Us Supreme Court Court February 1908 Judgments
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Venner Vs. Great Northern Ry. Co.
Court: US Supreme Court
Decided on: Feb-24-1908
Venner v. Great Northern Ry. Co. - 209 U.S. 24 (1908) U.S. Supreme Court Venner v. Great Northern Ry. Co., 209 U.S. 24 (1908) Venner v. Great Northern Railway Company No. 485 Submitted January 20, 1908 Decided February 24, 1908 209 U.S. 24 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Where the question of jurisdiction is certified to this Court under 5 of the Judiciary Act of 1891, nothing but that question can be considered here. In this case, the question is considered both as to parties and subject matter. A cause is removable to the circuit court if it is one of which the court is given jurisdiction. While the court, in determining whether diverse citizenship exists, may disregard the pleader's arrangement of parties and align them according to actual interest, if the plaintiff's controversy is actually with all the parties named as defendants, all of whom are necessary parties, none of them can for jurisdictional ...
Hairston Vs. Danville and Western Ry. Co.
Court: US Supreme Court
Decided on: Feb-24-1908
Hairston v. Danville & Western Ry. Co. - 208 U.S. 598 (1908) U.S. Supreme Court Hairston v. Danville & Western Ry. Co., 208 U.S. 598 (1908) Hairston v. Danville & Western Railway Company No. 6 Argued January 10, 13, 1908 Decided February 24, 1908 208 U.S. 598 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA Syllabus Where the condemnation of land has been held by the state court to be authorized by the constitution and laws of that state, this Court cannot review that aspect of the decision. Where the state law, as is the case with the law of Virginia, permits no exercise of the right of eminent domain except for public uses, a general Page 208 U. S. 599 judgment of condemnation by the state court will be assumed to have been held to be for a public use even if there was no specific finding of that fact. While it is beyond the legislative power of a state to take, against his will, the property of one and give it to another for a private use, even if compe...
RankIn Vs. City National Bank
Court: US Supreme Court
Decided on: Feb-24-1908
Rankin v. City National Bank - 208 U.S. 541 (1908) U.S. Supreme Court Rankin v. City National Bank, 208 U.S. 541 (1908) Rankin v. City National Bank No. 51 Argued November 12, 13, 1907 Decided February 24, 1908 208 U.S. 541 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In a transaction between two banks, the president of one gave his personal note to the other, accompanied by an agreement of his bank, signed by himself as president, that the proceeds of the note should be placed to the credit of his bank by, and remain with, the discounting bank until the note was paid; while there were certain transfers of checks between him and his own bank, the record did not show that the maker of the note personally received the proceeds thereof, and no contention was made that the agreement was illegal. Held that: Under the circumstances of this case, the discounting bank was entitled to hold the proceeds of the note, as represented by the credit given on it...
Armstrong Vs. Fernandez
Court: US Supreme Court
Decided on: Feb-24-1908
Armstrong v. Fernandez - 208 U.S. 324 (1908) U.S. Supreme Court Armstrong v. Fernandez, 208 U.S. 324 (1908) Armstrong v. Fernandez No. 114 Submitted January 17, 1908 Decided February 24, 1908 208 U.S. 324 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus The power of the bankruptcy court over amendments is undoubted, and rests in the discretion of the court. In this case, that discretion was not abused in allowing amendment adding the name of the place to the jurat of the justice of the peace taking the verification, and an averment that the person proceeded against in bankruptcy did not come within the excepted classes of person who may not be declared bankrupts. Where the record of a proceeding to have a person declared a bankrupt shows that detailed findings of the commission of acts of bankruptcy could have been supported by the evidence, the presumption is that such findings would have been made had appellant so requested, and, in the absence...
Bennett Vs. Bennett
Court: US Supreme Court
Decided on: Feb-24-1908
Bennett v. Bennett - 208 U.S. 505 (1908) U.S. Supreme Court Bennett v. Bennett, 208 U.S. 505 (1908) Bennett v. Bennett No. 8 Argued January 9, 10, 1908 Decided February 24, 1908 208 U.S. 505 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA Syllabus Under pars. 3983, 3984, 105, 106, Code of Civil Procedure of Oklahoma Territory, of 1893, providing for the entry of judgment by default and giving the court power in opening the default to impose such terms as may be just, the court may, without abusing its discretion, in an action for divorce in which the husband defendant is flagrantly in default, impose as terms in granting him leave to answer that he pay within a specified period to the plaintiff a reasonable sum for alimony and counsel fees which had already been allowed, and in case of his failure so to do judgment for the relief demanded in the complaint may properly be entered against him. Hovey v. Elliott, 167 U. S. 409 , distinguished. 15 Okl. 287 affirm...
