Us Supreme Court Court December 1913 Judgments
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John Vs. Paullin
Court: US Supreme Court
Decided on: Dec-22-1913
John v. Paullin - 231 U.S. 583 (1913) U.S. Supreme Court John v. Paullin, 231 U.S. 583 (1913) John v. Paullin No. 105 Argued December 8, 9, 1913 Decided December 22, 1913 231 U.S. 583 ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA Syllabus No federal right is denied by an appellate court of a state in dismissing an appeal from a lower court because its jurisdiction was not invoked in accordance with the laws of the state, and this Court cannot review such a judgment under 709, Rev.Stat., now Judicial Code, 237. It rests with each state to prescribe the jurisdiction of its appellate courts, and the mode of invoking it, and their rules are equally applicable when federal, as when only local, rights are involved. Section 12 of the Act of March 3, 1905, 33 Stat. 1048, 1081, providing for the review of judgments of the courts temporarily established in the Indian Territory, related only to such judgments, and has no application to judgments rendered by the state courts ...
Aetna Life Ins. Co. Vs. Moore
Court: US Supreme Court
Decided on: Dec-22-1913
Aetna Life Ins. Co. v. Moore - 231 U.S. 543 (1913) U.S. Supreme Court Aetna Life Ins. Co. v. Moore, 231 U.S. 543 (1913) Aetna Life Insurance Company v. Moore No. 33 Argued November 3, 1913 Decided December 22, 1913 231 U.S. 543 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR TUE FIFTH CIRCUIT Syllabus The character of the covenants of a contract for life insurance depends upon the law of the state where made. The Code of Georgia expressly provides that the application must be made in good faith and that the representations are covenanted by the applicant as true, and any variations changing the character of the risk will void the policy. The law of Georgia as determined by its highest court, prior to the adoption of the Code, was that insurer and insured may make their own contract and determine what representations are material. The highest court of Georgia has decided that mere immaterial matters, although declared to be warranties, do not void a policy even though the p...
Springstead Vs. Crawfordsville State Bank
Court: US Supreme Court
Decided on: Dec-22-1913
Springstead v. Crawfordsville State Bank - 231 U.S. 541 (1913) U.S. Supreme Court Springstead v. Crawfordsville State Bank, 231 U.S. 541 (1913) Springstead v. Crawfordsville State Bank No. 93 Submitted December 4, 1913 Decided December 22, 1913 231 U.S. 541 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA Syllabus In determining the amount in controversy for jurisdictional purpose the attorney's fee provided for in a promissory note in case of suit can be considered, as it is not a part of the costs. Failure to allege the citizenship of the original payee of a note on which suit is brought by the assignee is a jurisdictional defect, but if diversity of citizenship between the plaintiff and defendant is alleged, the defect is amendable. Under 299 of the Judicial Code, amendments to the pleadings are allowable if the jurisdictional amount existed when the suit was brought notwithstanding that since then the amount necessary to give juris...
Phoenix Ry. Co. Vs. Landis
Court: US Supreme Court
Decided on: Dec-22-1913
Phoenix Ry. Co. v. Landis - 231 U.S. 578 (1913) U.S. Supreme Court Phoenix Ry. Co. v. Landis, 231 U.S. 578 (1913) Phoenix Ry. Co. v. Landis No. 61 Argued November 12, 1913 Decided December 22, 1913 231 U.S. 578 ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA Syllabus This Court is disposed to accept the construction of local statutes by the territorial court, and therefore held that the action for death by negligence under Rev.Stats. Arizona 1901, pars. 2764-2766, was for the benefit of the estate, and that it was not necessary to allege or prove the existence of beneficiaries or amount of damages sustained by them. Where the case was tried throughout on the proper theory of the statute, the fact that the court in its charge may have used some terms that were technically inappropriate held not to be ground for reversal, as the jury could not have been misled thereby. This Court, in reviewing on error the judgment of the territorial court, is limited to those qu...
Seattle, Renton and Southern Ry. Co. Vs. Linhoff
Court: US Supreme Court
Decided on: Dec-22-1913
Seattle, Renton & Southern Ry. Co. v. Linhoff - 231 U.S. 568 (1913) U.S. Supreme Court Seattle, Renton & Southern Ry. Co. v. Linhoff, 231 U.S. 568 (1913) Seattle, Renton & Southern Railway Company v. Linhoff No. 107 Argued December 9, 1913 Decided December 22, 1913 231 U.S. 568 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus This Court does not sit to revise the construction of documents by the state courts, even if alleged to be contracts within the protection of the federal Constitution. Fisher v. New Orleans, 218 U. S. 438 . It takes more than a misconstruction by the state court to make a case under the Fourteenth Amendment. The state court, and not this Court, is the judge of its own jurisdiction. This Court will not hold that the state court had no jurisdiction to determine rights under an ordinance because it had been superseded by a later ordinance when the latter does not appear in the record Page 231 U. S. 569 and the highest court of the stat...
