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Us Supreme Court Court March 1908 Judgments

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Mar 16 1908

Smith Vs. Rainey

Court: US Supreme Court

Decided on: Mar-16-1908

Smith v. Rainey - 209 U.S. 53 (1908) U.S. Supreme Court Smith v. Rainey, 209 U.S. 53 (1908) Smith v. Rainey No. 144 Argued March 3, 4, 1908 Decided March 16, 1908 209 U.S. 53 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus A partner has a lien on the firm's assets for the repayment of his advances to the firm, and in this case, held that the articles of copartnership, construed as a whole, provided that the partner in a land venture advancing the amount needed for the venture should have a lien on the land regarded as assets. The facts are stated in the opinion. Page 209 U. S. 54 MR. JUSTICE HOLMES delivered the opinion of the Court. This is an appeal from a judgment on demurrer dismissing the appellant's complaint. The prayer of the complaint is to have declared and foreclosed a mortgage lien on certain land as against the defendants, who also claim liens upon the same, and is based upon a written agreement set forth. This instrument recites that t...


Mar 16 1908

O'Reilly de Camara Vs. Brooke

Court: US Supreme Court

Decided on: Mar-16-1908

O'Reilly de Camara v. Brooke - 209 U.S. 45 (1908) U.S. Supreme Court O'Reilly de Camara v. Brooke, 209 U.S. 45 (1908) O'Reilly de Camara v. Brooke No. 104 Argued February 28, March 2, 1908 Decided March 16, 1908 209 U.S. 45 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A tort can be e ratified so as to make an act done in the course of the principal's business and purporting to be done in his name his tort, and the rule of exonerating the servant when the master assumes liability is still applicable to a greater or less extent when the master is the sovereign. The Paquete Habana, 189 U. S. 453 , 189 U. S. 469 . By virtue of an order of the Secretary of War and also by the Platt amendment of the Act of March 2, 1901, c. 803, 31 Stat. 897, and the treaty with Cuba of May 22, 1903, 33 Stat. 2249, the acts of the officers of the United States, during the military occupation of Cuba, complained of in this action, were ratif...


Mar 16 1908

Chicago, Burlington and Quincy Ry. Co. Vs. United States

Court: US Supreme Court

Decided on: Mar-16-1908

Chicago, Burlington & Quincy Ry. Co. v. United States - 209 U.S. 90 (1908) U.S. Supreme Court Chicago, Burlington & Quincy Ry. Co. v. United States, 209 U.S. 90 (1908) Chicago, Burlington & Quincy Railway Company v. United States No. 552 Submitted January 22, 1908 Decided March 16, 1908 209 U.S. 90 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Decided on the authority of Armour Packing Co. v. United States, ante, p. 209 U. S. 66 . The facts are stated in the opinion. MR. JUSTICE DAY delivered the opinion of the Court. The counsel for the petitioner and the Solicitor General for the United States having filed a stipulation in writing in this cause, agreeing to abide the result of the Packing Company cases, just decided (Nos. 467, 468, 469, and 470), it is hereby ordered that the judgment of the circuit court of appeals in this case be affirmed. MR. JUSTICE MOODY took no part in the disposition of this case. ...


Mar 16 1908

Armour Packing Co. Vs. United States

Court: US Supreme Court

Decided on: Mar-16-1908

Armour Packing Co. v. United States - 209 U.S. 56 (1908) U.S. Supreme Court Armour Packing Co. v. United States, 209 U.S. 56 (1908) Armour Packing Company v. United States Nos. 467-470 Argued January 20-22, 1908 Decided March 16, 1908 209 U.S. 56 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A device to obtain rebates, to be within the prohibition of the Interstate Commerce Act of March 2, 1889, 25 Stat. 857, and the Elkins Act of February 19, 1903, 32 Stat. 847, need not necessarily be fraudulent. The term "device," as used in those statutes, includes any plan or contrivance whereby merchandise is transported for less than the published rate, or any other advantage is given to, or discrimination practiced in favor of, the shipper. Page 209 U. S. 57 In construing the Elkins Act, it will be read not only in the light of the previous legislation on the same subject, but also of the purpose which Congress had in mind in enacting it -- to require ...


Mar 09 1908

United States Vs. Thayer

Court: US Supreme Court

Decided on: Mar-09-1908

United States v. Thayer - 209 U.S. 39 (1908) U.S. Supreme Court United States v. Thayer, 209 U.S. 39 (1908) United States v. Thayer No. 390 Argued February 25, 1908 Decided March 9, 1908 209 U.S. 39 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus A man may sometimes be punished in person where he has brought consequences to pass, although he was not there in person. In re Palliser, 136 U. S. 257 . A solicitation of funds for campaign purposes made by letter in violation of 12 of the Civil Service Act of January 16, 1883, c. 27, 22 Stat. 403, is not complete until the letter is delivered to the person from whom the contribution is solicited, and if the letter is received by one within a building or room described in 12 of the act, the solicitation is in that place and the sender of the letter commits the prohibited offense in the prohibited place. 154 F. 508, reversed. The facts are stated in the opinion. MR. JUSTICE HOLM...


Mar 09 1908

Wabash R. Co. Vs. Adelbert College

Court: US Supreme Court

Decided on: Mar-09-1908

Wabash R. Co. v. Adelbert College - 208 U.S. 609 (1908) U.S. Supreme Court Wabash R. Co. v. Adelbert College, 208 U.S. 609 (1908) Wabash R. Co. v. Adelbert College No. 40 Petition for rehearing and motion to modify judgment Submitted January 31, 1908 Decided March 9, 1908 208 U.S. 609 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus Petition for rehearing and motion to modify judgment in this case, ante, p. 208 U. S. 38 , denied and further held in this case that: Where property is in possession and under the control of the federal court, the declaration of a lien upon that property is a step toward the invasion of the court's possession thereof, and is equally beyond the jurisdiction of the state court as an order for the sale of the property to satisfy the lien would be. In a proceeding in the state court, the ascertainment of the amount due, whether judgment can be rendered, and the issuing of execution against a corporation, whose property is under the co...


Mar 02 1908

Battle Vs. United States

Court: US Supreme Court

Decided on: Mar-02-1908

Battle v. United States - 209 U.S. 36 (1908) U.S. Supreme Court Battle v. United States, 209 U.S. 36 (1908) Battle v. United States No. 438 Submitted January 28, 1908 Decided March 2, 1908 209 U.S. 36 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Under Article I, 8, cl. 17, of the federal Constitution, Congress has power to purchase land within a state for post offices and courts by consent of the legislature of the state and to exercise exclusive legislation over the same. Under 711 and 5339, Rev.Stat., the United States courts have exclusive jurisdiction of all offenses enumerated in 5339, committed in a post office owned by the United States over which the state has ceded jurisdiction. The language of the Constitution, being wide enough to authorize the purchase of land for post offices and the acceptance of a grant of jurisdiction, the language of the statute based thereon will not be taken in any narrower sense as excluding po...


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