Us Supreme Court Court February 1908 Judgments
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United States Vs. Bitty
Court: US Supreme Court
Decided on: Feb-24-1908
United States v. Bitty - 208 U.S. 393 (1908) U.S. Supreme Court United States v. Bitty, 208 U.S. 393 (1908) United States v. Bitty No. 503 Submitted January 27, 1908 Decided February 24, 1908 208 U.S. 393 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus It is within the power of Congress to determine the regulations and exceptions under which this Court shall exercise appellate jurisdiction in cases other than those in which this Court has original jurisdiction and to which the judicial power of the United States extends, and the Act of March 2, 1907, c. 2564, 34 Stat. 1246, permitting the United States to prosecute a writ of error directly from this Court to the District or Circuit Courts in criminal cases in which an indictment may be quashed or demurrer thereto sustained where the decision is based on the invalidity or construction of the statute on which the indictment is based, is not unconstitutional because it authorizes ...
Calvo Vs. De Gutierrez
Court: US Supreme Court
Decided on: Feb-24-1908
Calvo v. De Gutierrez - 208 U.S. 443 (1908) U.S. Supreme Court Calvo v. De Gutierrez, 208 U.S. 443 (1908) Calvo v. De Gutierrez No. 80 Argued December 17, 1907 Decided February 24, 1908 208 U.S. 443 APPEAL FROM THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus An agreement made between the owners of a half interest in property in Manila who were ultimate heirs of the deceased owner of the other half interest and the widow of such decedent, who was his usufructuary heiress, provided for the sale of the property at a specified price, and that, after certain payments, the "remainder" should be paid to the widow, on her giving the usual usufructuary security. Held that the agreement concerned a settlement of the rights of the parties to the property left by decedent, and did not contemplate transferring any interest in the property from the other owners to the widow, and that the word "remainder" referred only to the remainder of the half interest of her testator, and not ...
Richard Vs. Mobile
Court: US Supreme Court
Decided on: Feb-24-1908
Richard v. Mobile - 208 U.S. 480 (1908) U.S. Supreme Court Richard v. Mobile, 208 U.S. 480 (1908) Richard v. Mobile No. 112 Argued January 17, 1908 Decided February 24, 1908 208 U.S. 480 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA Syllabus Decided on the authority of Phillips v. City of Mobile, ante, p. 208 U. S. 472 . The facts are stated in the opinion. MR. JUSTICE PECKHAM delivered the opinion of the Court. This is an appeal from a judgment of the Circuit Court of the United States for the Southern District of Alabama sustaining the demurrer of the City of Mobile to a bill filed by the appellants and dismissing the same. It appears that the appellants sought to obtain an injunction to restrain the city from collecting the amount of the license tax imposed under the ordinance of the city upon those who were engaged in selling beer in the city by the barrel, half-barrel, or quarter-barrel. Page 208 U. S. 481 The question...
Lewis Vs. Herrera
Court: US Supreme Court
Decided on: Feb-24-1908
Lewis v. Herrera - 208 U.S. 309 (1908) U.S. Supreme Court Lewis v. Herrera, 208 U.S. 309 (1908) Lewis v. Herrera No. 7 Submitted December 13, 1907 Decided February 24, 1908 208 U.S. 309 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus The construction of the statute of a territory by the local court is of great, if not of controlling, weight, and in this case, this Court follows the construction given by the Supreme Court of Arizona to Par. 725, Rev.Stat. of Arizona of 1901, to the effect that a deed or conveyance of real property to be valid as against third parties must be signed and acknowledged by the grantor and that, until acknowledged, it is ineffectual to convey title. 85 Pac. 245 affirmed. The facts are stated in the opinion. Page 208 U. S. 312 MR. CHIEF JUSTICE FULLER delivered the opinion of the Court. This was a suit by the receiver of the bank as a judgment creditor in the District Court of the Third Judicial District of the Territory of ...
Starr Vs. Campbell
Court: US Supreme Court
Decided on: Feb-24-1908
Starr v. Campbell - 208 U.S. 527 (1908) U.S. Supreme Court Starr v. Campbell, 208 U.S. 527 (1908) Starr v. Campbell No. 132 Argued January 23, 24, 1908 Decided February 24, 1908 208 U.S. 527 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN Syllabus The restriction on the right of alienation of land to be allotted in severalty under the Chippewa Treaty of 1854 extend to the disposition of timber on the land as well as to the land itself, and the consent of the President to a contract for cutting timber doe not end his control over the matter; he may put conditions upon the disposition of the proceeds. United States v. Paine Lumber Co., 206 U. S. 467 , distinguished. The facts are stated in the opinion. Page 208 U. S. 529 MR. JUSTICE McKENNA delivered the opinion of the Court. This writ of error is directed to a judgment sustaining a demurrer to a complaint in an action to recover certain moneys Page 208 U. S. 530 collected by the...
