Us Supreme Court Court March 1926 Judgments
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Missouri Pacific R. Co. Vs. Boone
Court: US Supreme Court
Decided on: Mar-22-1926
Missouri Pacific R. Co. v. Boone - 270 U.S. 466 (1926) U.S. Supreme Court Missouri Pacific R. Co. v. Boone, 270 U.S. 466 (1926) Missouri Pacific Railroad Company v. Boone No. 203 Argued January 29, 1926 Decided March 22, 1926 270 U.S. 466 CERTIORARI TO THE ST. LOUIS COURT OF APPEALS OF THE STATE OF MISSOURI Syllabus 1. A construction of a statute which makes its constitutionality doubtful is to be avoided if possible. P. 270 U. S. 471 . 2. Section 208(a) of the Transportation Act, 1920, provided (1) that all rates, fares and charges, and all classifications, regulations and practices in any wise changing, affecting, or determining any part or the aggregate of rates, fares or charges, or the value of the service rendered which, on February 29, 1920, were in effect on lines of carriers subject to the Interstate Commerce Act, should continue in force until "thereafter" changed by state or federal authority, or pursuant to authority of law; (2) that, prior to September 1, 19...
Edwards Vs. Chile Copper Co.
Court: US Supreme Court
Decided on: Mar-22-1926
Edwards v. Chile Copper Co. - 270 U.S. 452 (1926) U.S. Supreme Court Edwards v. Chile Copper Co., 270 U.S. 452 (1926) Edwards v. Chile Copper Company No. 375 Argued March 10, 11, 1926 Decided March 22, 1926 270 U.S. 452 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The tax "with respect to carrying on or doing business" imposed on domestic corporations by Revenue Acts of 1916 and 1918 held applicable to a corporation organized for the purpose of holding the stock of a mining corporation, and of issuing and selling bonds secured by pledge of the stock and furnishing the proceeds from time to time to the other to enable it to carry on its work, other activities of the holding company consisting of maintaining an office, voting the shares, electing directors, lending the proceeds of bonds through a trust company on call loans when not needed for advances to the mining company, collecting interest, etc. P. 270 U. S. 455 . 2. Where a single b...
Smith Vs. Mccullough
Court: US Supreme Court
Decided on: Mar-22-1926
Smith v. McCullough - 270 U.S. 456 (1926) U.S. Supreme Court Smith v. McCullough, 270 U.S. 456 (1926) Smith v. McCullough No. 22 Argued October 8, 1925 Decided March 22, 1926 270 U.S. 456 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. Whatever is essential to federal jurisdiction must be alleged in the complaint; otherwise the suit must be dismissed unless the defect in the complaint be cured by amendment. P. 270 U. S. 459 . 2. Where the jurisdiction depended on the existence of a dispute over the construction of federal statutes which was not properly shown in the bill, but which was the principal controversy in several trials in which jurisdiction was assumed to exist by the courts and both parties, and this appeared by the record, held that the defect was amendable, and would be treated as amended in this Court. P. 270 U. S. 459 . Page 270 U. S. 457 3. A judgment of the circuit court of appeal reversing the district court and remandi...
Ashe Vs. Valotta
Court: US Supreme Court
Decided on: Mar-15-1926
Ashe v. Valotta - 270 U.S. 424 (1926) U.S. Supreme Court Ashe v. Valotta, 270 U.S. 424 (1926) Ashe v. Valotta No. 521 Argued March 5, 1926 Decided March 15, 1926 270 U.S. 424 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus Relator, having been indicted in the state court separately for each of two closely connected murders, was given a single trial on both indictments, in which he was deprived of the full number of challenges he would have had if tried separately on each. Conviction on both indictment was sustained by the state supreme court. He was discharged by habeas corpus in the federal district court. Held: 1. The state trial court had jurisdiction even if the joinder was contrary to state law. P. 270 U. S. 425 . 2. The decision of the state supreme court on state law, with respect to the trial and the challenges, was not rexaminable. Id. 3. The joint trial of the two charges, and limitations of the challenges, was...
Barnette Vs. Wells Fargo Nevada Nat'l Bank
Court: US Supreme Court
Decided on: Mar-15-1926
Barnette v. Wells Fargo Nevada Nat'l Bank - 270 U.S. 438 (1926) U.S. Supreme Court Barnette v. Wells Fargo Nevada Nat'l Bank, 270 U.S. 438 (1926) Barnette v. Wells Fargo Nevada National Bank No. 149 Submitted January 15, 1926 Decided March 15, 1926 270 U.S. 438 APPEAL FOR THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A suit to recover land and funds in charge of a receiver of a court of Alaska created by laws of Congress is removable from a state to a federal court under Judicial Code 28 and 33, as amended August 23, 1916. P. 270 U. S. 441 . 2. Where a suit was removable on the face of the bill, and the removal is not challenged, removal may be presumed to have been rightly taken although, due to omission by stipulation of the removal papers from the transcript, the ground on which removal was actually sought and allowed does not affirmatively appear. P. 270 U. S. 440 . 3. Authority from a court to its receiver to appear, defend, and make countercla...