Baker Vs. Warner
Court: US Supreme Court
Decided on: Dec-22-1913
Baker v. Warner - 231 U.S. 588 (1913) U.S. Supreme Court Baker v. Warner, 231 U.S. 588 (1913) Baker v. Warner Nos. 41, 42 Argued November 5, 1913 Decided December 22, 1913 231 U.S. 588 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Motions in arrest of judgment are not favored. In considering a motion in arrest, the plaintiff will be given the benefit of every implication that can be drawn from the pleading, liberally construed, and even if the allegations are defectively set forth or improperly arranged, if they show facts constituting a good cause of action, the motion will be denied. Where the defendant in a suit for libel is put on notice of extrinsic facts surrounding the publication, and does not demur, but joins issue and goes to trial, a verdict against him cures the defects in the complaint and a motion to arrest should not be granted. The strict rules announced in earlier decisions in this respect have been modified by modern and more libera...
Prudential Ins. Co. Vs. Moore
Court: US Supreme Court
Decided on: Dec-22-1913
Prudential Ins. Co. v. Moore - 231 U.S. 560 (1913) U.S. Supreme Court Prudential Ins. Co. v. Moore, 231 U.S. 560 (1913) Prudential Insurance Company v. Moore No. 47 Argued November 6, 1913 Decided December 22, 1913 231 U.S. 560 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Aetna Insurance Co. v. Moore, ante, p. 231 U. S. 543 , followed to effect that it was error not to charge the jury that a statement made by an applicant for life insurance that he had never been rejected by any company, association, or agent after he had withdrawn an application on the advice of the medical adviser with knowledge that the company for whom the examination was made would reject him, is material and untruthful. Where the policy itself expressly provides that it cannot be varied by anyone except an officer of the company issuing it, the company is Page 231 U. S. 561 not estopped to contest the policy on the ground of misrepresentation or concealment in the ap...
Pullman Co. Vs. Croom
Court: US Supreme Court
Decided on: Dec-22-1913
Pullman Co. v. Croom - 231 U.S. 571 (1913) U.S. Supreme Court Pullman Co. v. Croom, 231 U.S. 571 (1913) Pullman Co. v. Croom No. 28, 158 Argued October 31, November 3, 1913 Decided December 22, 1913 231 U.S. 571 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus A suit to enjoin a public officer from enforcing a statute is personal, and, in the absence of statutory provision for continuing it against his successor, abates upon his death or retirement from office. United States. v. Boutwell, 17 Wall. 604. The only exceptions recognized to this rule are boards and bodies of quasi -corporate character having continuous existence. Marshall v. Dye, ante, p. 231 U. S. 250 . The Act of February 8, 1899, c. 121, 30 Stat. 822, providing for substituting the successors in office of public officers, applies only to federal officials, and not to state officials. Where the only state official as to whom an injunction against enfo...
New York Life Ins. Co. Vs. Deer Lodge County
Court: US Supreme Court
Decided on: Dec-15-1913
New York Life Ins. Co. v. Deer Lodge County - 231 U.S. 495 (1913) U.S. Supreme Court New York Life Ins. Co. v. Deer Lodge County, 231 U.S. 495 (1913) New York Life Insurance Company v. Deer Lodge County No. 5 Argued November 11, 1913 Decided December 15, 1913 231 U.S. 495 ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA Syllabus The sanction of the rule of stare decisis urges this Court against reversing a long series of decisions where state legislation has been enacted in reliance thereon and the reversal would involve the promulgation of a new rule of constitutional inhibition on state legislation necessitating readjustment of policy and laws. After reviewing Paul v. Virginia, 8 Wall. 168, decided by this Court in 1868, and other cases in which that case was followed, this Court adheres to the decisions in those cases to the effect that the issuing of an insurance policy is not commerce, but a personal contract, and that the regulations of a state in regard to pol...
United States Vs. Carter
Court: US Supreme Court
Decided on: Dec-15-1913
United States v. Carter - 231 U.S. 492 (1913) U.S. Supreme Court United States v. Carter, 231 U.S. 492 (1913) United States v. Carter No. 722 Motion to dismiss submitted December 1, 1913 Decided December 15, 1913 231 U.S. 492 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA Syllabus Under the Criminal Appeals Act of March 2, 1907, this Court has no power to revise the mere interpretation of an indictment by the court below, but is confined to ascertaining whether that court erroneously construed the statute on which the indictment rested. In this case, the writ of error is dismissed, as the ruling of the court below that the counts which were quashed were bad in law did not reasonably involve a construction of the statute, but may well have rested on the opinion of the court as to insufficiency of the indictment. The facts, which involve the jurisdiction of this Court of appeals under the Criminal Appeals Act of March 2, 1907, ar...