Us Supreme Court Court February 1928 Judgments
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Finance and Guaranty Co. Vs. Oppenhimer
Court: US Supreme Court
Decided on: Feb-23-1928
Finance & Guaranty Co. v. Oppenhimer - 276 U.S. 10 (1928) U.S. Supreme Court Finance & Guaranty Co. v. Oppenhimer, 276 U.S. 10 (1928) Finance & Guaranty Co. v. Oppenhimer No 170 Argued January 13, 1928 Decided February 23, 1928 276 U.S. 10 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. Section 5224 of the Code of Virginia, providing that all property used in his business by a person trading in his own name shall, as to his creditors, be liable for his debts, means lien creditors. P. 276 U. S. 11 . 2. Where property sold on condition reserving title in the vendor is retaken by him in accordance with the state law within four months preceding the filing of a petition in bankruptcy against the vendee, the vendee's trustee in bankruptcy acquires no lien upon it, and the retaking cannot be set aside as an unlawful preference under the Bankruptcy Act. P. 276 U. S. 12 . Page 276 U. S. 11 MR. JUSTICE HOLMES delivered the opinion of the Court. ...
Linstead Vs. Chesapeake and Ohio Ry. Co.
Court: US Supreme Court
Decided on: Feb-20-1928
Linstead v. Chesapeake & Ohio Ry. Co. - 276 U.S. 28 (1928) U.S. Supreme Court Linstead v. Chesapeake & Ohio Ry. Co., 276 U.S. 28 (1928) Linstead v. Chesapeake & Ohio Railway Company No. 171 Submitted January 11, 1928 Decided February 20, 1928 276 U.S. 28 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Train crews of the Big Four Railroad, operating under a reciprocal arrangement for freight exchange between it and the C. & O. Railroad, ran Big Four locomotives and cabooses from the common terminal over a twelve-mile stretch of C. & O. track, on which were several stations, to a point on the C. & O. where they picked up trains of freight cars destined for the Big Four and returned with them to its line. Though the men were paid by the Big Four and subject to discharge or suspension only by it, the traffic was C. & O. traffic, paid for under its tariffs, and the work was done under the rules of that railroad and under the immediate supervision of its...
Richardson Machinery Co. Vs. Scott
Court: US Supreme Court
Decided on: Feb-20-1928
Richardson Machinery Co. v. Scott - 276 U.S. 128 (1928) U.S. Supreme Court Richardson Machinery Co. v. Scott, 276 U.S. 128 (1928) Richardson Machinery Co. v. Scott No.198 Submitted January 17, 1928 Decided February 20, 1928 276 U.S. 128 CERTIORARI TO THE SUPREME COURT OF OKLAHOMA Syllabus 1. By the law of Oklahoma, where a person against whom a default judgment is rendered files a petition to vacate the judgment upon the ground that the court had no jurisdiction of the defendant, and the petition is based also on nonjurisdictional grounds, such as that the judgment was obtained by fraud or that the party was prevented from defending by unavoidable casualty or misfortune, the filing of the petition operates as a voluntary general appearance, with the same effect as if such appearance had been made at the trial. P. 276 U. S. 133 . 2. A judgment based on this ground is not reviewable by this Court, although, in rendering it, the state court also overruled the petitioner's co...
Longest Vs. Langford
Court: US Supreme Court
Decided on: Feb-20-1928
Longest v. Langford - 276 U.S. 69 (1928) U.S. Supreme Court Longest v. Langford, 276 U.S. 69 (1928) Longest v. Langford No. 52 Submitted October 19, 1927 Decided February 20, 1928 276 U.S. 69 CERTIORARI TO THE SUPREME COURT OF OKLAHOMA Syllabus Under 22 of the Choctaw and Chickasaw Agreement of July 1, 1902, land allotted in the name of a married Choctaw woman who died after the ratification of the Agreement and before receiving her allotment, pass to those who are her heir according to c. 49 of Manfield's Digest, free from any claim of curtesy. See Marl v. Lewallen, ante, p. 276 U. S. 58 . P. 276 U. S. 71 . 114 Okla. 50 reversed. Certiorari, 274 U. S. 499 , to a judgment of the Supreme Court of Oklahoma sustaining a claim to an estate of curtesy in lands allotted and patented in the name and right of a Choctaw woman after her decease. MR. JUSTICE VAN DEVANTER delivered the opinion of the Court. A claim to an estate by the curtesy in lands allotted and patented ...
Delaware, L. and W. R. Co. Vs. Town of Morristown
Court: US Supreme Court
Decided on: Feb-20-1928
Delaware, L. & W. R. Co. v. Town of Morristown - 276 U.S. 182 (1928) U.S. Supreme Court Delaware, L. & W. R. Co. v. Town of Morristown, 276 U.S. 182 (1928) Delaware, Lackawanna and Western Railroad Company v. Town of Morristown No. 147 Argued January 6, 9, 1928 Decided February 20, 1928 276 U.S. 182 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The railroad company constructed a driveway over its station grounds to connect with the streets of the town. The railroad and the town agreed that the driveway should be kept open and that the town should exercise upon the station grounds, etc., all necessary police powers for the regulation of traffic and for the enforcement of the railroad's rules and regulations. The railroad granted a Page 276 U. S. 183 cabman exclusive right to solicit passengers and baggage in the station grounds and to park his vehicles in the driveway. The town (claiming the right so to do under the contract) declared the space...