United States Vs. Larkin
Court: US Supreme Court
Decided on: Feb-24-1908
United States v. Larkin - 208 U.S. 333 (1908) U.S. Supreme Court United States v. Larkin, 208 U.S. 333 (1908) United States v. Larkin No. 356 Argued January 7, 8, 1908 Decided February 24, 1908 208 U.S. 333 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus Where the circuit court of appeals has already affirmed the judgment of the district or circuit court, a writ of error from this Court to the district or circuit court to review the judgment on the jurisdictional ground cannot be maintained unless the proceedings in the circuit court of appeals were absolutely void. Ordinarily a formal certificate is essential and it must be made at the same term at which the judgment is rendered; but where the record shows that the only matter tried and decided, and sought to be reviewed, was one of the jurisdiction of the court, the question of jurisdiction is sufficiently certified. District courts of the United States are the proper courts t...
Bassing Vs. Cady
Court: US Supreme Court
Decided on: Feb-24-1908
Bassing v. Cady - 208 U.S. 386 (1908) U.S. Supreme Court Bassing v. Cady, 208 U.S. 386 (1908) Bassing v. Cady No. 426 Argued January 8, 1908 Decided February 24, 1908 208 U.S. 386 ERROR TO THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND Syllabus On appeal or writ of error to this Court, papers or documents used in the court below cannot in strictness be examined here unless, by bill of exception or other proper mode, they are made part of the record. The mere arraignment and pleading to an indictment does not put the accused in judicial jeopardy, nor does the second surrender of the same person by one state to another amount to putting that person in second jeopardy because the requisition of the demanding state is based on an indictment for the same offense for which the accused had been formerly indicted and surrendered, but for which he had never been tried. One charged with crime and who was in the place where, and at the time when, the crime was committed, and who th...
First National Bank Vs. Albright
Court: US Supreme Court
Decided on: Feb-24-1908
First National Bank v. Albright - 208 U.S. 548 (1908) U.S. Supreme Court First National Bank v. Albright, 208 U.S. 548 (1908) First National Bank of Albuquerque v. Albright, No. 123 Argued January 22, 1908 Decided February 24, 1908 208 U.S. 548 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus A county treasurer accepting that part of the tax which a party assessed admits to be due is not thereby estopped to demand more, Equity will not interfere to stop an assessing officer from performing his statutory duty for fear he may perform it wrongfully; the earliest moment is when an assessment has actually been made, and in this case held that the court would not, at the instance of a national bank, enjoin assessors in advance from making an assessment on a basis alleged to be threatened and which, if made, would be invalid under 5219, Rev.Stat. 86 P. 548 affirmed. The facts are stated in the opinion. Page 208 U. S. 551 MR. JUSTICE HOLMES delivered th...
Bien Vs. Robinson
Court: US Supreme Court
Decided on: Feb-24-1908
Bien v. Robinson - 208 U.S. 423 (1908) U.S. Supreme Court Bien v. Robinson, 208 U.S. 423 (1908) Bien v. Robinson No. 135 Submitted January 27, 1908 Decided February 24, 1908 208 U.S. 423 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Where the jurisdiction of the Circuit Court is questioned merely in respect to its general authority as a judicial tribunal to entertain a summary proceeding to compel repayment of assets wrongfully withheld from a receiver appointed by it, its power as a court of the United States as such is not questioned, and the case cannot be certified directly to this Court under the jurisdiction clause of 5 of the Judiciary Act of 1891. Where no sufficient reason is stated warranting this Court in deciding that the circuit court acted without jurisdiction, this Court will assume that the circuit court acted rightfully in appointing receivers and issuing an injunction against disposition of assets. The de...
Phillips Vs. Mobile
Court: US Supreme Court
Decided on: Feb-24-1908
Phillips v. Mobile - 208 U.S. 472 (1908) U.S. Supreme Court Phillips v. Mobile, 208 U.S. 472 (1908) Phillips v. Mobile No. 113 Argued January 17, 1908 Decided February 24, 1908 208 U.S. 472 ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA Syllabus An ordinance imposing a license on persons selling beer by the barrel is an exercise of the police power of the state, and as such is authorized by the Wilson Act, 26 Stat. 313, notwithstanding such liquors were introduced into the state in original packages. The police power of the state is very extensive, and is frequently exercised where it also results in raising revenue, and in this case, an ordinance imposing a license tax on a class of dealers in intoxicating liquor was held to be a police regulation notwithstanding it also produced a revenue. Where a license tax on dealers in a particular article is exacted without reference as to whether the article was manufactured within or without the state, the ordinance imposing i...
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