Us Supreme Court Court November 1902 Judgments
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iowa Vs. Rood
Court: US Supreme Court
Decided on: Nov-17-1902
Iowa v. Rood - 187 U.S. 87 (1902) U.S. Supreme Court Iowa v. Rood, 187 U.S. 87 (1902) Iowa v. Rood No. 9 Argued October 14-15, 1902 Decided November 17, 1902 187 U.S. 87 ERROR TO THE SUPREME COURT OF THE STATE OF IOWA Syllabus Where the title claimed by the State of Iowa to land formerly the bed of a lake rested solely upon the proposition that the state became vested, upon its admission into the Union, with sovereignty over the beds of all lakes within its borders, and upon the act of the general government in meandering such lakes and excluding from its survey of public lands all such as lay beneath their waters, and the supreme court of the state has decided adversely to the state and in favor of one who claimed under the Act of Congress of September 28, 1850, known as the Swamp Land Act, there is no question involving the validity of any treaty or statute of the United States or the constitutionality of any state statute or authority which gives this Court jurisdiction....
Bird Vs. United States
Court: US Supreme Court
Decided on: Nov-17-1902
Bird v. United States - 187 U.S. 118 (1902) U.S. Supreme Court Bird v. United States, 187 U.S. 118 (1902) Bird v. United States No. 306 Argued October 14, 1902 Decided November 17, 1902 187 U.S. 118 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA Syllabus Bird was twice tried and found guilty of the crime of murder and sentenced to death by the District Court of the United States for the District of Alaska; while an appeal from the first trial was pending in this Court, which resulted in reversal, 180 U. S. 180 U.S. 366, Congress passed the Act of March 31, 1899, to "define and punish crimes in the District of Alaska and to provide a code of criminal procedure for said district," which went into effect July 1, 1899; on June 6, 1900, Congress passed another act for Alaska "making further provision for a civil government in Alaska and for other purposes." On the second trial, plaintiff in error contended that these acts deprived the trial court o...
Romig Vs. Gillett
Court: US Supreme Court
Decided on: Nov-17-1902
Romig v. Gillett - 187 U.S. 111 (1902) U.S. Supreme Court Romig v. Gillett, 187 U.S. 111 (1902) Romig v. Gillett No. 52 Argued October 20-21, 1902 Decided November 17, 1902 187 U.S. 111 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus Under 3950, 3951 and 3955 of the statutes of Oklahoma, where a judgment of foreclosure and sale of land in Oklahoma Territory is based upon service of the summons by publication, the facts tending to show the exercise of due diligence in attempting to serve the defendant within the territory must be disclosed in the affidavit on which the order for service by publication is based. But where a publication has been made, approved by the court and a decree entered thereon, and the mortgagee put in possession thereunder, the mortgage not having been paid, and the mortgagee has improved the Page 187 U. S. 112 property, 4498 of the statutes of Oklahoma will protect the mortgagee in possession, and equitable principles must co...
American School of Magnetic Healing Vs. Mcannulty
Court: US Supreme Court
Decided on: Nov-17-1902
American School of Magnetic Healing v. McAnnulty - 187 U.S. 94 (1902) U.S. Supreme Court American School of Magnetic Healing v. McAnnulty, 187 U.S. 94 (1902) American School of Magnetic Healing v. McAnnulty No. 27 Argued October 15, 19, 1902 Decided November 17, 1902 187 U.S. 94 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus On demurrer, all the material facts averred in a bill of complaint are admitted, including averments describing complainant's business and stating that it is founded "almost exclusively on the physical and practical proposition that the mind of the human race is largely responsible for its ills, and is a perceptible factor in the healing, curing, benefiting and remedying thereof, and that the human race does possess the innate power through proper exercise of the faculty of the brain and mind, to largely control and remedy the ills that humanity is heir to, and they [complainants] discard and eliminate ...
Jacobi Vs. Alabama
Court: US Supreme Court
Decided on: Nov-17-1902
Jacobi v. Alabama - 187 U.S. 133 (1902) U.S. Supreme Court Jacobi v. Alabama, 187 U.S. 133 (1902) Jacobi v. Alabama No. 341 Argued November 7, 1902 Decided November 17, 1902 187 U.S. 133 ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA Syllabus Plaintiff in error was convicted of assault, and the judgment was affirmed by the Supreme Court of Alabama; the conviction was the result of a second trial, and the alleged victim who testified at the first trial was not present at the second trial; the witness was permanently absent from the state, and there was no pretense of absence by procurement, but there was evidence of diligence in attempting to serve process on her. Evidence of the former testimony of this witness was admitted against defendant's objections based on several grounds, one of which was that he had the constitutional right to be confronted by the witness, but as no reference to the Constitution of the United States was made in the objections, and the Constitu...
Kansas City Suburban Belt Ry. Co. Vs. Herman
Court: US Supreme Court
Decided on: Nov-03-1902
Kansas City Suburban Belt Ry. Co. v. Herman - 187 U.S. 63 (1902) U.S. Supreme Court Kansas City Suburban Belt Ry. Co. v. Herman, 187 U.S. 63 (1902) Kansas City Suburban Belt Railway Company v. Herman No. 321 Submitted October 20, 1902 Decided November 3, 1902 187 U.S. 63 ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS Syllabus While an action commenced in a state court against two defendants, one of whom is a resident and the other a nonresident, may be removed to the Circuit Court of the United States by the nonresident defendant if it can be shown that the cause of action is separable and the resident defendant is joined fraudulently for the purpose of preventing the removal of the cause to the federal court, such removal cannot be had if it does not appear that the resident defendant, is fraudulently joined for such purpose. This rule will be adhered to even if, on the trial of the action, the lower court holds that no evidence was given by the plaintiff tending to sh...
TurpIn Vs. Lemon
Court: US Supreme Court
Decided on: Nov-03-1902
Turpin v. Lemon - 187 U.S. 51 (1902) U.S. Supreme Court Turpin v. Lemon, 187 U.S. 51 (1902) Turpin v. Lemon No. 35 Argued March 17, 1902 Decided November 3, 1902 187 U.S. 51 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA Syllabus The statutes of West Virginia in regard to the sale of land for unpaid taxes require certain proceedings to be taken by the sheriff, but do not require the sheriff to show in his return that he has complied with these requirements; the statutes also make the deed given by the sheriff prima facie evidence that the material facts therein recited are true. Held that the effect of these statutes is to change the burden of proof, which rested at common law upon the purchaser at a tax sale to show the regularity of all proceedings prior to the deed, and to cast it upon the party who contests the sale. Exactly what due process of law requires in the assessment and collection of general taxes has never yet been de...
Baker Vs. Baldwin
Court: US Supreme Court
Decided on: Nov-03-1902
Baker v. Baldwin - 187 U.S. 61 (1902) U.S. Supreme Court Baker v. Baldwin, 187 U.S. 61 (1902) Baker v. Baldwin No. 4 Submitted October 14, 1902 Decided November 3, 1902 187 U.S. 61 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus The Supreme Court of Michigan affirmed a decree compelling the release of a mortgage, payment whereof had been tendered in silver dollars coined after 1878 and refused on the ground that the legal tender provisions of the act of Congress of February 28, 1878, were unconstitutional. As such decision was not against the validity of the statute, but sustained its validity, and as the jurisdiction of this Court over the judgments and decrees of state courts in suits involving the validity of statutes of the United Page 187 U. S. 62 States can only be exercised under section 709 of the Revised Statutes when the decision is against their validity, the writ of error was dismissed. The case is stated in the opinion of the Court. MR. CHIEF J...
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