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Us Supreme Court Court January 1920 Judgments

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Jan 28 1920

United States Vs. Nederlandsch-americaansche Lijn

Court: US Supreme Court

Decided on: Jan-28-1920

United States v. Nederlandsch-Americaansche Lijn - 254 U.S. 148 (1920) U.S. Supreme Court United States v. Nederlandsch-Americaansche Lijn, 254 U.S. 148 (1920) United States v. Nederlandsch-Americaansche Stoomvaart Maatschappij (Holland-America Lijn) No. 3 Argued January 28, 1920 Restored to docket for reargument October 11, 1920 Reargued November 17, 1920 Decided December 6, 120 254 U.S. 148 APPEAL FROM THE COURT OF CLAIMS Syllabus A foreign steamship company alleged that, under duress practiced by the immigration authorities, it paid bills rendered by them under color of the Immigration Act for maintenance and medical care furnished by the United States to certain immigrants who, after landing from the company's ships, were temporarily detained before being admitted to the country, and it claimed reimbursement under the Tucker Act upon the ground that the exactions were in violation of its rights as an alien subject, secured by the Constitution, treaties, and laws of th...


Jan 26 1920

Silverthorne Lumber Co., Inc. Vs. United States

Court: US Supreme Court

Decided on: Jan-26-1920

Silverthorne Lumber Co., Inc. v. United States - 251 U.S. 385 (1920) U.S. Supreme Court Silverthorne Lumber Co., Inc. v. United States, 251 U.S. 385 (1920) Silverthorne Lumber Co., Inc. v. United States No. 358 Argued December 12, 1919 Decided January 26, 1920 251 U.S. 385 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK Syllabus The Fourth Amendment protects a corporation and its officers from compulsory production of the corporate books and papers for use in a criminal proceeding against them when the information upon which the subpoenas were framed was derived by the Government through a previous unconstitutional search and seizure, planned and executed by its officials under color of a void writ, provided the defense of the Amendment be seasonably interposed, and not first raised as a collateral issue at the trial of the indictment. P. 251 U. S. 391 . The rights of a corporation against unlawful search and seizure are to be protec...


Jan 19 1920

Stroud Vs. United States

Court: US Supreme Court

Decided on: Jan-19-1920

Stroud v. United States - 251 U.S. 380 (1920) U.S. Supreme Court Stroud v. United States, 251 U.S. 380 (1920) Stroud v. United States No. 27 Petition for rehearing Decided January 19, 1920 251 U.S. 380 THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS Syllabus Possible error in overruling a challenge for cause in this case was not prejudicial in view of the number of peremptory challenge allowed to, and their use by, the accused and the absence of any indication that the jury was not impartial. The former decision, ante, 251 U. S. 15 , reexamined on this point and approved. Rehearing denied. Memorandum opinion by direction of the Court, by MR. JUSTICE DAY. In this proceeding, on November 24, 1919, this Court affirmed the judgment of the United States District Court for the District of Kansas rendered upon a verdict convicting the plaintiff in error of murder in the first degree. A petition for rehearing has been presented. It has been considered, and...


Jan 19 1920

Chipman, Ltd. Vs. Thomas B. Jeffrey Co.

Court: US Supreme Court

Decided on: Jan-19-1920

Chipman, Ltd. v. Thomas B. Jeffrey Co. - 251 U.S. 373 (1920) U.S. Supreme Court Chipman, Ltd. v. Thomas B. Jeffrey Co., 251 U.S. 373 (1920) Chipman, Limited v. Thomas B. Jeffrey Company No. 516 Submitted December 8, 1919 Decided January 19, 1920 251 U.S. 373 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus By the law of New York, when a foreign corporation, as a condition to doing local business, appoints an agent upon whom process may be served and subsequently removes from the state, service on such agent, though his appointment stand unrevoked, will not confer jurisdiction in an action by a local corporation upon a contract between it and such foreign corporation but made and to be performed in another state when it is not shown that anything was done in New York in the way either of performance or breach of the contract, and it is not material that the foreign corporation was there doing business during a period when the co...


Jan 19 1920

Napa Valley Elec. Co. Vs. Railroad Comm'n

Court: US Supreme Court

Decided on: Jan-19-1920

Napa Valley Elec. Co. v. Railroad Comm'n - 251 U.S. 366 (1920) U.S. Supreme Court Napa Valley Elec. Co. v. Railroad Comm'n, 251 U.S. 366 (1920) Napa Valley Electric Company v. Railroad Commission of California No. 401 Argued December 12, 1919 Decided January 19, 1920 251 U.S. 366 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Under 67 of the Public Utilities Act of California, as construed by the supreme court of the state, a petition to that court for a writ of review to bring up proceeding of the Board of Railroad Commissioner in which rates for electric power were fixed in alleged violation of constitutional right and excess of the Board's jurisdiction may be disposed of upon the merits, by an order simply refusing the writ, if the facts are fully stated in the petition, the provisions for issuing such writ and for subsequent decision upon the record from the Board not being mandatory in such case. P. 251 U. S. 370...


