Us Supreme Court Court October 1923 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Brede Vs. Powers
Court: US Supreme Court
Decided on: Oct-22-1923
Brede v. Powers - 263 U.S. 4 (1923) U.S. Supreme Court Brede v. Powers, 263 U.S. 4 (1923) Brede v. Powers No. 45 Argued October 4, 1923 Decided October 22, 1923 263 U.S. 4 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus 1. The sections of the Revised Statutes governing the places in which sentences of imprisonment for crime may be executed are in pari materia, and should be construed together. P. 263 U. S. 11 . 2. The power of the district court to sentence to imprisonment in another state, in a penal institution designated by the Attorney General under Rev.Stats. 5546, is not confined to cases in which the imprisonment is for more than a year or at hard labor ( 5541, 5542), but exists also where the sentence is for imprisonment merely, for a year or less. Id. 3. Under 21 of Title II of the National Prohibition Act, which declares any building, boat, vehicle, place, etc., where intoxicating liquor is manufactured, s...
Davis Vs. Wechsler
Court: US Supreme Court
Decided on: Oct-22-1923
Davis v. Wechsler - 263 U.S. 22 (1923) U.S. Supreme Court Davis v. Wechsler, 263 U.S. 22 (1923) Davis v. Wechsler No. 70 Argued October 12, 1923 Decided October 22, 1923 263 U.S. 22 CERTIORARI TO THE KANSAS CITY COURT OF APPEALS STATE OF MISSOURI Syllabus 1. A decision of a state court denying an objection to jurisdiction based on a federal regulation, upon the ground that the objection was waived by the appearance of the party making it, is reexaminable by this Court. P. 263 U. S. 24 . 2. Where the Director General of Railroads, being sued upon a cause of action for personal injuries in a state court whose practice permitted uniting a plea to the jurisdiction with a defense on the merits, pleaded a general denial and also that the court was without jurisdiction because the action was not brought in the proper county as required by a federal regulation governing the place for suits against carriers while under federal control, and his successors, designated by the Presid...
United States Vs. Walter
Court: US Supreme Court
Decided on: Oct-22-1923
United States v. Walter - 263 U.S. 15 (1923) U.S. Supreme Court United States v. Walter, 263 U.S. 15 (1923) United States v. Walter No. 20 Argued October 3, 1923 Decided October 22, 1923 263 U.S. 15 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA Syllabus 1. The Act of October 23, 1918, so amending 35 of the Criminal Code as to make it a crime to make or present, for payment, a fraudulent claim against "any corporation in which the United States of America is a stockholder" should be construed to refer only to corporations, like the Fleet Corporation, that are instrumentalities of the government and in which, for that reason, it owns stock. P. 263 U. S. 17 . 2. The act, so construed, is constitutional. Id. 3. A conspiracy to "defraud the United States in any manner," as denounced by 37 of the Criminal Code, includes a conspiracy to defraud the Fleet Corporation, which, if successful, would result directly in pecuniary loss to the...
Wyman Vs. United States
Court: US Supreme Court
Decided on: Oct-22-1923
Wyman v. United States - 263 U.S. 14 (1923) U.S. Supreme Court Wyman v. United States, 263 U.S. 14 (1923) Wyman v. United States No. 140 Argued October 4, 1923 Decided October 22, 1923 263 U.S. 14 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus Decided upon the authority of Brede v. Powers, ante, 263 U. S. 4 . Affirmed. Error to the District Court for the Eastern District of New York to review a judnent sentencing the plaintiff in error to imprisonment for 45 days in the Essex County Jail, Newark, New Jersey, for the offense of selling whisky for "beverage purposes," in violation of 3, Title II, of the National Prohibition Act, 41 Stat. 305, 308. The prosecution was by information. MR. JUSTICE McKENNA delivered the opinion of the Court. Plaintiff in error was proceeded against by an information for the violation of a section of the National Prohibition Act. A motion was made to dismiss the information on the ground that...
American Railway Express Co. Vs. Levee
Court: US Supreme Court
Decided on: Oct-22-1923
American Railway Express Co. v. Levee - 263 U.S. 19 (1923) U.S. Supreme Court American Railway Express Co. v. Levee, 263 U.S. 19 (1923) American Railway Express Co. v. Levee No. 54 Argued October 8, 1923 Decided October 22, 1923 263 U.S. 19 CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT OF THE STATE OF LOUISIANA Syllabus 1. When by the constitution of a state, the jurisdiction of its highest court to review a judgment of an intermediate tribunal is discretionary, and review is declined, the writ of certiorari from this Court should be addressed to the intermediate tribunal. P. 263 U. S. 20 2. The fact that the highest state court in such case, being required by the state constitution to give reasons for declining, does so by an opinion upon the merits does not take from the refusal its character of declining jurisdiction. P. 263 U. S. 21 . 3. The limit of time for applying here for certiorari dates from the refusal of the highest state court to review the decision of...
Frese Vs. Chicago, B. and Q. R. Co.
Court: US Supreme Court
Decided on: Oct-15-1923
Frese v. Chicago, B. & Q. R. Co. - 263 U.S. 1 (1923) U.S. Supreme Court Frese v. Chicago, B. & Q. R. Co., 263 U.S. 1 (1923) Frese v. Chicago, Burlington & Quincy Railroad Company No. 27 Argued October 3, 1923 Decided October 15, 1923 263 U.S. 1 CERTIORARI TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus Where a state statute makes it the duty of a locomotive engineer to stop his train within a certain distance of a crossing of another railroad and positively to ascertain that the way is clear and that the train can safely resume its course before proceeding to pass the crossing, the duty is a personal one which cannot be devolved by custom upon the fireman, and the negligence of the engineer in failing to comply with the duty is a defense to an action for his resulting death, brought by his administratrix under the Federal Employers' Liability Act, notwithstanding a possibility that the injury might have been avoided if the fireman had been more vigilant. P. 263 U. S...
- ‹ Prev
- Next ›