Us Supreme Court Court June 1926 Judgments
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Goltra Vs. Weeks
Court: US Supreme Court
Decided on: Jun-07-1926
Goltra v. Weeks - 271 U.S. 536 (1926) U.S. Supreme Court Goltra v. Weeks, 271 U.S. 536 (1926) Goltra v. Weeks No. 718 Argued April 27, 28, 1926 Decided June 7, 1926 271 U.S. 536 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A suit by one who had obtained lawful possession of a fleet of boats belonging to the United States, under a lease or charter for a term of years executed by the Chief of Engineers by direction of the Secretary of War, to enjoin the latter official and an army officer from wrongfully and forcibly taking possession of the boats in pursuance of an alleged conspiracy between them, and to require the defendants to restore some of the boats already so taken, is not a suit against the United States, and the United States is not a necessary party. Philadelphia Co. v. Stimson, 223 U. S. 605 , followed. Wells v. Roper, 246 U. S. 335 , distinguished. P. 271 U. S. 544 . 2. A stipulation in a lease authorizing the lessor to t...
Hammer Vs. United States
Court: US Supreme Court
Decided on: Jun-07-1926
Hammer v. United States - 271 U.S. 620 (1926) U.S. Supreme Court Hammer v. United States, 271 U.S. 620 (1926) Hammer v. United States No. 317 Argued May 5, 1926 Decided June 7, 1926 271 U.S. 620 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. False testimony before a referee in bankruptcy may constitute the offense of perjury under 125 of the Criminal Code, and also that of knowingly making a false oath in a bankruptcy proceeding. Bankruptcy Act, 29b. P. 271 U. S. 625 . 2. When the facts alleged as perjury in an indictment for subornation include all the elements of perjury as well as false swearing in bankruptcy, it is a charge of subornation of perjury. Id. 3. On a trial for subornation of perjury, the falsity of the testimony charged as perjury cannot be proved by the unsupported testimony of the alleged subornee. P. 271 U. S. 626 . 6 F.2d 786 reversed. Certiorari to a judgment of the circuit court of appeals affirming a sentence ...
Berizzi Brothers Co. Vs. Steamship Pesaro
Court: US Supreme Court
Decided on: Jun-07-1926
Berizzi Brothers Co. v. Steamship Pesaro - 271 U.S. 562 (1926) U.S. Supreme Court Berizzi Brothers Co. v. Steamship Pesaro, 271 U.S. 562 (1926) Berizzi Brothers Co. v. Steamship Pesaro No. 334 Argued May 7, 1926 Decided June 7, 1926 271 U.S. 562 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A ship owned and possessed by a friendly foreign government, and operated by it in the carriage of merchandise for hire, in the interest and service of the nation, is a public ship, and is immune from arrest under process based on a libel in rem by a private suitor, and the district court has no jurisdiction of the case under Jud.Code, 24, cl. 3, granting that court jurisdiction of "all civil causes of admiralty and maritime jurisdiction." P. 271 U. S. 570 . Affirmed. Appeal from a decree of the district court in admiralty dismissing a libel in rem against a ship owned, possessed, and operated for trade purposes by the Italian govern...
Alejandrino Vs. Quezon
Court: US Supreme Court
Decided on: Jun-07-1926
Alejandrino v. Quezon - 271 U.S. 528 (1926) U.S. Supreme Court Alejandrino v. Quezon, 271 U.S. 528 (1926) Alejandrino v. Quezon No. 309 Submitted May 4, 1926 Decided June 7, 1926 271 U.S. 528 CERTIORARI TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus 1. The Jurisdictional Act of September 6, 1916, repealed the provision of the Philippine Autonomy Act giving this Court jurisdiction to review by writ of error the final judgments of the Supreme Court of the Philippine Islands in cases involving the Constitution, or any statute, treaty, title, or privilege of the United States or where the value in controversy exceeds $25,000, and substituted a review of such judgments by certiorari. P. 271 U. S. 529 . 2. The questions whether a member of the Philippine Senate appointed by the Governor General under the Autonomy Act could be suspended by the elected members, and whether, if their action were invalid, the Supreme Court of the Islands, in this suit against Page 271 U....
Panama R. Co. Vs. Vasquez
Court: US Supreme Court
Decided on: Jun-07-1926
Panama R. Co. v. Vasquez - 271 U.S. 557 (1926) U.S. Supreme Court Panama R. Co. v. Vasquez, 271 U.S. 557 (1926) Panama R. Co. v. Vasquez No. 260 Argued January 13, 1926 Decided June 7, 1926 271 U.S. 557 CERTIORARI TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus 1. The clause in Jud.Code, 24, 256 relating to causes arising under the maritime law and " saving to suitors in all cases the right to a common law remedy where the common law is competent to give it" is not limited to rights recognized by the maritime law as existing in 1789 when the clause was first adopted, but includes rights brought into that law by subsequent legislation, if of a kind to be readily enforced in actions in personam in the course of the common law. P. 271 U. S. 560 . 2. State courts have jurisdiction concurrently with federal courts in actions brought by seamen under 20 of the Seamen's Act, as amended by the Merchant Marine Act of 1920, to recover damages for personal injuries. P. 2...
