Us Supreme Court Court February 1907 Judgments
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United States Vs. Hite
Court: US Supreme Court
Decided on: Feb-26-1907
United States v. Hite - 204 U.S. 343 (1907) U.S. Supreme Court United States v. Hite, 204 U.S. 343 (1907) United States v. Hite No. 276 Submitted December 18, 1906 Decided February 26, 1907 204 U.S. 343 APPEAL FROM THE COURT OF CLAIMS Syllabus Under the Act of March 3, 1889, 30 Stat. 1228, the two months' pay to which an officer of the Navy is entitled who was detached from his vessel and ordered home to be honorably discharged after creditable service during the war with Spain is to be computed at the rate of pay he was receiving for sea service when detached, and not at the rate of his pay for shore service when he was actually discharged. 41 Ct.Cl. 256 affirmed. The facts are stated in the opinion. Page 204 U. S. 344 MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. This was a petition for the recovery of $116.66. The case having been heard by the Court of Claims, that court, upon the evidence, filed the following findings of fact and conclusion of law: "...
United States Fidelity Vs. Kenyon
Court: US Supreme Court
Decided on: Feb-25-1907
United States Fidelity v. Kenyon - 204 U.S. 349 (1907) U.S. Supreme Court United States Fidelity v. Kenyon, 204 U.S. 349 (1907) United States Fidelity and Guaranty Company v. Kenyon No. 173 Argued January 18, 1907 Decided February 25, 1907 204 U.S. 349 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF RHODE ISLAND Syllabus Under the Act of August 13, 1894, 28 Stat. 278, as construed in the light of the act passed the same day, 28 Stat. 282, and of the act amending the latter passed January 24, 1905, 33 Stat. 811, in suits brought in the name of the United States for the benefit of materialmen and laborers on bonds given in pursuance of the act, the United States is a real litigant, and not a mere nominal party, and the Circuit Court of the United States has jurisdiction of such suits without regard to the value of the matter in dispute. By an Act of Congress approved August 13, 1894, entitled "An Act for the Protection of Persons Furnishing Materials and ...
Gulf Colorado and Santa Fe Ry. Co. Vs. Texas
Court: US Supreme Court
Decided on: Feb-25-1907
Gulf Colorado & Santa Fe Ry. Co. v. Texas - 204 U.S. 403 (1907) U.S. Supreme Court Gulf Colorado & Santa Fe Ry. Co. v. Texas, 204 U.S. 403 (1907) Gulf Colorado & Santa Fe Railway Company v. Texas No. 2 Argued October 11, 1906 Decided February 25, 1907 204 U.S. 403 ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS Syllabus Where the facts are settled in the state court by special findings, those findings are conclusive upon this Court. An interstate shipment -- in this case of carload lots -- on reaching the point specified in the original contract of transportation, ceases to be an interstate shipment, and its further transportation to another point within the same state, on the order of the consignee, is controlled by the law of the state, and not by the Interstate Commerce Act. 97 Tex. 274 affirmed. Page 204 U. S. 404 In the District Court of Tarrant County, Texas, on July 28 , 1902, the State of Texas recovered a judgment against the Gulf, Colorado & Santa Fe Railway ...
Mckay Vs. Kalyton
Court: US Supreme Court
Decided on: Feb-25-1907
McKay v. Kalyton - 204 U.S. 458 (1907) U.S. Supreme Court McKay v. Kalyton, 204 U.S. 458 (1907) McKay v. Kalyton No. 181 Argued January 25, 1907 Decided February 25, 1907 204 U.S. 458 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus Although the federal right was first claimed in the state court in the petition for rehearing, if the question was raised, was necessarily involved, and was considered and decided adversely by the state court, this Court has jurisdiction under 709, Rev.Stat. The United States has retained such control over the allotments to Indians that, except as provided by acts of Congress, controversies involving the determination of title to and right to possession of Indian allotments while the same are held in trust by the United States are not primarily cognizable by any court, state or federal. The Act of August 15, 1894, 28 Stat. 286, delegating to federal courts the power to determine questions involving the rights of Indians to allotment...
United States Vs. Keatley
Court: US Supreme Court
Decided on: Feb-25-1907
United States v. Keatley - 204 U.S. 562 (1907) U.S. Supreme Court United States v. Keatley, 204 U.S. 562 (1907) United States v. Keatley No. 482 Submitted January 29, 1907 Decided February 25, 1907 204 U.S. 562 APPEAL FROM THE COURT OF CLAIMS Syllabus Where several persons are indicted under one indictment, an order of the court granting separate trials makes separate independent causes and entitles the clerk to separate docket fees under par. 10 of 828, Rev.Stat. Clerk's fee for recording abstract of judgment allowed on folio basis under par. 8 of 828, Rev.Stat., in addition to the docket allowed by pars. 10, 11, 12 of that section. 41 Ct.Cl. 384 affirmed. The facts are stated in the opinion. MR. JUSTICE McKENNA delivered the opinion of the Court. The claimant in the court below, appellee here, was Clerk of the United States Circuit Court for the Southern District of West Virginia from July 1 to July 6, 1902, and clerk of that court and the district court from July 16...
