Court : US Supreme Court
Ex Parte Slater - 246 U.S. 128 (1918) U.S. Supreme Court Ex Parte Slater, 246 U.S. 128 (1918) Ex Parte Slater No. 27, Original Argued January 21, 1918 Rule discharged March 4, 1918 246 U.S. 128 PETITION FOR WRIT OF MANDAMUS Syllabus A petition for mandamus should give a correct, uncolored statement of the matter concerning which it seeks relief. The function of mandamus, when directed to judicial officers, restated. The right of substitution upon the death of a party to a suit in the district court depends upon recognized legal and equitable principles to be judicially applied, and where, after due hearing, the motion is denied, the ruling, if erroneous, may be corrected upon appeal, but it cannot be reviewed by mandamus. By decree in a pending suit, the District Court directed that a sum in Page 246 U. S. 129 the registry be distributed among several solicitors in proportion to their respective services in the case, past payments to be considered, and retained control o...
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Wynkoop, Hallenbeck, Crawford Co. v. Gaines - 227 U.S. 4 (1918) U.S. Supreme Court Wynkoop, Hallenbeck, Crawford Co. v. Gaines, 227 U.S. 4 (1913) Wynkoop, Hallenbeck, Crawford Company v. Gaines No. 689 Motion to dismiss submitted January 6, 1913 Decided January 20, 1918 227 U.S. 4 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Where the question whether the claim against the bankrupt be allowed or not has been settled by an order of the court, questions remaining as to how the order shall be carried out are purely administrative, and as they do not involve the rejection or allowance of a claim, this Court has no power under § 25 b of the Bankruptcy Act to review the decision of the circuit court of appeals. Appeal from 196 F. 357 dismissed. The facts, which involve the jurisdiction of this Court of appeals under § 25 b of the Bankruptcy Act, are stated in the opinion. Page 227 U. S. 6 Memorandum opinion, by direction of the Court,...
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Missouri, Kansas & Texas Ry. Co. v. Texas - 245 U.S. 484 (1918) U.S. Supreme Court Missouri, Kansas & Texas Ry. Co. v. Texas, 245 U.S. 484 (1918) Missouri, Kansas & Texas Railway Company v. Texas No. 113 Submitted January 2, 1918 Decided January 14, 1918 245 U.S. 484 ERROR TO THE COURT OF CIVIL APPEALS, THIRD SUPREME JUDICIAL DISTRICT, OF THE STATE OF TEXAS Syllabus Where, in regular course, a passenger train is moved by one company from one state to a point in another and is there taken charge of and carried to destination by a second company, local to the second state, it is manifestly erroneous to hold that its interstate character is lost because the second company employs new crews and engines and cannot go beyond the state line. An order of the Texas Railroad Commission requiring passenger trains in the state to leave stations on advertised schedule time, and allowing them no more than 30 minutes at origin or points of junction to make connection with trains of other...
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Kramer v. United States - 245 U.S. 478 (1918) U.S. Supreme Court Kramer v. United States, 245 U.S. 478 (1918) Kramer v. United States No. 680 Argued December 13, 14, 1917 Decided January 14, 1918 245 U.S. 478 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus After an examination of the entire record, the Court finds no merit in the contention that the case should have been withheld from the jury for want of evidence tending to show the accused guilty of the crime charged -- a conspiracy (with overt acts) to violate the Selective Draft Law, by dissuading persons from registering. As to other questions, the case is indistinguishable from Goldman v. United States, ante, 245 U. S. 474 , and is decided on the authority of that case and the Selective Draft Law cases, ante, 245 U. S. 366 . Affirmed. The case is stated in the opinion. MR. CHIEF JUSTICE WHITE delivered the opinion of the Court. In this case, as in No. 702, Go...
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Ruthenberg v. United States - 245 U.S. 480 (1918) U.S. Supreme Court Ruthenberg v. United States, 245 U.S. 480 (1918) Ruthenberg v. United States No. 656 Argued December 13, 14, 1917 Decided January 14, 1918 245 U.S. 480 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO As to the constitutionality of the Selective Draft Law, the case is ruled by the Selective Draft Law Cases, ante, 245 U. S. 366 . No infraction of constitutional or statutory right is predicable of the fact that the indictment and conviction of a socialist are returned by grand and petit juries composed exclusively of members of other political parties and property owners. Upon a criminal trial of defendants who are socialists, it is not error for the district court to refuse them permission to ask the jurors whether they distinguish between socialists and anarchists. The Sixth Amendment, both by its plain text and as construed contemporaneously by the Judiciary Act of 1...
