of a proprietary handler to question the alleged discrimination shown in favor of the cooperative handlers. the producer settlement fund is created to meet allowable deductions by the payment of a part of the minimum price to producers through the market administrator. see note 15 supra. rock royal pointed out that ..... touching the revenue, the public domain, national banks and patents, not until the interstate commerce act of 1887 did congress begin to place economic enterprise under systems of administrative control. these regulatory schemes have varied in the range page 321 u. s. 312 of control exercised by government; they have varied no less ..... it is much more definite and personal than the right of complainants to judicial consideration of their objections to regulations, which this court upheld in columbia broadcasting system v. united states, 316 u. s. 407 . in the present case, a reexamination of the preceding statement of facts and summary of the statute .....
Tag this Judgment!Court : US Supreme Court
..... act, a scrutiny that includes supervision of the fees paid by the holding company in connection with the "acquisition." [ footnote 5 ] bond & share's cash payment in settlement of the intra-system claim was incident to the "sale" under 12 and the "acquisition" under 10. and, as noted, all three transactions by bond & share were parts of ..... exchange of its securities for new securities was a "sale" under the act; its receipt of new securities was an "acquisition" under the act; its cash payment in settlement of the intra-system claims was incident to the "sale" and "acquisition"; and all three transactions were parts of the reorganization plan for which bond & share applied for the ..... u. s. 343 the holders of the common stock and of the warrants of electric; and (4) bond & share would pay electric $2,200,000 in settlement of intra-system claims. the plan filed by electric under 11(e) required bond & share to do three things: first, sell or exchange its holdings of electric stock; second, .....
Tag this Judgment!Court : US Supreme Court
..... and gives up the right of rescission and the right to sue for damages. what he receives in return is the government's assurances of speedy settlement and of prompt payment, not payment delayed for months or, as here, for years. 4. to compel a contractor to go through the administrative process and to proceed and to perform ..... thus, the "fraud" exception to the finality of disputes decisions was not written into disputes clauses, but was judicially fashioned. page 406 u. s. 25 under this system, then, a contractor dissatisfied with an adverse disputes decision could contest the finality of that decision only by proving in court that it was fraudulent. the government, of ..... of the government. of course, the government's rights are to be protected. that protection, however, is afforded by the nature and workings of the contract disputes system, by its emphasis on expeditious performance and getting the job done, and by the presence of the contracting officer and the agency, but not of the gao. .....
Tag this Judgment!Court : US Supreme Court
..... which recited that the provisions of the act of 1871 made it mandatory upon the council to provide for an extensive system of drainage and to recognize the claims and accounts of and make settlements with the mississippi and mexican gulf ship canal company for performing such work, and that the city council deemed certain ..... the scope of the entire legislation, from its inception in 1858 to its close in 1872, was local improvements for the benefit of adjacent property, with payment only through special assessments, and did not contemplate a work of general benefit whose expense was chargeable to the municipality at large. the legislation of 1858, 1859 ..... paid in full." the commissioners were thereafter to levy such uniform assessments upon the superficial or square foot within the drainage section as might be necessary for payment of the work. this statute also provided that, on nonpayment of the assessment, judgment might be recovered therefor in any court of competent jurisdiction, and .....
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