Us Supreme Court Court April 1913 Judgments
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Jordan Vs. Roche
Court: US Supreme Court
Decided on: Apr-28-1913
Jordan v. Roche - 228 U.S. 436 (1913) U.S. Supreme Court Jordan v. Roche, 228 U.S. 436 (1913) Jordan v. Roche Nos. 202, 203 Argued April 15, 1913 Decided April 28, 1913 228 U.S. 436 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Bay rum imported from Porto Rico subsequent to the passage of the Foraker Act and prior to the passage of the Act of February 4, 1909, was subject to the payment of a tax equal to the internal revenue tax imposed in the United States, under 3248 and 3254, Rev.Stat., on distilled spirits, spirits, alcohol, and alcoholic spirits. The provision in 3 of the Foraker Act, that with the institution of a system of taxation in Porto Rico, tariff duties on goods coming to and from Porto Rico and the United States should cease, is explicitly confined to such duties and does not relate to internal revenue taxes established in the act. A statute declaring that a specified article shall be taxed and how is not necessarily a decl...
Johnson Vs. United States
Court: US Supreme Court
Decided on: Apr-28-1913
Johnson v. United States - 228 U.S. 457 (1913) U.S. Supreme Court Johnson v. United States, 228 U.S. 457 (1913) Johnson v. United States No. 715 Argued April 11, 1913 Decided April 28, 1913 228 U.S. 457 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Courts proceed step by step. Matter of Harris, 221 U. S. 274 , established simply that the transfer of books of the bankrupt to the trustee could be required, and left undetermined the question of use to which the books could be put. A party is privileged from producing his books in a prosecution against himself, but is not privileged from their production. A criminal cannot protect himself by getting the legal title to corporate books. Wheeler v. United States, 226 U. S. 478 . The production of a documentary confession by a third person, into whose hands it has come alio intuitu, does not compel the witness to be a witness against himself in violation of the Fifth A...
Seaboard Air Line Ry. Vs. Moore
Court: US Supreme Court
Decided on: Apr-28-1913
Seaboard Air Line Ry. v. Moore - 228 U.S. 433 (1913) U.S. Supreme Court Seaboard Air Line Ry. v. Moore, 228 U.S. 433 (1913) Seaboard Air Line Railway v. Moore No. 609 Argued December 3, 1912 Decided April 28, 1913 228 U.S. 433 (1913) ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Where this court finds nothing giving rise to a clear conviction that error has resulted from the action of the court below, it should not reverse the judgment. Chicago Junction Ry. Co. v. King, 222 U. S. 215 . The contention of plaintiff in error that the court below construed a statute adversely to his interest in certain respects will not avail if it appear that, as a matter of fact, he was accorded the benefit he claimed under such statute in those respect, and the right of the other party were made dependent on the questions involved. Where the record show that there was evidence that the cars on which the accident occurred and which were being transferred by a switc...
Madera Water Works Vs. Madera
Court: US Supreme Court
Decided on: Apr-28-1913
Madera Water Works v. Madera - 228 U.S. 454 (1913) U.S. Supreme Court Madera Water Works v. Madera, 228 U.S. 454 (1913) Madera Water Works v. Madera No. 229 Argued April 17, 18, 1913 Decided April 28, 1913 228 U.S. 454 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus If the constitution of the state authorizes municipalities to construct utility plants as well after as before such plants have been built by private parties, one constructing such a plant takes the risk of what may happen, and cannot invoke the Fourteenth Amendment to protect him against loss by the erection of a municipal plant. There is nothing in the Constitution of California that can be construed as a contract, express or implied, that municipalities will not construct water works that will compete with privately owned works built under the provisions of the constitution giving the right, subject Page 228 U. S. 455 to municipal regulation of charges, t...
Northern Pacific Ry. Co. Vs. Boyd
Court: US Supreme Court
Decided on: Apr-28-1913
Northern Pacific Ry. Co. v. Boyd - 228 U.S. 482 (1913) U.S. Supreme Court Northern Pacific Ry. Co. v. Boyd, 228 U.S. 482 (1913) Northern Pacific Railway Company v. Boyd No. 47 Argued November 11, 12, 1912 Decided April 28, 1913 228 U.S. 482 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A corporation acquiring stock control of a railroad company and leasing it becomes liable to account to the leased company for the amount of bonds in the treasury of the leased company diverted by it; that liability can be enforced by a creditor of the leased company who is unable to collect his judgment on account of the insolvency of the leased company which has resulted from the lease itself. Chicago Railway v. Chicago Bank, 134 U. S. 277 . A lessor railroad company which has once become liable for diversion of bonds from the treasury of a lessee company remains so until the bonds are restored; nor is the obligation lessened by disbursements made on account of...
