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Berryman v. Whitman College - 222 U.S. 334 (1912) U.S. Supreme Court Berryman v. Whitman College, 222 U.S. 334 (1912) Berryman v. Board of Trustees of Whitman College No. 95 Argued December 13, 1911 Decided January 9, 1912 222 U.S. 334 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WASHINGTON Syllabus The amount in controversy where the question is whether a contract of exemption from taxation has been impaired by subsequent legislation is measured by the value of the right to be protected, and not by a mere isolated element, such as the tax for a single year. In this case, the jurisdictional value of amount in controversy held to exceed $2,000, although the actual tax, the collection whereof was sought to be enjoined on the ground that its imposition impaired the obligation of a legislative contract, was less than $2,000. Cases in which the jurisdictional value of amount in controversy is limited to the single tax involved reviewed and d...
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Rock Island Plow Co. v. Reardon - 222 U.S. 354 (1912) U.S. Supreme Court Rock Island Plow Co. v. Reardon, 222 U.S. 354 (1912) Rock Island Plow Company v. Reardon No. 98 Submitted December 11, 1911 Decided January 9, 1912 222 U.S. 354 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus A bankrupt, in Illinois, within a few days of filing a petition in voluntary bankruptcy, confessed judgments upon which executions were issued and returned unsatisfied but no actual levy was made; thereafter, and before filing the petition, he transferred goods in his possession to the vendor thereof, who claimed they had been delivered on conditional sales; the trustee began subrogation proceedings to preserve the liens of the judgments for the benefit of the estate, to which the judgment creditors assented, and also commenced proceedings to compel redelivery of the goods transferred on ground that lien of judgments inured to estate; the trustee had also claimed a right...
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Title Guaranty & Surety Co. v. General Elec. Co. - 222 U.S. 401 (1912) U.S. Supreme Court Title Guaranty & Surety Co. v. General Elec. Co., 222 U.S. 401 (1912) Title Guaranty & Surety Company v. General Electric Company No. 856 Submitted November 20, 1911 Decided January 9, 1912 222 U.S. 401 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Section 1007, Rev.Stat., makes the allowance of a writ of error, and the lodgment thereof in the office of the clerk within sixty days after date of judgment, an essential prerequisite to the granting of a supersedeas. Nothing in 6 or 11 of the Judiciary Act of 1891 affects the provisions of 1007, Rev.Stat., in this respect. An order cannot control a subject to which it cannot lawfully extend, and a stay order, granted to give the defeated party an opportunity to apply to this Court for certiorari, does not operate to extend the time within which the writ of error must be lodged in order to be the basis for a super...
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Aran v. Zurrinach - 222 U.S. 395 (1912) U.S. Supreme Court Aran v. Zurrinach, 222 U.S. 395 (1912) Aran v. Zurrinach No. 146 Submitted December 22, 1911 Decided January 9, 1912 222 U.S. 395 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF PORTO RICO Syllabus Under the Act of April 12, 1900, c.191, 31 Stat. 85, this Court cannot review a judgment of the District Court of the United States for Porto Rico where the amount in controversy is less than five thousand dollars unless the validity or interpretation of an act of Congress is brought in question, or a right claimed thereunder is denied. Not every mere question of irregularity in applying the law of the United States arising in the court below confers a right of review on this Court which otherwise would not exist, and where, as in this case, there is generality of statement and absence of specification to sustain the objections raised, in regard to qualifications and drawing of jurors in Porto Rico a...
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Peters v. Broward - 222 U.S. 483 (1912) U.S. Supreme Court Peters v. Broward, 222 U.S. 483 (1912) Peters v. Broward * No. 49 Argued November 8, 1911 Decided January 9, 1912 222 U.S. 483 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus Under the law of Florida, as declared by its highest court, where there is a variance between the title of a bill as enrolled and promulgated and the title of the act as shown by the journals, the latter will control. While the judgment of the highest court of the state in a case may not be res judicata of the case at bar, the parties and land affected not being the same, if in deciding it the court announces what the law of the state is and whether a particular statute was or was not validly enacted under the state constitution, this Court will follow it as an authoritative announcement of the law of the state. Whether a particular state law has been passed by the legislature in such manner...
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Huse v. United States - 222 U.S. 496 (1912) U.S. Supreme Court Huse v. United States, 222 U.S. 496 (1912) Huse v. United States No. 74 Argued November 17, 1911 Decided January 9, 1912 222 U.S. 496 APPEAL FROM THE COURT OF CLAIMS Syllabus A mail service contractor cannot claim that he accepted a contract under misapprehension when between the time of his proposal and its acceptance he took a temporary contract for carriage of the identical mails contracted for. A contract for delivery of all mails at Union Station, Omaha, was properly construed by the Postmaster General as including mail delivered by three railroads not in the schedule, it appearing, however, that the mail so delivered had formerly been delivered by one of the railroads mentioned in the schedule and were included in a route specified in the contract. A mail service contractor whose contract had been cancelled for failure to perform sued in the Court of Claims for balance due and for damages for cancellation...
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Brown v. Alton Water Co. - 222 U.S. 325 (1912) U.S. Supreme Court Brown v. Alton Water Co., 222 U.S. 325 (1912) Brown v. Alton Water Company No. 75 Argued December 4, 5, 1911 Decided January 9, 1912 222 U.S. 325 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus This Court may not, by indirection, do that which it cannot do directly, and cannot therefore review on direct appeal a judgment of the circuit court on the question of jurisdiction based on a decision of the circuit court of appeals which it was the imperative duty of the circuit court to follow, and which is not, and cannot be, before this Court for review by appeal. Where the circuit court dismisses for want of jurisdiction, and the circuit court of appeals does not deem the question of jurisdiction should be certified to this Court, but reverses and remands with directions to take jurisdiction, and this Court refuses certiorari, a direct appeal will not lie to this...
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Maryland v. West Virginia - 225 U.S. 1 (1912) U.S. Supreme Court Maryland v. West Virginia, 225 U.S. 1 (1912) Maryland v. West Virginia No. 1, Original Motion to confirm majority report of Commissioners Submitted April 29, 1912 Decided May 2 1912 225 U.S. 1 I N EQUITY Syllabus Report of Commissioners appointed by decree of May 31, 1910, to run, locate and permanently mark with suitable monuments the Deakins line between Maryland and West Virginia from the North Branch of the Potomac River and Pennsylvania, in pursuance of decision, 217 U. S. 217 U.S. 1 and 217 U. S. 577 , confirmed and exceptions thereto overruled. The State of West Virginia having moved the Court to take up for consideration the exceptions heretofore filed in this cause by the State of Maryland to the report of Commissioners Julius K. Monroe and Samuel S. Gannett, two of the commissioners who were appointed by the decree entered in this cause on the thirty-first day of May, 1910, to run, locate, and ...
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