Jan 12 1920

Birge-forbes Co. Vs. Heye

Court: US Supreme Court

Decided on: Jan-12-1920

Birge-Forbes Co. v. Heye - 251 U.S. 317 (1920) U.S. Supreme Court Birge-Forbes Co. v. Heye, 251 U.S. 317 (1920) Birge-Forbes Co. v. Heye No. 76 Argued November 13, 14, 1919 Decided January 12, 1920 251 U.S. 317 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A judgment for an alien enemy is objectionable only in so far as it may give aid and comfort to the other side in the war. P. 251 U. S. 323 . A judgment recovered in the district court by an alien enemy before he became such, the satisfaction of which was delayed by the other party's appeal until the intervention of war, may properly be reviewed during the war and affirmed with direction that the money be paid to the clerk of the trial court to be turned over to the Alien Property Custodian, and a motion to dismiss or suspend the action is correctly denied. Id. Where a broker who became liable for his principal on several arbitration awards sued for their aggregate amount and was given a d...


Jan 12 1920

Western Union Tel. Co. Vs. Boegli

Court: US Supreme Court

Decided on: Jan-12-1920

Western Union Tel. Co. v. Boegli - 251 U.S. 315 (1920) U.S. Supreme Court Western Union Tel. Co. v. Boegli, 251 U.S. 315 (1920) Western Union Telegraph Company v. Boegli No. 83 Submitted December 19, 1919 Decided January 12, 1920 251 U.S. 315 ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA Syllabus An act of Congress regulating a subject of interstate commerce is not to be narrowly construed for the purpose of preserving the state power over the same subject previously enjoyed in the absence of federal legislation. P. 251 U. S. 316 . The Act of June 18, 1910, c. 309, 36 Stat. 545, brought telegraph companies under the Act to Regulate Commerce and under the administrative control of the Interstate Commerce Commission, and so subjected such companies to a uniform national rule, incompatible with a power in the states to inflict penalties for failure to make prompt delivery of interstate messages. Id. Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co., ante, 251 U...


Jan 12 1920

Duhne Vs. New Jersey

Court: US Supreme Court

Decided on: Jan-12-1920

Duhne v. New Jersey - 251 U.S. 311 (1920) U.S. Supreme Court Duhne v. New Jersey, 251 U.S. 311 (1920) Duhne v. New Jersey No. ___, Original Argued January 5, 1920 Decided January 12, 1920 251 U.S. 311 MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Syllabus The federal courts have no jurisdiction of a suit brought by a citizen against his own state without its consent. P. 251 U. S. 313 . In 2 of Art. III of the Constitution, the second clause merely distributes the federal jurisdiction conferred by the preceding one into original and appellate jurisdiction, and does not itself confer any. Id. Permission will not be granted to file an original bill if jurisdiction to entertain it is clearly lacking. P. 251 U. S. 314 . Motion denied; rule discharged. The case is stated in the opinion. Page 251 U. S. 312 Memorandum opinion by MR. CHIEF JUSTICE WHITE, by direction of the Court. The complainant, a citizen of New Jersey, asked leave to file an original bill against the Att...


Jan 12 1920

Maryland Cas. Co. Vs. United States

Court: US Supreme Court

Decided on: Jan-12-1920

Maryland Cas. Co. v. United States - 251 U.S. 342 (1920) U.S. Supreme Court Maryland Cas. Co. v. United States, 251 U.S. 342 (1920) Maryland Casualty Company v. United States No. 73 Argued November 13, 1919 Decided January 12, 1920 251 U.S. 342 APPEAL FROM THE COURT OF CLAIMS Syllabus Under the Income Tax Act of 1913, G, (a), (b), as under the Corporation Excise Tax Act of 1909, the income taxable to a domestic corporation is limited to income "received" during the year. P. 251 U. S. 345 . Under these statutes, premiums collected in any year by the agent of an insurance company but not paid over to the treasurer of the company are part of its income "received" in that year. Id. Page 251 U. S. 343 Where the government imposed and collected the tax on all premiums written during the year, the company, claiming refund of part as erroneously assessed on premiums not received, must show what premiums were received during the year. P. 251 U. S. 347 . Reserves which are r...


Jan 12 1920

Mail Division Cases

Court: US Supreme Court

Decided on: Jan-12-1920

Mail Division Cases - 251 U.S. 326 (1920) U.S. Supreme Court Mail Division Cases, 251 U.S. 326 (1920) Mail Division Cases * No. 109, 132, 133, 232 Argued December 17, 18, 19, 1919 Decided January 12, 1920 251 U.S. 326 APPEALS FROM THE COURT OF CLAIMS Syllabus The Act of March 3, 1873, c. 231, 17 Stat. 558, in appropriating "for increase of compensation for the transportation of mails on railroad routes," directed the Postmaster General to readjust such compensation thereafter to be paid "upon the conditions and at the rate hereinafter mentioned," thereupon providing that the pay per mile per annum "shall not exceed " certain specified sums graded according to average weights of mails carried per day, and further that "the average weight . . . be ascertained, in every case, by the actual weighing of the mails for such a number of successive working days, not less than thirty [by Act of March 3, 1905, c. 1480, 33 Stat. 1082, 1088, increased to ninety] at such times . . . not...


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