Bradford Vs. United States
Court: US Supreme Court
Decided on: Apr-28-1913
Bradford v. United States - 228 U.S. 446 (1913) U.S. Supreme Court Bradford v. United States, 228 U.S. 446 (1913) Bradford v. United States No. 571 Submitted March 24, 1913 Decided April 28, 1913 228 U.S. 446 APPEAL FROM THE COURT OF CLAIMS Syllabus One convicted of fraud in obtaining patents to public lands filed a petition for pardon which was granted on condition that he make full restitution to the satisfaction of the United States Attorney for the district in which the land was situated, in respect to all land, land titles or claims to land. He filed a relinquishment reserving under the laws of the state in which the land was situated the right to all improvements, the value thereof, with all taxes theretofore paid and to proceed against the United States for the same. He then brought suit in the Court of Claims therefor. Held that Under the conditions of the pardon which he accepted, no right was wrested from him, but, as he was to make voluntary restitution for his...
Everett Vs. Judson
Court: US Supreme Court
Decided on: Apr-28-1913
Everett v. Judson - 228 U.S. 474 (1913) U.S. Supreme Court Everett v. Judson, 228 U.S. 474 (1913) Everett v. Judson No. 595 Argued March 13, 1913 Decided April 28, 1913 228 U.S. 474 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Burlingham v. Crouse, ante, p. 229 U. S. 459 , followed to effect that, under 70a of the Bankruptcy Act, the trustee only takes surrender value of insurance policies on the bankrupt's life, or, in case loans have been made by the company issuing the policies, only the excess of surrender value over the amount of the loan. Under 70a of the Bankruptcy Act, the bankrupt is entitled to the policy by paying the amount of the cash surrender value or excess thereof over loans as of the date of the filing of the petition, and in case of the maturity of the policy before the adjudication, he or his legal representative is entitled to the proceeds of the policy over and above such amount. Congress, by the proviso in 70a, fi...
Burlingham Vs. Crouse
Court: US Supreme Court
Decided on: Apr-28-1913
Burlingham v. Crouse - 228 U.S. 459 (1913) U.S. Supreme Court Burlingham v. Crouse, 228 U.S. 459 (1913) Burlingham v. Crouse No. 184 Argued March 12, 13, 1913 Decided April 28, 1913 228 U.S. 459 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In construing a general reference to property in the Bankruptcy Act, weight must be given to a proviso dealing with a special class of property. A proviso may sometimes mean additional legislation, and not be intended to have the usual and primary office of a proviso, which is to limit generalities and exclude from the scope of the statute that which otherwise would be within its terms. Life insurance is property, but it is peculiar property, and Congress, Page 228 U. S. 460 by the proviso in 70a of the Bankruptcy Act, intended that the bankrupt should have the benefit of all policies except to the extent of the actual cash value which could be realized by the trustee for the creditors. Under the proviso i...
Ex Parte Dante
Court: US Supreme Court
Decided on: Apr-28-1913
Ex Parte Dante - 228 U.S. 429 (1913) U.S. Supreme Court Ex Parte Dante, 228 U.S. 429 (1913) Ex Parte Dante No. 15 Argued April 14, 1913 Decided April 28, 1913 228 U.S. 429 I N MANDAMUS Syllabus The rules of the Court of Appeals of the District of Columbia were promulgated in pursuance of power conferred upon the justices of that court by § 6 of the Act of February 9, 1893, creating it. Rule 10, providing that there shall be no review by the Court of Appeals of any order, judgment, or decree of the Supreme Court of the District unless the appeal be taken within twenty days after the same is made, is the only rule governing such appeal, and there is no provision extending the time for taking or perfecting an appeal in the event of death of a party. Rule 10 has been interpreted to include the perfecting of an appeal by filing the bond. The facts, which involve the construction of Rule 10 of the Court of Appeals of the District of Columbia prescribing the time within wh...
Andrews Vs. Partridge
Court: US Supreme Court
Decided on: Apr-28-1913
Andrews v. Partridge - 228 U.S. 479 (1913) U.S. Supreme Court Andrews v. Partridge, 228 U.S. 479 (1913) Andrews v. Partridge No. 496 Argued March 13, 1913 Decided April 28, 1913 228 U.S. 479 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Burlingham v. Crouse, ante, p. 229 U. S. 459 , and Everett v. Judson, ante, p. 229 U. S. 474 , followed to effect that, under 70a of the Bankruptcy Act, the trustee is only entitled to the cash surrender value of insurance policies on the life of the bankrupt at the time of the filing of the petition, and that the bankrupt or his representative is entitled to the balance of Page 228 U. S. 480 the value thereof, and that the subsequent death of the bankrupt had no effect on this division even though it occurred before adjudication. 191 F. 325 reversed. The facts, which involve the construction of 70a of the Bankruptcy Act and the ownership of policies of insurance on the life of a bankrupt, are stated ...