Fidelity and Deposit Co. Vs. Tafoya
Court: US Supreme Court
Decided on: Mar-15-1926
Fidelity & Deposit Co. v. Tafoya - 270 U.S. 426 (1926) U.S. Supreme Court Fidelity & Deposit Co. v. Tafoya, 270 U.S. 426 (1926) Fidelity and Deposit Company of Maryland v. Tafoya No. 88 Argued January 7, 1926 Decided March 15, 1926 270 U.S. 426 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW MEXICO Syllabus 1. Where a bill for an injunction alleges that threatened action by defendant state executive officials, under a state statute as construed by them, will deprive plaintiff of rights under the Fourteenth Amendment, jurisdiction of the district court does not depend on presence of an allegation that the statute itself is unconstitutional, since the amendment binds the state in all its branches. P. 270 U. S. 434 . 2. A state cannot use its power to exclude a foreign corporation from local business as a means of accomplishing that which is forbidden Page 270 U. S. 427 to the state, such a the regulation of conduct in another jurisdiction. P. ...
Alexander Milburn Co. Vs. Davis Bournonville Co.
Court: US Supreme Court
Decided on: Mar-08-1926
Alexander Milburn Co. v. Davis Bournonville Co. - 270 U.S. 390 (1926) U.S. Supreme Court Alexander Milburn Co. v. Davis Bournonville Co., 270 U.S. 390 (1926) Alexander Milburn Co. v. Davis Bournonville Co. No. 107 Argued January 11, 12, 1926 Decided March 8, 1926 270 U.S. 390 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Where a patent application fully and adequately disclosed, but did not claim, the thing patented to a later applicant alleging a later date of invention, the later applicant was not the "first inventor" within Rev.Stats. 4920. P. 270 U. S. 399 . 2. As regards "reduction to practice," a description that would bar a patent if printed in a periodical or in an issued patent is equally effective in an application. P. 270 U. S. 401 . 1 F.2d 227 reversed. Certiorari to a decree of the circuit court of appeals which affirmed a decree of the district court (297 F. 846) enjoining an alleged infringement of plaintiff's patent. ...
Chesapeake and Ohio Ry. Co. Vs. Thompson Mfg. Co.
Court: US Supreme Court
Decided on: Mar-08-1926
Chesapeake & Ohio Ry. Co. v. Thompson Mfg. Co. - 270 U.S. 416 (1926) U.S. Supreme Court Chesapeake & Ohio Ry. Co. v. Thompson Mfg. Co., 270 U.S. 416 (1926) Chesapeake & Ohio Railway Company v. Thompson Manufacturing Company No. 178 Argued January 27, 1926 Decided March 8, 1926 270 U.S. 416 CERTIORARI TO THE SUPREME COURT OF APPEALS OF THE STATE OF WEST VIRGINIA Syllabus 1. The statement that the basis of a carrier's liability for goods lost or damaged in transit is "presumed negligence" is in effect only a statement of substantive law that the carrier is liable unless the loss or damage was due to the act of God or the public enemy, or the nature of the goods. P. 270 U. S. 421 . 2. The second proviso of the "Cummins Amendment" relieves shippers from filing notice of claim, etc., where damage to goods in transit. is due to the carrier's "carelessness or negligence" only when the damage is due to the carrier's negligence in fact. P. 270 U. S. 422 . 3. The burden of pro...
Weaver Vs. Palmer Brothers Co.
Court: US Supreme Court
Decided on: Mar-08-1926
Weaver v. Palmer Brothers Co. - 270 U.S. 402 (1926) U.S. Supreme Court Weaver v. Palmer Brothers Co., 270 U.S. 402 (1926) Weaver v. Palmer Brothers Company No. 510 Argued December 11, 1925 Decided March 8, 1926 270 U.S. 402 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus 1. Legislative determinations are entitled to great weight, but it is always open to interested parties to show that the legislature has transgressed the limits of its power. P. 270 U. S. 410 . 2. Invalidity of a legislative act may be shown by things that may be judicially noticed, or by facts established by evidence, the burden being on the attacking party to establish the invalidating facts. P. 270 U. S. 410 . Page 270 U. S. 403 3. A state law (Pa.Ls.1923, c. 802) forbidding the use, in comfortables, of shoddy, even when sterilized, is so far arbitrary and unreasonable that it violates the due process clause of the Fourteenth Amendment. Pp. 27...
Oregon Washington R. and Nav. Co. Vs. Washington
Court: US Supreme Court
Decided on: Mar-01-1926
Oregon Washington R. & Nav. Co. v. Washington - 270 U.S. 87 (1926) U.S. Supreme Court Oregon Washington R. & Nav. Co. v. Washington, 270 U.S. 87 (1926) Oregon Washington Railroad & Navigation Company v. Washington No. 187 Argued January 28, 1926 Decided March 1, 1926 270 U.S. 87 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus 1. The power of the states to quarantine against importation of farm produce likely to convey injurious insects from infested localities was suspended, insofar as concerns interstate commerce, by the Act of August 20, 1912, as amended March 4, 1917, investing the Secretary of Agriculture with full authority over the subject. P. 270 U. S. 96 . 2. This Act of Congress cannot be construed as leaving the states at liberty to establish such quarantines in the absence of action by the Secretary of Agriculture. P. 270 U. S. 102 . 3. A quarantine proclaimed by the Washington under Ls.1921, c. 105, against importation of alfalfa hay and al...
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