Court : US Supreme Court
Union Insulating & Construction Co. v. United States - 271 U.S. 121 (1926) U.S. Supreme Court Union Insulating & Construction Co. v. United States, 271 U.S. 121 (1926) Union Insulating & Construction Company v. United States No. 263 Submitted April 21, 1926 Decided April 26, 1926 271 U.S. 121 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. Stipulations by the United States, in a construction contract, to furnish a right of way for ingress and egress to and from the places where materials to be furnished by the United States were stored and the place of their use in the work construed, in relation to other facts, as allowing the contractor to use a right of way on which was a railroad, but not as obliging the government to put the railroad in repair. P. 271 U. S. 122 . 2. Damages will not be awarded for a slight delay in starting work under a contract, not satisfactorily shown to have been caused wholly by the government, where the contractor made no protest at the time and ...
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New York Central R. Co. v. New York & Pa. Co. - 271 U.S. 124 (1926) U.S. Supreme Court New York Central R. Co. v. New York & Pa. Co., 271 U.S. 124 (1926) New York Central Railroad Company v. New York & Pennsylvania Company No. 230 Argued April 13, 14, 1926 Decided April 26, 1926 271 U.S. 124 CERTIORARI TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA Syllabus 1. The provision of the Transportation Act, 1920, 208a, forbidding reductions of rates during six months following termination of federal control unless approved by the Interstate Commerce Commission was applicable to intrastate rates, was valid as so applied, and included indirect reductions through reparation orders attempted by state authority. P. 271 U. S. 125 . 2. Whether a federal right was lost by failure to comply with state procedure is open to reexamination by this Court on review of a state court's judgment. P. 271 U. S. 126 . 3. The state court sustained on appeal an order of a Commission granting ...
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Patterson v. Mobile Gas Co. - 271 U.S. 131 (1926) U.S. Supreme Court Patterson v. Mobile Gas Co., 271 U.S. 131 (1926) Patterson v. Mobile Gas Company No. 226 Argued March 19, 1926 Decided April 26, 1926 271 U.S. 131 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA Syllabus 1. Failure to make up a record in accordance with the rule is cause for dismissing an appeal. P. 271 U. S. 132 . Page 271 U. S. 132 2. Decree affirmed insofar as it enjoined enforcement of an order establishing confiscatory gas rates, but reversed insofar as it undertook to adjudge a basic valuation of the company's property, as of a specified date, conclusive on the state for future ratemaking purposes, and insofar as it undertook to specify the percent of net profit, the depreciation, and other allowances to which the company should be entitled, including amortization of expenses of the suit and of losses resulting from the enjoined rates, and to restrain further exa...
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Venner v. Michigan Central R. Co. - 271 U.S. 127 (1926) U.S. Supreme Court Venner v. Michigan Central R. Co., 271 U.S. 127 (1926) Venner v. Michigan Central Railroad Company No. 190 Argued January 28, 1926 Decided April 26, 1926 271 U.S. 127 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO Syllabus 1. A suit against a railroad by a minority stockholder to enjoin the company from carrying out an agreement for obtaining additional equipment and issuing certificates therefor as permitted by an order of the Interstate Commerce Commission which the plaintiff assails Page 271 U. S. 128 as invalid is essentially a suit to set aside the order, of which a state court has no jurisdiction. P. 271 U. S. 128 . 2. Suit to set aside orders, mandatory or permissive, of the Interstate Commerce Commission can be brought only against the United States, and only in the federal courts. P. 271 U. S. 130 . Affirmed. Appeal from a decree of the district court...
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Sun Ship Building Co. v. United States - 271 U.S. 96 (1926) U.S. Supreme Court Sun Ship Building Co. v. United States, 271 U.S. 96 (1926) Sun Ship Building Co. v. United States Nos. 237, 240, 241 Argued April 15, 16, 1926 Decided April 19, 1926 271 U.S. 96 APPEALS FROM THE COURT OF CLAIMS Syllabus Judgments of the Court of Claims rejecting claims because settled by .agreement or manifestly not justified under the contracts involved, held clearly correct. 59 Ct.Cls. 156, 757; 60 Ct.Cls. 68, affirmed. Page 271 U. S. 97 MR. CHIEF JUSTICE TAFT delivered the opinion of the Court. These are three appeals from the Court of Claims, which it is convenient to dispose of together. No. 237 The Sun Shipbuilding Company sought compensation on account of several items, chiefly one for loss sustained by it in obeying the request of certain naval officers and the Secretary of the Navy to hold free from other use a shipway which they thought would probably be needed for the constructi...
