Us Supreme Court Court February 1908 Judgments
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Notley Vs. Brown
Court: US Supreme Court
Decided on: Feb-24-1908
Notley v. Brown - 208 U.S. 429 (1908) U.S. Supreme Court Notley v. Brown, 208 U.S. 429 (1908) Notley v. Brown No. 68 Argued January 24, 1908 Decided February 24, 1908 208 U.S. 429 ERROR TO THE SUPREME COURT OF THE TERRITORY OF HAWAII Syllabus Harrison v. Magoon, 205 U. S. 501 , followed to effect that the Act of March 3, 1905, c. 1465, 33 Stat. 1035, did not operate retroactively, and that this Court has no authority to review judgments of the Supreme Court of Hawaii rendered prior to that date which could not be reviewed under the previous act. In this case, it was held that the writ of error could not be sustained as to the judgment referred to therein because entered prior to March 3, 1905, and also that it could not be sustained as to a judgment in the same suit entered after the writ of error had been sued out, The facts are stated in the opinion. Page 208 U. S. 433 MR. JUSTICE WHITE delivered the opinion of the Court. In a contest in a Hawaiian court of probate...
United States Vs. Sisseton and Wahpeton Indians
Court: US Supreme Court
Decided on: Feb-24-1908
United States v. Sisseton & Wahpeton Indians - 208 U.S. 561 (1908) U.S. Supreme Court United States v. Sisseton & Wahpeton Indians, 208 U.S. 561 (1908) United States v. Sisseton & Wahpeton Indians No 338, 339 Argued January 7, 8, 1908 Decided February 24, 1908 208 U.S. 561 APPEAL FROM THE COURT OF CLAIMS Syllabus While there are no general rules of law determining what payments are chargeable against Indian annuities when annuities which have been confiscated on account of an outbreak of the annuitant Indians are restored, sums paid by the government for the support of the annuitants on account of their destitution must be taken into account, and, in this case, the restored annuities are also chargeable with the amount of depredations during the outbreak for which the Indian were liable under a treaty made subsequently to that granting the annuity and before the outbreak. This court affirms the judgment of the Court of Claims adjusting the claim of the Sisseton and Wahpeton...
Crary Vs. Dye
Court: US Supreme Court
Decided on: Feb-24-1908
Crary v. Dye - 208 U.S. 515 (1908) U.S. Supreme Court Crary v. Dye, 208 U.S. 515 (1908) Crary v. Dye No. 103 Argued January 13, 14, 1908 Decided February 24, 1908 208 U.S. 515 ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus The views of the territorial courts are very persuasive on this Court as to the construction of local statute This Court holds, following the construction by the Supreme Court of New Mexico of the statutes of that territory, that there is no authority in New Mexico for the issuing of an alias writ of attachment, and that levying upon property under such a writ gives the court no jurisdiction thereover, and the purchaser acquires no title through sale under such a levy. One claiming to have been influenced by the declarations or conduct of another in regard to expending money on real estate must, in order to assert estoppel against that person, not only be destitute of knowledge of the true state of the title, but also of any convenie...
Northern Pacific Ry. Co. Vs. Duluth
Court: US Supreme Court
Decided on: Feb-24-1908
Northern Pacific Ry. Co. v. Duluth - 208 U.S. 583 (1908) U.S. Supreme Court Northern Pacific Ry. Co. v. Duluth, 208 U.S. 583 (1908) Northern Pacific Railway Company v. Duluth No. 92 Argued December 20, 23, 1907 Decided February 24, 1908 208 U.S. 583 ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA Syllabus In cases arising under the contract clause of the federal Constitution this Court determines for itself, irrespective of the decision of the state court, whether a contract exists and whether its obligation has been impaired, and if plaintiff in error substantially sets up a claim of contract with allegations of its impairment by state or municipal legislation, the judgment of the state court is reviewable by this Court under 709, Rev.Stat. Municipal legislation passed under supposed legislative authority from the state is within the prohibition of the federal Constitution and void if it impairs the obligation of a contract. While an ordinance merely denying liabil...
Loewe Vs. Lawlor
Court: US Supreme Court
Decided on: Feb-03-1908
Loewe v. Lawlor - 208 U.S. 274 (1908) U.S. Supreme Court Loewe v. Lawlor, 208 U.S. 274 (1908) Loewe v. Lawlor No. 388 Argued December 4, 5, 1907 Decided February 3, 1908 208 U.S. 274 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After the Circuit Court of Appeals has certified questions to this court and this court has issued its writ of certiorari requiring the whole record to be sent up, it devolves upon this court under 6 of the Judiciary Act of 1891, to decide the whole matter in controversy in the same manner as if it had been brought here for review by writ of error or appeal. The Anti-Trust Act of July 2, 1890, 26 Stat. 209, has a broader application that the prohibition of restraints of trade unlawful at common law. Page 208 U. S. 275 It prohibits any combination which essentially obstructs the free flow of commerce between the States, or restricts, in that regard, the liberty of a trader to engage in business, and this includes rest...
