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Us Supreme Court Court February 1908 Judgments

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Feb 24 1908

Cosmopolitan Club Vs. Virginia

Court: US Supreme Court

Decided on: Feb-24-1908

Cosmopolitan Club v. Virginia - 208 U.S. 378 (1908) U.S. Supreme Court Cosmopolitan Club v. Virginia, 208 U.S. 378 (1908) Cosmopolitan Club v. Virginia No. 130 Argued January 23, 1908 Decided February 24, 1908 208 U.S. 378 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA Syllabus The charter of a private corporation may be forfeited or annulled for the misuse of it corporate privilege and franchise, and its forfeiture or annulment, by appropriate judicial proceeding, for such a reason would not impair the obligation of the contract, if any, arising between the state and the corporation out of the mere granting of the charter. The charter granted to a club, held, in this case, not to amount to such a contract Page 208 U. S. 379 that the club could disregard the valid laws subsequently enacted by the state regulating the sale of liquor. The judgment of a court of competent jurisdiction of Virginia, made after a hearing, that a corporation of that state had ...


Feb 24 1908

The Troy

Court: US Supreme Court

Decided on: Feb-24-1908

The Troy - 208 U.S. 321 (1908) U.S. Supreme Court The Troy, 208 U.S. 321 (1908) The Troy No. 232 Submitted December 20, 1907 Decided February 24, 1908 208 U.S. 321 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN Syllabus Cleveland Terminal Co. v. Steamship Co., ante, p. 208 U. S. 316 , followed to effect that the admiralty does not have jurisdiction of a claim for damages to a bridge which, although in navigable waters, is so connected with the land that it immediately concerns commerce on land. The facts are stated in the opinion. Page 208 U. S. 322 MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. The Duluth & Superior Bridge Company owned and operated a bridge between the Cities of Duluth, Minnesota, and Superior, Wisconsin, over the St. Louis River -- a navigable stream. The bridge was equipped with a swinging span, supported to a turntable resting on a base of stone and piles driven into the bottom of the rive...


Feb 24 1908

Henningsen Vs. United States Fid. and Guar. Co.

Court: US Supreme Court

Decided on: Feb-24-1908

Henningsen v. United States Fid. & Guar. Co. - 208 U.S. 404 (1908) U.S. Supreme Court Henningsen v. United States Fid. & Guar. Co., 208 U.S. 404 (1908) Henningsen v. United States Fidelity & Guaranty Company No. 78 Argued December 16, 17, 1907 Decided February 24, 1908 208 U.S. 404 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Although diversity of citizenship is alleged in the bill, if the grounds of the suit and relief are also based on statutes of the United States, which, as in this case, are necessarily elements of the decision of the circuit court of appeals, an appeal lies from the judgment of that court to this Court. The equity of the surety on a bond given by a contractor under the Act of August 13, 1894, 28 Stat. 278, who by reason of the contractor's default has been obliged to pay materialmen and laborers, is superior to that of a bank loaning money to the contractor, secured by assignments of amounts to become due. In such a case, th...


Feb 24 1908

Great Northern Railway Co. Vs. United States

Court: US Supreme Court

Decided on: Feb-24-1908

Great Northern Railway Co. v. United States - 208 U.S. 452 (1908) U.S. Supreme Court Great Northern Railway Co. v. United States, 208 U.S. 452 (1908) Great Northern Railway Company v. United States No. 411 Argued January 7, 1908 Decided February 24, 1908 208 U.S. 452 ON WRIT OF CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The provisions of 13, Rev.Stat. that the repeal of any statute shall not have the effect to release or extinguish any penalty incurred under the statute repealed are to be treated as if incorporated in, and as a part of, subsequent enactment of Congress, and, under the general principle of construction requiring effect to be given to all parts of a law, that section must be enforced as forming part of such subsequent enactment except in those instance where, either by express declaration or necessary implication, such enforcement would nullify the legislative intent. The Act of Congress of June 29, 1906, c. 359, 34 Stat. 584...


Feb 24 1908

Ughbanks Vs. Armstrong

Court: US Supreme Court

Decided on: Feb-24-1908

Ughbanks v. Armstrong - 208 U.S. 481 (1908) U.S. Supreme Court Ughbanks v. Armstrong, 208 U.S. 481 (1908) Ughbanks v. Armstrong No. 43 Submitted January 20, 1908 Decided February 24, 1908 208 U.S. 481 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus The indeterminate sentence law of Michigan of 1903, as construed and sustained according to its own constitution by the highest court of that state, does not violate any provision of the federal Constitution. It is of a character similar to the Illinois act sustained by this Court in Dreyer v. Illinois, 187 U. S. 71 . When a subsequently enacted criminal law is more drastic than the existing law which in terms is repealed thereby, the claim that it is ex post facto as to one imprisoned under the former law and therefore void, and that, the earlier law being repealed, he cannot be held thereunder has no force in this Court where the state court has held that the later law does not repeal the earlier law as to th...