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Great Northern Ry. Co. v. Galbreath Cattle Co. - 271 U.S. 99 (1926) U.S. Supreme Court Great Northern Ry. Co. v. Galbreath Cattle Co., 271 U.S. 99 (1926) Great Northern Railway Company v. Galbreath Cattle Company No. 138 Argued January 15, 1926 Decided April 19, 1926 271 U.S. 99 CERTIORARI TO THE SUPREME COURT OF THE STATE OF MONTANA Syllabus 1. Where a petition for removal is based on diverse citizenship and also on the ground that the suit arises under federal law, the case is removable if either ground be well taken. P. 271 U. S. 101 . 2. Where the removal papers are well grounded, it is error for the state court to deny the petition and proceed further with the case. Id. 3. An action against a railroad by one who was owner, consignor, and consignee of cattle shipped in, partly by another railroad, from another state on a through bill of lading governed by the Carmack Amendment, for damage resulting from defendant's failure to unload them, while in transit, for rest...
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Boyd v. United States - 271 U.S. 104 (1926) U.S. Supreme Court Boyd v. United States, 271 U.S. 104 (1926) Boyd v. United States No. 365 Argued December 1, 1925 Decided April 19, 1926 271 U.S. 104 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. The mere fact that the quantity of morphine dispensed by a registered physician by a prescription to a morphine addict without a written order exceeds what would be required by the patient for a single dose does not constitute a violation of the Anti-Narcotic Act. Linder v. United States, 268 U. S. 5 . P. 271 U. S. 106 . 2. An ambiguous statement in a charge in a criminal case which, interpreted one way, would be erroneous, but which, considered with the charge as a whole, probably was understood by the jury in a harmless sense, is not a ground for reversal where the defendant did not object and seek a correction in the trial court. P. 271 U. S. 107 . 4 F.2d 1014 affirmed. Certiorari to a judgmen...
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New York Life Ins. Co. v. Edwards - 271 U.S. 109 (1926) U.S. Supreme Court New York Life Ins. Co. v. Edwards, 271 U.S. 109 (1926) New York Life Insurance Company v. Edwards Nos. 712, 804 Argued March 2, 3, 1926 Decided April 19, 1926 271 U.S. 109 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The proviso of the Revenue Act of 1913, II G(b), "[t]hat . . . life insurance companies shall not include as income in any year such portion of any actual premium received from any individual policyholder as shall have been paid back or credited to such individual policyholder, or treated as an abatement of premium of such individual policyholder, within such year . . ." does not apply to overpayments by deferred-dividend policyholders of a mutual level premium company which, though formally credited to the respective policyholders, are held in the aggregate for apportionment and distribution to the survivors in good standing at the end of a prescribed...
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Central Union Trust Co. v. Anderson County - 268 U.S. 93 (1926) U.S. Supreme Court Central Union Trust Co. v. Anderson County, 268 U.S. 93 (1925) Central Union Trust Co. v. Anderson County No. 178 Argued January 16, 1925 Decided April 13, 1926 268 U.S. 93 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF TEXAS Syllabus 1. An ancillary suit may be maintained by the plaintiff in the principal suit against strangers to the record to determine a controversy related to property in the custody of the court and which, in justice to the parties before the court, ought to be determined in the principal suit. P. 268 U. S. 96 . 2. A bill brought by a trustee for railway bond holders against the railway, a county, a city, state officials and citizens to enjoin further assertion of claims that the general offices, shops, and roundhouses of the railway must be kept at the city held within the jurisdiction of the district court as ancillary to and depen...
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Childers v. Beaver - 270 U.S. 555 (1926) U.S. Supreme Court Childers v. Beaver, 270 U.S. 555 (1926) Childers v. Beaver No. 202 Argued March 9, 1926 Decided April 12, 1926 270 U.S. 555 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Syllabus 1. Transfer by descent from one tribal Indian to another of land allotted and patented by the United States to the ancestor with a prohibition against alienation is not taxable by the state where the land lies during the restriction on the title. P. 270 U. S. 558 . 2. Inheritance in such cases is under the acts of Congress, by which heirs are determined by the Secretary of the Interior, the state law being adopted as the expression of the will of Congress. P. 270 U. S. 559 . 300 F. 113 affirmed. Page 270 U. S. 556 Appeal from a decree of the district court restraining the appellant, Auditor of the Oklahoma, from attempting to collect state inheritance taxes by recourse to appellees' lands. Page ...
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