Us Supreme Court Court November 1925 Judgments
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Matthews Vs. Huwe
Court: US Supreme Court
Decided on: Nov-30-1925
Matthews v. Huwe - 269 U.S. 262 (1925) U.S. Supreme Court Matthews v. Huwe, 269 U.S. 262 (1925) Matthews v. Huwe Nos. 39, 40 Submitted October 12, 1925 Decided November 30, 1925 269 U.S. 262 ERROR TO THE COURT OF APPEALS FOR THE FIRST JUDICIAL DISTRICT OF OHIO Syllabus 1. A decision of a state supreme court dismissing a petition in error to review a judgment of an intermediate court upon the ground that the constitutional question raised, and upon which the jurisdiction of the higher court depended, was not debatable ( i.e., was frivolous) is a decision of the merits, so that a writ of error from this Court must go to the supreme court, and not to the intermediate court. P. 269 U. S. 263 . 2. A writ of error from this Court will not lie to the judgment of an intermediate state court when the supreme court of the state, though lacking jurisdiction through writ of error taken as of right, had discretionary power to review the judgment by certiorari, and the plaintiff in ...
Atchison, Topeka and Santa Fe Ry. Co. Vs. United States
Court: US Supreme Court
Decided on: Nov-30-1925
Atchison, Topeka & Santa Fe Ry. Co. v. United States - 269 U.S. 266 (1925) U.S. Supreme Court Atchison, Topeka & Santa Fe Ry. Co. v. United States, 269 U.S. 266 (1925) Atchison, Topeka & Santa Fe Ry. Co. v. United States No. 273 Argued Nov.19, 20, 1925 Decided November 30, 1925 269 U.S. 266 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The provision of the Hours of Service Act, "that no operator, train dispatcher or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours," etc., does not apply to a yardmaster, under circumstances described in the opinion. P. 269 U. S. 267 . 3 F.2d 138, reversed. Certiorari to a judgment of the circuit court of appeals which affirmed a judgment for penalties, recovered Page 269 U. S. 267 from the Railroad by t...
Edwards Vs. Douglas
Court: US Supreme Court
Decided on: Nov-23-1925
Edwards v. Douglas - 269 U.S. 204 (1925) U.S. Supreme Court Edwards v. Douglas, 269 U.S. 204 (1925) Edwards v. Douglas No. 129 Argued April 17, 1925 Decided November 23, 1925 269 U.S. 204 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Section 31(b), added by the Revenue Act of 1917 to the Revenue Act of 1916, provides: "Any distribution made to the shareholders . . . of a corporation . . . in the year nineteen hundred and seventeen or subsequent tax years shall be deemed to have been made from the most recently accumulated undivided profits or surplus, and shall constitute a part of the annual income of the distributee for the year in which received, and shall be taxed to the distributee at the rates prescribed by law for the years in which such profits or surplus were accumulated by the corporation, . . . but nothing herein shall be construed as taxing any earnings or profits accrued prior to March first, nineteen hundred and thirteen. . . ." ...
Work Vs. Louisiana
Court: US Supreme Court
Decided on: Nov-23-1925
Work v. Louisiana - 269 U.S. 250 (1925) U.S. Supreme Court Work v. Louisiana, 269 U.S. 250 (1925) Work v. Louisiana No. 5 Argued October 6, 1925 Decided November 23, 1925 269 U.S. 250 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. A suit by a state to restrain the Secretary of the Interior from rejecting the state's claim under the Swamp Land Acts upon an unauthorized ruling of law illegally requiring the state, as a condition precedent, to show that the lands are not mineral in character, is not objectionable as being premature and as invading the Secretary's function to adjudicate the title. P. 269 U. S. 254 . 2. In such a suit, the United States, and homestead entrymen claiming the lands, are not indispensable parties defendant. Id. 3. The grants of the Swamp Land Acts of 1849 and 1850 were in praesenti, and gave the grantee states an inchoate title that became perfect, as of the dates of the Acts, when the granted lands had been identifi...
United States Vs. Boston Ins. Co.
Court: US Supreme Court
Decided on: Nov-23-1925
United States v. Boston Ins. Co. - 269 U.S. 197 (1925) U.S. Supreme Court United States v. Boston Ins. Co., 269 U.S. 197 (1925) United States v. Boston Insurance Company No. 29 Argued October 9, 1925 Decided November 23, 1925 269 U.S. 197 APPEAL FROM THE COURT OF CLAIMS Syllabus The Revenue Act of 1916, 12, Par. "First," subdiv. (c), in defining deductions from gross income allowable in ascertaining the net income of domestic corporation, included, in the case of insurance companies, "the net addition, if any, required by law to reserve fund." Held, that "reserve funds " does not embrace funds held by a fire and marine insurance company, as required by the New York Superintendent of Insurance, to cover accrued but unsettled claims for losses. McCoach v. Insurance Co., 244 U. S. 585 , followed; Maryland Casualty Co. v. United States, 251 U. S. 342 , explained and in part disapproved. P. 269 U. S. 202 . 58 Ct.Cls. 603 reversed. Appeal from a judgment of the Court ...