Mcguire Vs. Gerstley
Court: US Supreme Court
Decided on: Feb-25-1907
McGuire v. Gerstley - 204 U.S. 489 (1907) U.S. Supreme Court McGuire v. Gerstley, 204 U.S. 489 (1907) McGuire v. Gerstley No. 168 Argued January 17, 18, 1907 Decided February 25, 1907 204 U.S. 489 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus A bond to secure sales made on a credit for a specified period means that the purchasers shall not be called on for payment until after the expiration of that period, and if the declaration shows that such period has actually elapsed since the sales sued for were made, it is sufficient although it may not allege that the sales were made on the specified terms. Pleas in defense to a suit on such a bond alleging damages for failure to sell on the terms and for prices agreed must be distinct and set forth the details. In order to found a cause of action on the shortcomings of another, they must be so plainly set up as to show that they were the proximate and natural cause of actual damages sustained. Where a bond gi...
Allen Vs. United States
Court: US Supreme Court
Decided on: Feb-25-1907
Allen v. United States - 204 U.S. 581 (1907) U.S. Supreme Court Allen v. United States, 204 U.S. 581 (1907) Allen v. United States No. 192 Argued January 29. 30.1907 Decided February 25, 1907 204 U.S. 581 APPEAL FROM THE COURT OF CLAIMS Syllabus Under 1986, Rev.Stat., a commissioner of the United States is not entitled to any fees for drawing complaints or jurats thereto charging offenses under ch. 7, Title 70, Rev.Stat., unless the complaints are served; there is no case within the meaning of 1986 unless there be an arrest and examination. The fee provided by 1986 covers all services, and unless earned, the commissioner gets no other and is not entitled to compensation under 847, Rev.Stat., which as well as 823 and 828 are supplanted in this class of cases by 1986. Where the United States commissioner is also supervisor of election, he is not entitled to compensation for certifying the complaints from himself in one capacity to himself in another capacity under 2027...
Smithers Vs. Smith
Court: US Supreme Court
Decided on: Feb-25-1907
Smithers v. Smith - 204 U.S. 632 (1907) U.S. Supreme Court Smithers v. Smith, 204 U.S. 632 (1907) Smithers v. Smith No. 138 Submitted December 21, 1906 Decided February 25, 1907 204 U.S. 632 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus When the circuit court dismisses a case under the provisions of 1 of the Act of March 3, 1875, 18 Stat. 470, as amended by 1 of the Act of August 13, 1888, 25 Stat. 434, because not substantially involving the requisite amount in controversy to confer jurisdiction, the order of the court, in this case without a jury, is subject to review in this Court in respect to the rulings of law and findings of fact upon the evidence. Whatever plaintiff's motive in bringing his suit in the federal court, rather than in the state court may be, he has the right to act upon it. Page 204 U. S. 633 Where a plaintiff in good faith asserts a claim against several defendants that, acting together, they have tak...
Union Bridge Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-25-1907
Union Bridge Co. v. United States - 204 U.S. 364 (1907) U.S. Supreme Court Union Bridge Co. v. United States, 204 U.S. 364 (1907) Union Bridge Company v. United States No. 431 Argued December 5, 6, 1906 Decided February 25, 1907 204 U.S. 364 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus Commerce comprehends navigation, and to free navigation from unreasonable obstructions by compelling the removal of bridges which are such obstructions is a legitimate exercise by Congress of its power to regulate commerce. Congress when enacting that navigation be freed from unreasonable obstructions arising from bridges which are of insufficient height or width of span or are otherwise defective, may, without violating the constitutional prohibition against delegation of legislative or judicial power, impose upon an executive officer the duty of ascertaining what particular cases come within the prescribed rule. Page 204 U. S. 365 Requ...
Kansas Vs. United States
Court: US Supreme Court
Decided on: Feb-25-1907
Kansas v. United States - 204 U.S. 331 (1907) U.S. Supreme Court Kansas v. United States, 204 U.S. 331 (1907) Kansas v. United States No. 11, Original Submitted November 12, 1906 Decided February 25, 1907 204 U.S. 331 Where the name of a state is used simply for the prosecution of a private claim, the original jurisdiction of this Court cannot be maintained. Although a state may be sued by the United States without its consent, public policy forbids that the United States may, without its consent, be sued by a state. The facts are stated in the opinion. Page 204 U. S. 337 MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. On April 30, 1906, the State of Kansas applied for leave to file a bill of complaint against the United States and others, to which the United States objected on the ground of want of jurisdiction. May 21 leave was granted, without prejudice, and the bill was accordingly filed. As such an application by a state is usually granted as of course, ...
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