Us Supreme Court Court April 1927 Judgments
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Duignan Vs. United States
Court: US Supreme Court
Decided on: Apr-25-1927
Duignan v. United States - 274 U.S. 195 (1927) U.S. Supreme Court Duignan v. United States, 274 U.S. 195 (1927) Duignan v. United States No. 101 Argued February 21, 1927 Decided April 25, 1927 274 U.S. 195 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Case held properly reviewable by appeal under Jud.Code 241, before amendment, and certiorari denied. P. 274 U. S. 197 . 2. In a suit by the United States against a lessor and a lessee to abate a liquor nuisance under 22 of Title II of the Prohibition Act, issues raised by a cross-bill of the lessor asserting his federal right under 23 to a forfeiture of the lease as against the lessee are within the jurisdiction of the district court regardless of the citizenship of the parties. P. 274 U. S. 197 . 3. A suit by the United States to abate a liquor nuisance under 22 of Title II of the Prohibition Act is a suit in equity, and triable without a jury. P. 274 U. S. 197 . Page 274 U. S. 196 ...
Road Improvement Dist. No. 1 Vs. Missouri Pac. R. Co.
Court: US Supreme Court
Decided on: Apr-18-1927
Road Improvement Dist. No. 1 v. Missouri Pac. R. Co. - 274 U.S. 188 (1927) U.S. Supreme Court Road Improvement Dist. No. 1 v. Missouri Pac. R. Co., 274 U.S. 188 (1927) Road Improvement District No. 1 of Franklin County, Arkansas v. Missouri Pacific Railroad Company No. 38 Argued April 19, 1926 Decided April 18, 1927 274 U.S. 188 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A legislative confirmation of a special assessment cures irregularities, but not constitutional infirmities. P. 274 U. S. 191 . 2. Concurrent findings of two courts below of facts showing a road improvement assessment to be arbitrary and unreasonably discriminatory should be accepted by this Court unless clearly erroneous. P. 274 U. S. 191 . 3. An assessment against a railroad based on real property and also its rolling stock and other personal property is unreasonably discriminatory when other assessments for the same improvement are based on real property alone. P. ...
Morris Vs. Duby
Court: US Supreme Court
Decided on: Apr-18-1927
Morris v. Duby - 274 U.S. 135 (1927) U.S. Supreme Court Morris v. Duby, 274 U.S. 135 (1927) Morris v. Duby No. 372. Argued October 29, 1926 * Decided April 18, 1927 274 U.S. 135 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. Syllabus 1. The power of the states to make reasonable regulations to protect highways from damage by vehicles is not affected by the Acts of Congress providing for national and state cooperation in the construction of rural post roads. P. 274 U. S. 143 . Page 274 U. S. 136 2. A state order limiting the maximum weight of motor trucks and loads on highways in the state is valid if reasonable and nondiscriminatory, and is applicable to vehicles moving in interstate commerce in the absence of legislation by Congress. P. 274 U. S. 143 . 3. The fact that a truck company, in interstate commerce, may not make a profit if loads are limited as prescribed by a state highway regulation does not prove the regulation unreasona...
Timken Roller Bearing Co. Vs. Pennsylvania R. Co.
Court: US Supreme Court
Decided on: Apr-18-1927
Timken Roller Bearing Co. v. Pennsylvania R. Co. - 274 U.S. 181 (1927) U.S. Supreme Court Timken Roller Bearing Co. v. Pennsylvania R. Co., 274 U.S. 181 (1927) Timken Roller Bearing Company v. Pennsylvania Railroad Company Nos. 168, 178 Argued February 25, 1927 Decided April 18, 1927 274 U.S. 181 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus 1. An action against a railroad for the value of switching service performed by a shipper who did so at the railroad's request during a railroad strike and also paid the railroad tariff charges covering the same service is within the jurisdiction of the district court Page 274 U. S. 182 where diversity of citizenship and jurisdictional amount are present, and the question whether an administrative decision by the Interstate Commerce Commission is prerequisite to the plaintiff's cause of action, is a question of the merits. P 274 U. S. 185 . 2. Under Jud.Code 238, a judgment of the dist...
Ftc Vs. Claire Furnace Co.
Court: US Supreme Court
Decided on: Apr-18-1927
FTC v. Claire Furnace Co. - 274 U.S. 160 (1927) U.S. Supreme Court FTC v. Claire Furnace Co., 274 U.S. 160 (1927) Federal Trade Commission v. Claire Furnace Company No. 1 Argued December 6, 1923 Reargued November 24, 1925 Decided April 18, 1927 274 U.S. 160 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. An order of the Federal Trade Commission requiring a corporation to submit report concerning its business, under 6 of the Federal Trade Commission Act is enforceable by the Commission only by requesting the Attorney General to institute mandamus proceedings under 9, or by supplying him with the facts necessary to enforce the forfeiture of $100 per day prescribed by 10 for continued failure to file such reports after notice. P. 274 U. S. 170 . 2. As the validity of such orders may be fully contested in such mandamus or forfeiture proceedings, if instituted in the exercise of his discretion by the Attorney General, these offer an adequate legal...
