Court : US Supreme Court
Smyth v. Asphalt Belt Ry. Co. - 267 U.S. 326 (1925) U.S. Supreme Court Smyth v. Asphalt Belt Ry. Co., 267 U.S. 326 (1925) Smyth v. Asphalt Belt Railway Company No. 206 Argued January 20, 1925 Decided March 2, 1925 267 U.S. 326 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS, TRANSFERRED FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT, PURSUANT TO THE ACT OF CONGRESS OF SEPTEMBER 14, 1922 Syllabus 1. The propriety of a transfer of a case from the circuit court of appeals will be inquired into by this Court of its own motion. P. 267 U. S. 327 . 2. A decree of the district court dismissing a bill "for lack of jurisdiction" but in the absence of any challenge of the court's jurisdiction as a federal court, and based upon a conclusion, after full hearing upon pleadings and evidence, that the acts sought to be enjoined were not violative of rights claimed by the plaintiff under a federal statute, held not to invo...
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Lynch v. Alworth-Stephens Co. - 267 U.S. 364 (1925) U.S. Supreme Court Lynch v. Alworth-Stephens Co., 267 U.S. 364 (1925) Lynch v. Alworth-Stephens Company No. 273 Argued January 7, 8, 1925 Decided March 2, 1925 267 U.S. 364 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The interest of a corporate lessee of a mine under a lease for a term of years obliging it to mine a minimum tonnage of ore annually and to pay the lessor, owner of the fee, a stated royalty per ton mined, is property within the meaning of 12a of the Income Tax Law of September 8, 1916, which provides that the net income of corporations organized in the United States shall be ascertained by deducting from gross income, among other things, "a reasonable allowance for the exhaustion . . . of property arising out of its use," and specifically, in the case of mines, "a reasonable allowance Page 267 U. S. 365 for depletion thereof not to exceed the market value in the mine of t...
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