Us Supreme Court Court May 1925 Judgments
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North Carolina R. Co. Vs. Story
Court: US Supreme Court
Decided on: May-25-1925
North Carolina R. Co. v. Story - 268 U.S. 288 (1925) U.S. Supreme Court North Carolina R. Co. v. Story, 268 U.S. 288 (1925) North Carolina Railroad Company v. Story No. 322 Argued April 14, 1925 Decided May 25, 1925 268 U.S. 288 CERTIORARI TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA Syllabus 1. A judgment of a state supreme court affirming the refusal of a lower court to continue a temporary restraining order and to grant a permanent injunction on the petition and answer, and leaving nothing for the lower court to do but dismiss the petition, held a final judgment and reviewable by certiorari under Jud.Code 237, as amended September 6, 1916. P. 268 U. S. 291 . 2. An appellate court, upon an appeal from a temporary or interlocutory order or decree, has power under general equity practice to examine the merits, if sufficiently shown by the pleadings and record, and, upon deciding them for the defendant, to dismiss the bill. Id. 3. A judgment not appealed from,...
Real Silk Hosiery Mills Vs. Portland
Court: US Supreme Court
Decided on: May-25-1925
Real Silk Hosiery Mills v. Portland - 268 U.S. 325 (1925) U.S. Supreme Court Real Silk Hosiery Mills v. Portland, 268 U.S. 325 (1925) Real Silk Hosiery Mills v. City of Portland No. 417 Argued April 27, 1925 Decided May 25, 1925 268 U.S. 325 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A municipal ordinance requiring that every person who goes from place to place taking orders for goods for future delivery and receives payment or any deposit of money in advance shall secure Page 268 U. S. 326 a license by paying: a fee and filing a bond conditioned to make final delivery of ordered goods held an unconstitutional interference with interstate commerce as applied to the solicitors of a corporation engaged in manufacturing goods in another state and selling them direct to consumers on orders taken by the solicitors and sent to the home office of the corporation, the customers making advance deposits which were retained by the solicitors as thei...
United States Vs. Baltimore Post
Court: US Supreme Court
Decided on: May-25-1925
United States v. Baltimore Post - 268 U.S. 388 (1925) U.S. Supreme Court United States v. Baltimore Post, 268 U.S. 388 (1925) United States v. Baltimore Post No. 847 Argued April 16, 17, 1925 Decided May 25, 1925 268 U.S. 388 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND Syllabus Decided upon the authority of United States v. Dickey, ante, p. 268 U. S. 378 . 2 F. 2d 761 affirmed. Page 268 U. S. 389 MR. JUSTICE SUTHERLAND delivered the opinion of the Court. This case comes here from a judgment of the lower court dismissing the indictment, 2 F.2d 761, and is the same in all respects as No. 768, United States v. Dickey et al., ante, p. 268 U. S. 378 . Upon that authority, the judgment below is Affirmed. MR. JUSTICE STONE took no part in the consideration or decision of this case. ...
Benedict Vs. Ratner
Court: US Supreme Court
Decided on: May-25-1925
Benedict v. Ratner - 268 U.S. 353 (1925) U.S. Supreme Court Benedict v. Ratner, 268 U.S. 353 (1925) Benedict v. Ratner No. 11 Argued October 5, 1923 Decided May 25, 1925 268 U.S. 353 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. By the law of New York, a transfer of property, as security for a debt, which reserves to the transferor the right to dispose of the property or to apply its proceeds for his own uses is fraudulent and void as to creditors. P. 268 U. S. 360 . 2. This rule applies to the assignment of present and future book accounts as well as to assignment of chattels, since it does not result from the retention of ostensible ownership by the assignor, but from the fact that the reservation of dominion by him is inconsistent with the effective disposition of title and creation of a lien. P. 268 U. S. 361 . 3. Held that an assignment made by a mercantile corporation, more than four months before it was adjudged bankrupt, of it...
Knewel Vs. Egan
Court: US Supreme Court
Decided on: May-25-1925
Knewel v. Egan - 268 U.S. 442 (1925) U.S. Supreme Court Knewel v. Egan, 268 U.S. 442 (1925) Knewel v. Egan No. 622 Argued April 20, 1925 Decided May 25, 1925 268 U.S. 442 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA Syllabus 1. A sentence of a state court in a criminal case cannot be reviewed by habeas corpus in the federal court upon the ground that the information was insufficient as a pleading. P. 268 U. S. 445 . 2. Nor upon the ground that the information failed to allege venue, and that the state court denied the relator a constitutional right by holding the defect to have been waived under a state statute by failure to demur. P. 268 U. S. 446 . 3. Where a sheriff appealed to this Court from a judgment of the district court in habeas corpus discharging a state prisoner from his custody, and after going out of office, in collusion with the prisoner, moved a dismissal of the appeal, held that the motion should be denied, an...