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George A. Fuller Co. v. Otis Elevator Co. - 245 U.S. 489 (1918) U.S. Supreme Court George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918) George A. Fuller Co. v. Otis Elevator Company No. 128 Argued January 3, 1918 Decided January 14, 1918 245 U.S. 489 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Petitioner, having paid the judgment affirmed in George A. Fuller Co. v. McCloskey, 228 U. S. 194 , recovered indemnity from the respondent upon the ground that the latter, at the time of the accident, retained its control over the negligent servant. Held that, there being sufficient evidence upon that point to warrant the verdict, petitioner's judgment should be affirmed. Held further that the adjudication in the former case did not estop the petitioner upon the issue of primary responsibility here presented, as it did not determine or involve that issue, and respondent had been dismissed from that case as codefendant before petitioner's e...
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Martin v. Commercial National Bank - 245 U.S. 513 (1918) U.S. Supreme Court Martin v. Commercial National Bank, 245 U.S. 513 (1918) Martin v. Commercial National Bank of Macon, Georgia No. 100 Argued December 19, 20, 1917 Decided January 14, 1918 245 U.S. 513 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus When the state law recognizes unrecorded chattel mortgages as valid between the parties, and merely postpones them to liens created and purchases made while they remain unrecorded (Georgia Code of 1910, 3260), delay of recordation until within four months before the initiation of bankruptcy proceedings against the mortgagor does not enable the trustee to assail such a mortgage as a preference as of the date of its recordation under 60b of the Bankruptcy Act, as amended June 25, 1910, c. 412, 36 Stat. 838, 842, if he represents no lien on the property other than his lien under 47a, arising subsequently. Recordation is to be deemed "required" in...
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Goldman v. United States - 245 U.S. 474 (1918) U.S. Supreme Court Goldman v. United States, 245 U.S. 474 (1918) Goldman v. United States No. 702 Argued December 13, 14, 1917 Decided January 14, 1918 245 U.S. 474 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The Selective Draft Law of May 18, 1917, upheld as constitutional on the authority of the Selective Draft Law Cases, ante, 245 U. S. 366 , in a case of conspiracy to violate the act by dissuading persons from registering. In reviewing directly a judgment of the district court in a criminal case, when the constitutional questions upon which the jurisdiction of this Court depends are not frivolous, but are resolved against the plaintiff in error, other questions raised are to be considered and passed upon. It is well settled that, under 37 of the Criminal Code, a conspiracy to commit an offense, when followed by overt acts, is punishable as a substantive crime, whet...
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Illinois Central R. Co. v. State Pub. Util. Comm'n - 245 U.S. 493 (1918) U.S. Supreme Court Illinois Central R. Co. v. State Pub. Util. Comm'n, 245 U.S. 493 (1918) Illinois Central Railroad Company v. State Public Utilities Commission Nos. 416, 448 Argued October 8, 9, 1917 Decided January 14, 1918 245 U.S. 493 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Suits brought by carriers to restrain state officials from interfering with the establishment and maintenance of intrastate rates which the carriers have adopted in pursuance of an order of the Interstate Commerce Commission requiring the removal of discrimination against interstate commerce are not suits to "enforce" the order in the sense of the jurisdictional provision of the Act of October 22, 1913, c. 32, 38 Stat. 219, and need not be brought in the district "wherein is the residence of the party or any of the parties upon whose petition the order was made." They...
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Ketcham v. Burr - 245 U.S. 510 (1918) U.S. Supreme Court Ketcham v. Burr, 245 U.S. 510 (1918) Ketcham v. Burr No. 114 Submitted January 2, 1918 Decided January 14, 1918 245 U.S. 510 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus Appellant, having been for a time confined in an asylum as an insane person after due proceedings in a state probate court, took no appeal or other proceedings in the state courts, but, long after his escape, Page 245 U. S. 511 filed this bill against the owner and officials of the asylum, the present and former judges and registers of the probate court, and others to regain certain documents and set aside the inquisition. Held that no construction or application of the Constitution was involved, and hence this Court lacked jurisdiction of a direct appeal from the district court. Appeal dismissed. The case is stated in the opinion. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. H...
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