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Us Supreme Court Court February 1902 Judgments

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Feb 24 1902

Cleveland Trust Co. Vs. Lander

Court: US Supreme Court

Decided on: Feb-24-1902

Cleveland Trust Co. v. Lander - 184 U.S. 111 (1902) U.S. Supreme Court Cleveland Trust Co. v. Lander, 184 U.S. 111 (1902) Cleveland Trust Co. v. Lander No. 88 Argued January 10, 1902 Decided February 24, 1902 184 U.S. 111 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus What the Constitution of the Ohio requires or what the statutes of that state require as to taxation must be left in this case to be decided by the supreme court of the state, and its decision is not open to review or objection here. The manner of taxation in this case being legal under the statutes of the United States, its effect cannot be complained of in federal tribunals. This, a writ of error, to review the judgment of the Supreme Court of the State of Ohio which sustained the ruling of the Court of Common Pleas of Cuyahoga County, dismissing upon the demurrer of the defendant in error the petition of the plaintiff in error praying for an order and decree restraining the collection of taxes ...


Feb 24 1902

Minnesota Vs. Northern Securities Co.

Court: US Supreme Court

Decided on: Feb-24-1902

Minnesota v. Northern Securities Co. - 184 U.S. 199 (1902) U.S. Supreme Court Minnesota v. Northern Securities Co., 184 U.S. 199 (1902) Minnesota v. Northern Securities Company No. 10, Original Argued January 27, 1902 Decided February 24, 1902 184 U.S. 199 ORIGINAL Syllabus Whether a bill in equity, filed in the name of a state, seeking to prevent by injunction a corporation organized under the laws of another state, with power to acquire and hold shares of the capital stock of any other corporation, from obtaining and exercising ownership and control of two or more competing railroad companies of the state so as to evade and defeat its laws and policy forbidding the consolidation of such railroads when parallel and competing, is a controversy of which this Court has jurisdiction. The general rule in equity is that all persons materially interested, either legally or beneficially, in the subject matter of a suit are to be made parties to it, and the established practice of ...


Feb 24 1902

Terlinden Vs. Ames

Court: US Supreme Court

Decided on: Feb-24-1902

Terlinden v. Ames - 184 U.S. 270 (1902) U.S. Supreme Court Terlinden v. Ames, 184 U.S. 270 (1902) Terlinden v. Ames No. 475 Argued January 6-7, 1902 Decided February 24, 1902 184 U.S. 270 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Extradition proceedings before a committing magistrate thereto duly authorized, where jurisdiction exists, and there is competent legal evidence tending to establish the criminality alleged cannot be interfered with by habeas corpus. In this case, the writ of habeas corpus was issued before the examination by the commissioner was entered upon, and the inquiry was confined to the question of his jurisdiction. He had jurisdiction if there was a treaty between this and the demanding country, and the commission of extraditable offences was charged. Offenses were charged to have been committed "contrary to the laws of Prussia," and although the violated laws were prescribed by imperial authority...


Feb 24 1902

Brainard Vs. Buck

Court: US Supreme Court

Decided on: Feb-24-1902

Brainard v. Buck - 184 U.S. 99 (1902) U.S. Supreme Court Brainard v. Buck, 184 U.S. 99 (1902) Brainard v. Buck No. 110 Argued January 15-16, 1902 Decided February 24, 1902 184 U.S. 99 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus The court below had power to authorize the amendment made to the bill. It is the settled doctrine of this Court that the concurrent decisions of two courts upon a question of fact will be followed, unless shown to be clearly erroneous, and in this case, after examining the evidence, it seems to this Court that the findings of the court below were justified by it, and that they established that a trust resulted in favor of Buck. The above appellants seek a review in this Court of the judgment of the Court of Appeals of the District of Columbia in this case affirming a judgment of the Supreme Court of the District enjoining the appellants from the further prosecution of an action of ejectment brought by them against appellee ...


Feb 24 1902

Studebaker Vs. Perry

Court: US Supreme Court

Decided on: Feb-24-1902

Studebaker v. Perry - 184 U.S. 258 (1902) U.S. Supreme Court Studebaker v. Perry, 184 U.S. 258 (1902) Studebaker v. Perry No. 122 Argued January 17, 20, 1902 Decided February 24, 1902 184 U.S. 258 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The single question for the determination of the court in this case is whether the Comptroller of the Currency, acting under the national banking laws, can validly make more than one assessment upon the shareholders of an insolvent national banking association, and it is held that be can, the language of the statutes on that subject being plain and free from doubt. On November 9, 1899, in the Circuit Court of the United States for the Northern Distract of Illinois, John Perry, as receiver of the National Bank of Kansas City, brought an action against Clement Studebaker to recover an assessment made by the Comptroller of the Currency on stock held by the defendant in said bank. The declaration set forth the in...