Realty Holding Co. Vs. Donaldson
Court: US Supreme Court
Decided on: May-25-1925
Realty Holding Co. v. Donaldson - 268 U.S. 398 (1925) U.S. Supreme Court Realty Holding Co. v. Donaldson, 268 U.S. 398 (1925) Realty Holding Co. v. Donaldson No. 348 Argued April 28, 1925 Decided May 25, 1925 268 U.S. 398 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus 1. An allegation that a defendant in the district court is a "resident" of the state in which the suit is brought is not a sufficient allegation of citizenship there, but the defect is amendable when such citizenship is conceded, and on appeal the amendment will be considered as made, rather than send the case back for that purpose. P. 268 U. S. 399 . 2. A suit for specific performance of the covenants of a lease is a suit to recover upon a chose in action within the meaning of Jud.Code Page 268 U. S. 399 24, "First," and cannot be maintained in the district court on the ground of diverse citizenship if the plaintiff sues as assignee of the lease and see...
Weller Vs. New York
Court: US Supreme Court
Decided on: May-25-1925
Weller v. New York - 268 U.S. 319 (1925) U.S. Supreme Court Weller v. New York, 268 U.S. 319 (1925) Weller v. New York No. 349 Argued April 28, 29, 1925 Decided May 25, 1925 268 U.S. 319 ERROR TO THE COURT OF SPECIAL SESSIONS OF THE CITY OF NEW YORK, STATE OF NEW YORK Syllabus 1. A state law forbidding and penalizing the engaging without a license in the business of reselling theater tickets does not violate the Fourteenth Amendment. P. 268 U. S. 325 . 2. The provisions of the New York General Business Law, as amended, c. 590, 1922, requiring theater ticket brokers to give bond and obtain a license are separable and workable apart from those restricting the price at which the tickets may be resold, so that the validity of the former is independent of the validity of the latter. Id. 207 App.Div.N.Y. 337, 237 N.Y. 316, affirmed. Error to a judgment of the Court of Special Sessions of the City of New York adjudging the plaintiff in error guilty of reselling theater ticke...
Chang Chan Vs. Nagle
Court: US Supreme Court
Decided on: May-25-1925
Chang Chan v. Nagle - 268 U.S. 346 (1925) U.S. Supreme Court Chang Chan v. Nagle, 268 U.S. 346 (1925) Chang Chan v. Nagle No. 11 Argued October 5, 1923 Decided May 25, 1925 268 U.S. 346 ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Chinese women, being themselves ineligible to citizenship, do not become citizens of the United States by marrying American citizens. Rev.Stats. 2169; Act of Sept. 22, 1922, c. 411, 42 Stat. 1022. P. 268 U. S. 351 . 2. Chinese women who, before the date of the Immigration Act of 1924, married American citizens of the Chinese race permanently domiciled in this country were debarred by the Act from coming here to join their husbands (no treaty right being involved), since 13(c) forbids admission of aliens ineligible to citizenship, with certain exceptions which do not include such wives. P. 268 U. S. 352 . Page 268 U. S. 347 3. Such Chinese wives, coming here to join their husbands, are immigrants as def...
United States Vs. Dickey
Court: US Supreme Court
Decided on: May-25-1925
United States v. Dickey - 268 U.S. 378 (1925) U.S. Supreme Court United States v. Dickey, 268 U.S. 378 (1925) United States v. Dickey No. 768 Argued April 16, 17, 1925 Decided May 25, 1925 268 U.S. 378 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus 1. Assuming that no constitutional right of the taxpayer is invaded, the question whether income tax returns shall be published or kept secrets addressed to the discretion of Congress. P. 268 U. S. 386 . 2. Section 257(b) of the Revenue Act of June 2, 1924, directs the Commissioner of Internal Revenue to prepare, each year, and make "available to public inspection in such manner as he may determine, in the office of the collector of each internal revenue district and in such other places as he may determine, lists containing the name and post office address of each person making an income tax return in such district, together with the amount of the income tax paid by such person...
United States Vs. Royer
Court: US Supreme Court
Decided on: May-25-1925
United States v. Royer - 268 U.S. 394 (1925) U.S. Supreme Court United States v. Royer, 268 U.S. 394 (1925) United States v. Royer No. 359 Argued April 30, 1925 Decided May 25, 1925 268 U.S. 394 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. To constitute an officer de facto, it is not essential that there shall have been an attempted exercise of competent or prima facie power of appointment. P. 268 U. S. 396 . 2. The facts that the commanding general recommended an officer's promotion and notified him of his subsequent appointment, and that the officer accepted the office and performed its duties by direction of his superiors, are evidence that a vacancy in that rank existed. P. 268 U. S. 397 . 3. Claimant, having been recommended by the commanding general during the war for promotion from the office of lieutenant to that of major, and having assumed that rank by direction of the general based on notice from the adjutant general's office that the appointment had been...
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