Ftc Vs. Klesner
Court: US Supreme Court
Decided on: Apr-18-1927
FTC v. Klesner - 274 U.S. 145 (1927) U.S. Supreme Court FTC v. Klesner, 274 U.S. 145 (1927) Federal Trade Commission v. Klesner No. 211 Argued March 10, 1927 Decided April 18, 1927 274 U.S. 145 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus The provision of the Federal Trade Commission Act, 5, conferring jurisdiction on the circuit courts of appeals to enforce, set aside, or modify orders of the Commission, should be construed as conferring like jurisdiction upon the Court of Appeals of the District of Columbia respecting orders to be enforced in that District. P. 274 U. S. 154 . So held in view of the parallelism between the Supreme Court of the District and the Court of Appeals, as federal courts, on the one hand, and the district courts and circuit courts of appeals on the other; the fact that the jurisdiction to assist the Commission in compelling evidence which the Act confers on the District Page 274 U. S. 146 Courts conferred also on ...
Kadow Vs. Paul
Court: US Supreme Court
Decided on: Apr-18-1927
Kadow v. Paul - 274 U.S. 175 (1927) U.S. Supreme Court Kadow v. Paul, 274 U.S. 175 (1927) Kadow v. Paul No. 241 Argued March 16, 1927 Decided April 18, 1927 274 U.S. 175 ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON Syllabus 1. Section 4439-6 of the Laws of Washington, 1923, which provides a supplemental assessment on the lands within drainage districts to make up any deficiency resulting from the elimination or avoidance of any original assessment, does not intend that the assessment Page 274 U. S. 176 of any landowner may thus be increased beyond the benefits derived by him from the improvement. P. 274 U. S. 180 . 2. Where part of the land in a special improvement district fails to pay its assessment and is appropriated and sold, any deficit thus arising may constitutionally be met by additional assessments on the lands of the district, provided the law operates uniformly as against all parts of it and the assessments of the respective landowners are not to e...
Ohio Public Service Co. Vs. Ohio Ex Rel. Fritz
Court: US Supreme Court
Decided on: Apr-11-1927
Ohio Public Service Co. v. Ohio ex Rel. Fritz - 274 U.S. 12 (1927) U.S. Supreme Court Ohio Public Service Co. v. Ohio ex Rel. Fritz, 274 U.S. 12 (1927) Ohio Public Service Company v. Ohio ex Rel. Fritz Nos. 210, 264 Argued March 10, 1927 Decided April 11, 1927 274 U.S. 12 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus 1. Of two writs of error to a state court, the one sued out pending motion for rehearing and the other after rehearing denied, the second may be relied on and the other dismissed. P. 274 U. S. 12 . 2. An ordinance of an Ohio village, in 1892, authorizing persons named to use the streets, etc., for the purpose of erecting, maintaining, and operating electric light wire mains and apparatus complete for the distribution of electricity for light, heat, and power granted an assignable franchise for an unlimited time and not subject to termination at the mere will of the grantor. P. 274 U. S. 13 . 3. Subsequent legislation of the state destroying the...
Kelley Vs. Oregon
Court: US Supreme Court
Decided on: Apr-11-1927
Kelley v. Oregon - 273 U.S. 589 (1927) U.S. Supreme Court Kelley v. Oregon, 273 U.S. 589 (1927) Kelley v. Oregon No. 827 Argued March 9, 1927 Decided April 11, 1927 273 U.S. 589 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus 1. Contention that a defendant, tried for murder, was deprived of rights under the federal Constitution (due process of law) by a charge of the state court concerning self-defense and by being kept in custody in and out of the court room during the trial are frivolous. P. 273 U. S. 590 . 2. The proposition that, under the Fourteenth Amendment, one who has committed a murder while serving a term of imprisonment in a state penitentiary has a vested right to serve out his term before he can be executed for the murder is likewise frivolous. P. 273 U. S. 591 . Writ of error to 118 Ore. 397 dismissed. Error to a judgment of the Supreme Court of Oregon sustaining a death sentence for murder. In one aspect of the case, the writ of error is tr...
Mcdonald Vs. Maxwell
Court: US Supreme Court
Decided on: Apr-11-1927
McDonald v. Maxwell - 274 U.S. 91 (1927) U.S. Supreme Court McDonald v. Maxwell, 274 U.S. 91 (1927) McDonald v. Maxwell No. 147 Argued January 20, 1927 Decided April 11, 1927 274 U.S. 91 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. A decision of the Supreme Court of the District of Columbia, in Probate, allowing a commission to executors in the approval of their yearly account, is reviewable by appeal without bill of exceptions where an issue of law only was involved, raised by exceptions of the beneficiaries to the account. P. 274 U. S. 95 . Page 274 U. S. 92 2. Stock dividends on corporate shares in a decedent's estate in process of administration do not in themselves represent an increase of value upon which the executor is entitled to have a commission. Gibbons v. Mahon, 136 U. S. 549 . P. 274 U. S. 96 . 3. Judgment entered nunc pro tunc, as of the day on which the cause was argued and submitted, in view of the death of one of t...
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