Jaybird Mining Co Vs. Weir
Court: US Supreme Court
Decided on: Jun-07-1926
Jaybird Mining Co v. Weir - 271 U.S. 609 (1926) U.S. Supreme Court Jaybird Mining Co v. Weir, 271 U.S. 609 (1926) Jaybird Mining Co v. Weir No. 293 Argued April 29, 1926 Decided June 7, 1926 271 U.S. 609 ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA Syllabus 1. Where mining land owned by incompetent Quapaw Indians under a patent subject to a restriction against alienation was leased on their behalf with the approval of the Secretary of the Interior, under the Act of June 7, 1897, to a mining company in consideration of a royalty or percentage of the gross proceeds to be derived from sale of ores mined, a state ad valorem tax assessed to the lessee on ores mined and in the bins on the land, before sale and when the royalties or equitable interests of the Indians had not been paid or segregated, is void as an attempt to tax an agency of the federal government. P. 271 U. S. 612 . 2. Judgment of state court held reviewable by writ of error, and certiorari denied. P...
Morse Drydock and Repair Co. Vs. Steamship Northern Star
Court: US Supreme Court
Decided on: Jun-07-1926
Morse Drydock & Repair Co. v. Steamship Northern Star - 271 U.S. 552 (1926) U.S. Supreme Court Morse Drydock & Repair Co. v. Steamship Northern Star, 271 U.S. 552 (1926) Morse Drydock & Repair Company v. Steamship Northern Star No. 326 Argued May 6, 7, 1926 Decided June 7, 1926 271 U.S. 552 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Subsection R of 30 of the Ship Mortgage Act of June 5, 1920, providing that nothing therein shall be construed to confer a lien for repairs when the furnisher, by exercise of reasonable diligence, could have ascertained that, because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs was without authority to bind the vessel therefor, does not attempt to forbid a lien for repairs simply because the owner has stipulated with a mortgagee not to give any paramount security on the ship; the most that such a stipulation can do is to postpone th...
Scott Vs. Paisley
Court: US Supreme Court
Decided on: Jun-07-1926
Scott v. Paisley - 271 U.S. 632 (1926) U.S. Supreme Court Scott v. Paisley, 271 U.S. 632 (1926) Scott v. Paisley No. 253 Argued April 19, 20, 1926 Decided June 7, 1926 271 U.S. 632 ERROR TO THE SUPREME COURT OF THE STATE OF GEORGIA Syllabus 1. Under 6037 of the Georgia Code, 1910, the holder of a debt and of the legal title of land conveyed to him as security by the debtor, may, upon default in payment, reduce the debt to judgment, place of record a quitclaim reinvesting the debtor with the legal title to the land, and thereupon have the land levied on and sold in satisfaction of the judgment, free from the claims of persons who purchased the land from the debtor subject to the security deed. P. 271 U. S. 634 . 2. Held, that there is no principle entitling such purchasers to notice of the exercise of this statutory power by the creditor, and that, in failing to provide such notice, the statute does not deprive them of property without due process of law or deny them t...
Frost and Frost Trucking Co. Vs. Railroad Comm'n
Court: US Supreme Court
Decided on: Jun-07-1926
Frost & Frost Trucking Co. v. Railroad Comm'n - 271 U.S. 583 (1926) U.S. Supreme Court Frost & Frost Trucking Co. v. Railroad Comm'n, 271 U.S. 583 (1926) Frost & Frost Trucking Co. v. Railroad Commission of California No. 828 Argued April 21, 22, 1926 Decided June 7, 1926 271 U.S. 583 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus 1. Assuming that the use of its highways by private carriers for hire is a privilege which the state may deny, it cannot constitutionally affix to that privilege the unconstitutional condition precedent that the carrier shall assume against his will the burdens and duties of a common carrier. P. 271 U. S. 592 . 2. Under the Auto Stage and Truck Transportation Act of California, as amended in 1919, and as construed and applied by the state supreme court in this case, private carriers by automobile for hire cannot operate over the state highways between fixed termini without having first secured from the Railroad Commission a cer...
Lake Superior Consolidated Iron Mines Vs. Lord
Court: US Supreme Court
Decided on: Jun-07-1926
Lake Superior Consolidated Iron Mines v. Lord - 271 U.S. 577 (1926) U.S. Supreme Court Lake Superior Consolidated Iron Mines v. Lord, 271 U.S. 577 (1926) Lake Superior Consolidated Iron Mines v. Lord Nos. 336, 355, 388, 389, 390, 391, and 471 Argued December 8, 9, 1925 Decided June 7, 1926 271 U.S. 577 APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Syllabus 1. The obligation of an outstanding contract is not impaired, contrary to Const. Art. I, 10, by a later state statute taxing the proceeds of the contract. P. 271 U. S. 581 . 2. Minnesota Laws of 1923, c. 226, directing levy and collection of a tax of 6 percent on royalties received for permission to explore, mine, take out, and remove ore from land in the state, may be reasonably interpreted as laying a tax upon interests in mineral lands from which permission has been given to extract ores upon payment of royalty, the amount of the exaction being determined by reference to the sum actual...
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