Bountiful Brick Co. Vs. Giles
Court: US Supreme Court
Decided on: Feb-20-1928
Bountiful Brick Co. v. Giles - 276 U.S. 154 (1928) U.S. Supreme Court Bountiful Brick Co. v. Giles, 276 U.S. 154 (1928) Bountiful Brick Company v. Giles No.193 Argued January 18, 1928 Decided February 20, 1928 276 U.S. 154 ERROR TO THE SUPREME COURT OF UTAH Syllabus 1. Liability may constitutionally be imposed under a workmen's compensation law where there was a causal connection between the injury suffered by an employee and the employment in which he was engaged at the time, substantially contributing to the injury. P. 276 U. S. 158 . 2. If the employee be injured while passing, with the express or implied consent of the employer, to or from his work over the premise of another in such proximity and relation to the premises of the employer as to be in practical effect a part of them, the injury is one arising out of and in the course of the employment as much as though it had happened while the employee was engaged in his work at the place of its performance. P. 276 U....
Saltonstall Vs. Saltonstall
Court: US Supreme Court
Decided on: Feb-20-1928
Saltonstall v. Saltonstall - 276 U.S. 260 (1928) U.S. Supreme Court Saltonstall v. Saltonstall, 276 U.S. 260 (1928) Saltonstall v. Saltonstall No. 144 Argued January 5, 6, 1928 Decided February 20, 1928 276 U.S. 260 ERROR TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus 1. A decision of a state court applying a state statute over the ambiguous objection that it is "unconstitutional" is reviewable here insofar as that court interpreted the objection as based on the federal Constitution, and, in its opinion, sustained the statute under that instrument. P. 276 U. S. 267 . 2. By Massachusetts Acts of 1909, c. 527, 8, a transfer of property passing to anyone through the failure of any person to exercise a power of appointment is made taxable under an Act of 1907 which, as amended, 1916, taxes property passing by gift made or intended to take effect in possession or enjoyment after the death of the donor. A trust, established before the dates of these acts, when intere...
Commercial Credit Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-20-1928
Commercial Credit Co. v. United States - 276 U.S. 226 (1928) U.S. Supreme Court Commercial Credit Co. v. United States, 276 U.S. 226 (1928) Commercial Credit Company v. United States No. 258 Argued November 21, 22, 1927 Decided February 20, 1928 276 U.S. 226 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Upon review by certiorari, no questions will be considered except those on which the petition for the writ was based. P. 276 U. S. 229 . 2. Where a person discovered in the act of unlawfully transporting intoxicating liquor in a vehicle is proceeded against as prescribed by 26 of the Prohibition Act, and convicted of the unlawful possession incident to the transportation, the vehicle must be disposed of under that section also, which provides protection for the interests of innocent owners or lienors, and not under Rev.Stats. 3450, which does not provide such protection. P. 276 U. S. 232 . 17 F.2d 902 reversed. Certiorari, 275 U.S. 511...
Wuchter Vs. Pizzutti
Court: US Supreme Court
Decided on: Feb-20-1928
Wuchter v. Pizzutti - 276 U.S. 13 (1928) U.S. Supreme Court Wuchter v. Pizzutti, 276 U.S. 13 (1928) Wuchter v. Pizzutti, 276 U.S. 13 No. 142 Argued January 5, 1928 Decided February 20, 1928 276 U.S. 13 ERROR TO THE COURT OF ERRORS AND APPEAL OF NEW JERSEY Syllabus 1. A state statute which provides that, in actions by residents of the state against nonresidents for personal injuries resulting from the operation by the latter of their motor vehicles on the state highway, service of summons may be made on the Secretary of state, as their agent, and which contains no further provision making it reasonably probable that notice of such service will be communicated to the defendants, is lacking in due process of law. Pub.Ls. N.J. 1924, c. 232, 1. P. 276 U. S. 18 . 2. Such actions cannot be sustained by serving notice outside of the state not required by the statute. P. 276 U. S. 24 . 103 N.J.L. 130 reversed. Error to a judgment of the Court of Errors and Appeals of the Sta...
MarlIn Vs. Lewallen
Court: US Supreme Court
Decided on: Feb-20-1928
Marlin v. Lewallen - 276 U.S. 58 (1928) U.S. Supreme Court Marlin v. Lewallen, 276 U.S. 58 (1928) Marlin v. Lewallen No. 40 Argued October 18, 1927 Decided February 20, 1928 276 U.S. 58 CERTIORARI TO THE SUPREME COURT OF OKLAHOMA Syllabus 1. The surviving husband of a woman of the Creek blood and tribe, whether himself of that blood or not, has no estate of curtesy in land allotted and patented to her in the distribution of the tribal property under the original and supplemental Creek Agreements, Acts of March 1, 1901, and June 30, 1902, and of which she died seized, intestate and leaving issue. Pp. 276 U. S. 59 , 276 U. S. 68 . 2. By the Act of June 28, 1898, and prior enactments, tribal laws in the Indian Territory were displaced and a body of laws adopted from the statutes of Arkansas was then put in force, for Indians and whites, except as they might be inapplicable in particular situations or might be superseded as to any of the Five Civilized Tribes by future agre...
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