Dick Vs. United States
Court: US Supreme Court
Decided on: Feb-24-1908
Dick v. United States - 208 U.S. 340 (1908) U.S. Supreme Court Dick v. United States, 208 U.S. 340 (1908) Dick v. United States No. 62 Submitted December 3, 1907 Decided February 24, 1908 208 U.S. 340 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO Syllabus While a state, upon its admission to the Union, is on an equal footing with every other state and, except as restrained by the Constitution, has full and complete jurisdiction over all persons and things within its limits, Congress has power to regulate commerce with the Indian tribes, and such power is superior and paramount to the authority of the state within whose limits are Indian tribes. Where fundamental principles of the Constitution are of equal dignity, neither must be so enforced as to nullify or substantially impair the other. While the prohibition of 2139, Rev.Stat., as amended in 1892, against introducing intoxicating liquors into Indian country does not embrace any body of terr...
Disconto Gesellshaft Vs. Umbreit
Court: US Supreme Court
Decided on: Feb-24-1908
Disconto Gesellshaft v. Umbreit - 208 U.S. 570 (1908) U.S. Supreme Court Disconto Gesellshaft v. Umbreit, 208 U.S. 570 (1908) Disconto Gesellshaft v. Umbreit No. 3 Argued December 10, 11, 1907 Decided February 24, 1908 208 U.S. 570 ERROR TO THE CIRCUIT COURT OF MILWAUKEE COUNTY (BRANCH NO. 1), STATE OF WISCONSIN Syllabus It is too late to raise the federal question on motion for rehearing in the state court unless that court entertains the motion and expressly passes on the federal question. While aliens are ordinarily permitted to resort to our courts for redress of wrongs and protection of rights, the removal of property to another jurisdiction for adjustment of claims against it is a matter of comity, and not of absolute right, and, in the absence of treaty stipulations, it is within the power of a state to determine its policy in regard thereto. The refusal by a state to exercise comity in such manner as would impair the rights of local creditors by removing a fund to...
Muller Vs. Oregon
Court: US Supreme Court
Decided on: Feb-24-1908
Muller v. Oregon - 208 U.S. 412 (1908) U.S. Supreme Court Muller v. Oregon, 208 U.S. 412 (1908) Muller v. Oregon No. 107 Argued January 15, 1908 Decided February 24, 1908 208 U.S. 412 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus The peculiar value of a written constitution is that it places, in unchanging form, limitations upon legislative action, questions relating to which are not settled by even a consensus of public opinion; but when the extent of one of those limitations is affected by a question of fact which is debatable and debated, a widespread and long continued belief concerning that fact is worthy of consideration. This Court takes judicial cognizance of all matters of general knowledge -- such as the fact that woman's physical structure and the performance of maternal functions place her at a disadvantage which justifies a difference in legislation in regard to some of the burdens which rest upon her. As healthy mothers are essential to vigorous ...
Dun Vs. Lumbermen's Credit Association
Court: US Supreme Court
Decided on: Feb-24-1908
Dun v. Lumbermen's Credit Association - 209 U.S. 20 (1908) U.S. Supreme Court Dun v. Lumbermen's Credit Association, 209 U.S. 20 (1908) Dun v. Lumbermen's Credit Association No. 138 Argued January 31, 1908 Decided February 24, 1908 209 U.S. 20 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Findings of fact in a suit in equity made by both the circuit court and tho circuit court of appeals will not be reversed by this Court unless shown to be clearly erroneous. Where the lower courts have both found that the proportion of copyrighted matter issued in a later publication, in this case a trade rating journal, is insignificant compared with the volume of independently acquired information, an injunction should be refused and the owner of the copyright remitted to a court of law to recover the damages actually sustained. 144 F. 83 affirmed. The facts are stated in the opinion. Page 209 U. S. 21 MR. JUSTICE Moody delivered the opinion of the Court....
Jetton Vs. University of the South
Court: US Supreme Court
Decided on: Feb-24-1908
Jetton v. University of the South - 208 U.S. 489 (1908) U.S. Supreme Court Jetton v. University of the South, 208 U.S. 489 (1908) Jetton v. University of the South No. 488 Argued January 28, 1908 Decided February 24, 1908 208 U.S. 489 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE Syllabus Although all the parties to this action are citizens of the same state, the circuit court of the United States had jurisdiction because the case arises under the Constitution of the United States, as complainant insists that the tax sought to be restrained is imposed under a state statute that impairs the obligation of a legislative contract for exemption from taxation. A charter exemption from taxation of land and buildings to be erected thereon so long as they belong to the educational institution exempted does not exempt from taxation the separate interests of parties to whom the institution leases portions of the property, and who erect buildi...
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