Missouri Valley Land Co. Vs. Wiese
Court: US Supreme Court
Decided on: Feb-03-1908
Missouri Valley Land Co. v. Wiese - 208 U.S. 234 (1908) U.S. Supreme Court Missouri Valley Land Co. v. Wiese, 208 U.S. 234 (1908) Missouri Valley Land Co. v. Wiese No. 101 Argued January 10, 1908 Decided February 3, 1908 208 U.S. 234 ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA Syllabus Where a judge of the highest court of a state, in allowing a writ of error, adds to his signature "Presiding Judge, etc., in the absence of the chief judge from the state," that recital is prima facie evidence that the chief judge is absent and the judge signing is presiding, and, if not controverted, the writ of error is properly allowed and the requirement of 999, Rev.Stat., that it must be allowed either by the Chief Justice of the state court or a justice of this Court is complied with. The contention in the state court that plaintiff in error's title rested on a patent to his grantor and that, prior to the issuing thereof, the legal title had remained in the United States, so...
Donnell Vs. Herring-hall-marvIn Safe Co.
Court: US Supreme Court
Decided on: Feb-03-1908
Donnell v. Herring-Hall-Marvin Safe Co. - 208 U.S. 267 (1908) U.S. Supreme Court Donnell v. Herring-Hall-Marvin Safe Co., 208 U.S. 267 (1908) Donnell v. Herring-Hall-Marvin Safe Company No. 10 Argued January 14, 15, 1908 Decided February 3, 1908 208 U.S. 267 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus A stockholder, even though also an officer, of a corporation bearing his family name does not necessarily lose his right to carry on the business of manufacturing the same commodity under his own name because that corporation sold its goodwill, tradename, etc., and as a stockholder and officer he participated in the sale. He is not entitled, however, to use, and may be enjoined by the purchaser from using, any name, mark or advertisement indicating that he is the successor of the original corporation or that his goods are the product of that corporation or of its successor, nor can he interfere in any manner with the goodwill so purchased. The...
Minneapolis, St. P. and S.S.M. Ry. Co. Vs. Doughty
Court: US Supreme Court
Decided on: Feb-03-1908
Minneapolis, St. P. & S.S.M. Ry. Co. v. Doughty - 208 U.S. 251 (1908) U.S. Supreme Court Minneapolis, St. P. & S.S.M. Ry. Co. v. Doughty, 208 U.S. 251 (1908) Minneapolis, St. Paul & Sault St. Marie Railway Company v. Doughty No. 81 Argued December 17, 1907 Decided February 3, 1908 208 U.S. 251 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA Syllabus Under the Act of March 3, 1875, c. 152, 18 Stat. 482, granting to railroads the right of way through public lands of the United States, such grant takes effect either on the actual construction of the road or on the approval of the Secretary of the Interior after the definite location and the filing of a profile of the road in the local land office, as provided in 4 of the act, and a valid homestead entry made after final survey but before either the construction of the road or the approval by the Secretary of the profile is superior to the rights of the company. Jamestown & Northern Railway Co. v. Jones, 177 U. S. 12...
Missouri Valley Land Co. Vs. Wrich
Court: US Supreme Court
Decided on: Feb-03-1908
Missouri Valley Land Co. v. Wrich - 208 U.S. 250 (1908) U.S. Supreme Court Missouri Valley Land Co. v. Wrich, 208 U.S. 250 (1908) Missouri Valley Land Company v. Wrich No. 102 Argued January 10, 1908 Decided February 3, 1908 208 U.S. 250 ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA Syllabus Decided on authority of Missouri Valley Land Co. v. Wiese, ante, p. 208 U. S. 234 . The facts are stated in the opinion. MR. JUSTICE WHITE delivered the opinion of the Court. This case was argued with Missouri Valley Land Co. v. Wiese, No. 101, of this term, just decided, ante, p. 208 U. S. 234 , and in all essential particulars the two cases are alike. Wrich purchased his land in 1881 from the Union Pacific Railroad Company, and received his deed in 1890. The land lay within overlap grants to the Union Pacific Company and the Sioux City & Pacific Railroad Company. Wrich took possession immediately after his purchase, and ever afterwards held and claimed the land as h...
United Dictionary Co. Vs. G. and C. Merriam Co.
Court: US Supreme Court
Decided on: Feb-03-1908
United Dictionary Co. v. G. & C. Merriam Co. - 208 U.S. 260 (1908) U.S. Supreme Court United Dictionary Co. v. G. & C. Merriam Co., 208 U.S. 260 (1908) United Dictionary Company v. G. & C. Merriam Company No. 129 Argued January 23, 1908 Decided February 3, 1908 208 U.S. 260 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The requirement of the Copyright Act of June 18, 1874, c. 301, 1, 18 Stat. 78 (Rev.Stat. 4962), that notice shall be inserted in the several copies of every edition, does not extend to publication abroad and sold only for use there. The facts are stated in the opinion. Page 208 U. S. 263 MR. JUSTICE HOLMES delivered the opinion of the Court. This is a suit brought by the appellee to restrain the infringement of copyright in a book entitled "Webster's High School Dictionary." The appellee, a Massachusetts corporation, took out copyrights at the same time in England and here. It published and sold the book in this country with ...
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