Feb 24 1908

Drumm-flato Commission Co. Vs. Edmisson

Court: US Supreme Court

Decided on: Feb-24-1908

Drumm-Flato Commission Co. v. Edmisson - 208 U.S. 534 (1908) U.S. Supreme Court Drumm-Flato Commission Co. v. Edmisson, 208 U.S. 534 (1908) Drumm-Flato Commission Company v. Edmisson No. 139 Submitted January 27, 1908 Decided February 24, 1908 208 U.S. 534 ERROR TO THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus In this case, this Court finds that the evidence was so far conflicting as to remove the verdict of the jury from reversal by an appellate tribunal. Under par. 4277, 399 of the Code of Civil Procedure of Oklahoma of 1893, the original books of entry must be produced on the trial; their production before the notary taking the deposition of the witness who kept the books is not sufficient, and copies made by the notary cannot be used where the objecting party gives notice that the production of the books themselves will be insisted upon. While there may be a general rule that, in actions for tort, an allowance for interest is not an absolute right, under pa...


Feb 24 1908

White-smith Music Pub. Co. Vs. Apollo Co.

Court: US Supreme Court

Decided on: Feb-24-1908

White-Smith Music Pub. Co. v. Apollo Co. - 209 U.S. 1 (1908) U.S. Supreme Court White-Smith Music Pub. Co. v. Apollo Co., 209 U.S. 1 (1908) White-Smith Music Publishing Company v. Apollo Company Nos. 110, 111 Argued January 16, 17, 1908 Decided February 24, 1908 209 U.S. 1 APPEALS FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus While this Court is not bound under the doctrine of stare decisis by the decisions of lower federal courts which have not been reviewed by this Court as to the construction of a federal statute, or by the decisions of the highest courts of foreign countries construing similar statutes of those countries, where all of such decisions express the same views on the subject involved, the omission of Congress, when subsequently amending the statute, to specifically legislate concerning that subject may be regarded by this Court as an acquiescence by Congress in the judicial construction so given to the statute. While ...


Feb 24 1908

Herring-Hall-MarvIn Safe Co. Vs. Hall's Safe Co.

Court: US Supreme Court

Decided on: Feb-24-1908

Herring-Hall-Marvin Safe Co. v. Hall's Safe Co. - 208 U.S. 554 (1908) U.S. Supreme Court Herring-Hall-Marvin Safe Co. v. Hall's Safe Co., 208 U.S. 554 (1908) Herring-Hall-Marvin Safe Co. v. Hall's Safe Company No. 131 Argued January 30, 1908 Decided February 24, 1908 208 U.S. 554 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Donnell v. Herring-Hall-Marvin Safe Co., ante, p. 208 U. S. 267 , followed as to construction of the contract involved in that case and this, and as to the right of stockholders to carry on business under their own name. Although the tradename may not be mentioned in the sale of a business taken over as a going concern, a deed conveying trademark, patent-right, trade-right, goodwill, property, and assets of every name and nature is broad enough to include the tradename under which the vendor corporation and its predecessor had achieved a reputation. The name of a person or town may become so associated with a particular ...


Feb 24 1908

Cleveland Terminal R. Co. Vs. Cleveland Steamship Co.

Court: US Supreme Court

Decided on: Feb-24-1908

Cleveland Terminal R. Co. v. Cleveland Steamship Co. - 208 U.S. 316 (1908) U.S. Supreme Court Cleveland Terminal R. Co. v. Cleveland Steamship Co., 208 U.S. 316 (1908) Cleveland Terminal and Valley Railroad Company v. Cleveland Steamship Company No. 84 Argued December 17, 18, 1907 Decided February 24, 1908 208 U.S. 316 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus The admiralty does not have jurisdiction of a claim for damages caused by a vessel to a bridge or dock which, although in navigable waters, is so connected with the shore that it immediately concerns commerce upon land. The Plymouth, 3 Wall. 20, followed, and The Blackheath, 195 U. S. 361 , distinguished. This is an appeal from a final decree of the United States District Court for the Northern District of Ohio, Eastern Division, in admiralty, dismissing appellants' libel on the appellee's exception thereto on the ground that the court had not jurisdiction of...


Feb 24 1908

Atlantic Trust Co. Vs. Chapman

Court: US Supreme Court

Decided on: Feb-24-1908

Atlantic Trust Co. v. Chapman - 208 U.S. 360 (1908) U.S. Supreme Court Atlantic Trust Co. v. Chapman, 208 U.S. 360 (1908) Atlantic Trust Co. v. Chapman No. 10 Argued January 15, 16, 1908 Decided February 24, 1908 208 U.S. 360 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A receiver, as soon as he is appointed and qualifies, comes under the sole direction of the court, and his engagements are those of the court, and the liabilities he incurs are chargeable upon the property, and not against the parties at whose instance he was appointed and who have no authority over him and cannot control his actions. While cases may arise in which it may be equitable to charge the parties at whose instance a receiver is appointed with the expense of the receivership, in the absence of special circumstances the general rule which is applicable in this case is that such expenses are a charge upon the property or fund without any personal liability therefor on the...


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