Feb 24 1902

Hatfield Vs. King

Court: US Supreme Court

Decided on: Feb-24-1902

Hatfield v. King - 184 U.S. 162 (1902) U.S. Supreme Court Hatfield v. King, 184 U.S. 162 (1902) Hatfield v. King No. 221 Submitted November 11, 1901 Decided February 24, 1902 184 U.S. 162 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA Syllabus It is contended by appellants that the decree in the circuit court against them ought to be set aside because they have not had the hearing in that court to which they were entitled by law; that they were not served with process; that counsel unauthorized by them entered their appearance, and after having wrongfully entered their appearance failed to take the proper steps for the protection of their rights. It is also contended by other parties than the appellants that there was no real controversy between the parties nominally opposed to each other, and that the litigation was in fact carried on under the direction and control of the plaintiff. Held that questions of this kind may be examined u...


Feb 24 1902

United States Vs. Barlow

Court: US Supreme Court

Decided on: Feb-24-1902

United States v. Barlow - 184 U.S. 123 (1902) U.S. Supreme Court United States v. Barlow, 184 U.S. 123 (1902) United States v. Barlow Nos. 127, 128 Argued January 23, 1902 Decided February 24, 1902 184 U.S. 123 APPEALS FROM THE COURT OF CLAIMS Syllabus Under the contract with the United States for the construction of a dry dock which is set forth and referred to in the statement of facts and in the opinion of the court, the decision of the engineer in charge of the work upon the quality of the sandstone employed by the constructor was final when properly exercised, but it could not be exercised in advance of the work and forestall his judgment of stone furnished or about to be used, or the judgment of any other competent officer, or person, or persons who might be designated by the Navy Department. The Court of Claims did not pass upon the issue raised as to the quality of the stone furnished, but accepted the decision of the engineer as final as matter of law. This Court l...


Feb 24 1902

United States Vs. St. Louis Andc.; Trans. Co.

Court: US Supreme Court

Decided on: Feb-24-1902

United States v. St. Louis &c.; Trans. Co. - 184 U.S. 247 (1902) U.S. Supreme Court United States v. St. Louis &c.; Trans. Co., 184 U.S. 247 (1902) United States v. St. Louis and Mississippi Valley Transportation Company No. 89 Argued January 10, 13, 1902 Decided February 24, 1902 184 U.S. 247 APPEAL FROM THE COURT OF CLAIMS Syllabus After the findings of fact, conclusions of law, and judgment in this case were filed, two successive motions for a new trial were made on behalf of defendant, whereupon the former findings were withdrawn and new and amended findings and opinion filed. Held that, as these amendments were made at defendant's request, the existing conclusions of law and judgment were not thereby disturbed. The evidence adduced shows that the facts found were sufficient to warrant the court below in holding that the collision in the Mississippi River at New Orleans, whereby the Transportation Company lost a vessel, was the result of the negligence of the officers...


Feb 24 1902

O'Brien Vs. Wheelock

Court: US Supreme Court

Decided on: Feb-24-1902

O'Brien v. Wheelock - 184 U.S. 450 (1902) U.S. Supreme Court O'Brien v. Wheelock, 184 U.S. 450 (1902) O'Brien v. Wheelock No. 38 Argued October 21-22, 1901 Decided February 24, 1902 184 U.S. 450 CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus An unconstitutional law cannot be held valid as to particular parties on the ground of estoppel, and executed as a law. In accordance with a certain act of the General Assembly of Illinois, bonds had been issued by commissioners appointed for the purpose of constructing a levee, and assessments had been made to pay for them against lands alleged to have been benefited; some of the landowners contested judgment on the assessments, and the act was adjudged by the supreme court of the state to be unconstitutional; the bonds and the assessments fell with the act, and the landowners were not estopped from denying its validity. A party who has received the full benefit of proceedings under a law fo...


Feb 24 1902

Voigt Vs. Detroit

Court: US Supreme Court

Decided on: Feb-24-1902

Voigt v. Detroit - 184 U.S. 115 (1902) U.S. Supreme Court Voigt v. Detroit, 184 U.S. 115 (1902) Voigt v. Detroit No. 83 Argued December 6, 1901 Decided February 24, 1902 184 U.S. 115 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus The Supreme Court of the Michigan, having decided that the amount of taxes in a case like the present which may be assessed upon a district or upon any given parcel of land therein cannot exceed the benefits, on a hearing given him, the property owner could have shown Page 184 U. S. 116 that there was a violation of that rule, if it had been violated, and such violation would have relieved his land from the tax; but he was not entitled to a notice of every step in the proceedings. This is a bill in equity brought by plaintiff in error in the Circuit Court for Wayne County, Michigan, to restrain the sale of his lands for an assessment levied by the City of Detroit for city improvements on the ground that the law under which the ass...


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