New York ex Rel. Woodhaven Co. Vs. Public Svc. Comm'n
Court: US Supreme Court
Decided on: Nov-23-1925
New York ex Rel. Woodhaven Co. v. Public Svc. Comm'n - 269 U.S. 244 (1925) U.S. Supreme Court New York ex Rel. Woodhaven Co. v. Public Svc. Comm'n, 269 U.S. 244 (1925) cg:269 U.S. 244*gas*justiciability* ct:New York ex Rel. Woodhaven Co. v. Public Svc. Comm'n, 269 U. S. 244 (1925) New York ex Rel. Woodhaven Gas Light Company v. Public Service Company No. 33 Argued October 12, 1925 Decided November 23, 1925 269 U.S. 244 ERROR TO THE SUPREME COURT OF NEW YORK Syllabus 1. A case involving the validity of an order requiring a gas company to extend its mains did not become moot through the act of the Page 269 U. S. 245 company in making part of the specified extensions since suing out its writ of error. P. 269 U. S. 246 . 2. In determining whether an order of a state commission requiring a gas company to extend its main pipes is repugnant to the due process clause of the Fourteenth Amendment, the court will not substitute its own judgment for the determination of the Co...
Louisville and Nashville R. Co. Vs. Sloss-sheffield Co.
Court: US Supreme Court
Decided on: Nov-23-1925
Louisville & Nashville R. Co. v. Sloss-Sheffield Co. - 269 U.S. 217 (1925) U.S. Supreme Court Louisville & Nashville R. Co. v. Sloss-Sheffield Co., 269 U.S. 217 (1925) Louisville & Nashville Railroad Company v. Sloss-Sheffield Steel & Iron Company No. 25 Argued April 23, 1925 Decided November 23, 1925 269 U.S. 217 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The case is properly here on writ of error; therefore, certiorari is denied. P. 269 U. S. 223 . 2. Upon review of a judgment enforcing a reparation order made by the Interstate Commerce Commission in lieu of an earlier one, the carrier contended that the later order, though less in amount, was nevertheless void because by it the commission not merely eliminated items inadvertently included in the earlier order, but, without notice to the carrier or opportunity to be heard, added others which had been inadvertently omitted. Held that, assuming it otherwise void, the later order, having be...
Southern Electric Co. Vs. Stoddard
Court: US Supreme Court
Decided on: Nov-23-1925
Southern Electric Co. v. Stoddard - 269 U.S. 186 (1925) U.S. Supreme Court Southern Electric Co. v. Stoddard, 269 U.S. 186 (1925) Southern Electric Company v. Stoddard No. 42 Submitted October 14, 1925 Decided November 23, 1925 269 U.S. 186 ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus In proceedings brought by the New York Superintendent of Insurance to liquidate the business of a New York insurance company, the claim of a creditor who had recovered judgment against the company in a federal court in another state, to payment out of existing assets, was disallowed by the Supreme Court of New York, Special Term, upon the ground that, under the New York insurance law, the claim, having arisen after the date when the property was taken over for liquidation, must be postponed to claims previously arisen. The order of disallowance was affirmed by the Appellate Division. The creditor throughout the proceedings invoked the full faith and credit clause, the contract ...
Central Union Tel. Co. Vs. City of Edwardsville
Court: US Supreme Court
Decided on: Nov-23-1925
Central Union Tel. Co. v. City of Edwardsville - 269 U.S. 190 (1925) U.S. Supreme Court Central Union Tel. Co. v. City of Edwardsville, 269 U.S. 190 (1925) Central Union Telephone Company v. City of Edwardsville No. 37 Argued October 13, 1925 Decided November 23, 1925 269 U.S. 190 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus 1. A system of state appellate practice (as in Illinois) which allows review of constitutional questions, with any others involved in the case, by direct appeal to the Supreme Court of the state, but provides that, if the appeal be taken to an intermediate court, empowered to review nonconstitutional questions, the constitutional questions shall be waived, is reasonable and valid as applied to a suitor who lost his opportunity to have his claim under the federal Constitution reviewed, in the state court or here, by appealing to the intermediate court. P. 269 U. S. 194 . 2. An Illinois statute providing that " cases . . . in which the ...
Hicks Vs. Guinness
Court: US Supreme Court
Decided on: Nov-16-1925
Hicks v. Guinness - 269 U.S. 71 (1925) U.S. Supreme Court Hicks v. Guinness, 269 U.S. 71 (1925) Hicks v. Guinness Nos. 80 and 81 Argued October 22, 23, 1925 Decided November 16, 1925 269 U.S. 71 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. In an action under the Trading with the Enemy Act to recover on the debt of a German to an American citizen which was due and payable here in German marks before this country entered the late war, the damages are to be measured by the value of marks in dollar as of the time when default occurred. P. 269 U. S. 80 . 2. The liability to damage having become absolute before he war began, interest should include the time covered by the war. P. 269 U. S. 81 . 299 F. 538 affirmed in part, reversed in part. Certiorari allowed on cross-petitions to review a judgment of the circuit court of appeals which affirmed a decree of the district court (291 F. 768, 769) allowing a recovery, without interest during the...
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