Us Supreme Court Court January 1929 Judgments
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United States Vs. Commonwealth and Dominion Line, Ltd.
Court: US Supreme Court
Decided on: Jan-21-1929
United States v. Commonwealth & Dominion Line, Ltd. - 278 U.S. 427 (1929) U.S. Supreme Court United States v. Commonwealth & Dominion Line, Ltd., 278 U.S. 427 (1929) United States v. Commonwealth & Dominion Line, Ltd. No. 21 Argued January 7, 1929 Decided January 21, 1929 278 U.S. 427 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In a proceeding in admiralty against the United States for collision losses, a special act granting jurisdiction to enter a decree in favor of either party for the amount of damages and costs "upon the same principle and measures of liability as in like cases in admiralty between private parties and with the same rights of appeal" is to be construed strictly, and no interest could be allowed against the United States, though it filed a cross-libel. The Thekla, 266 U. S. 328 , distinguished. P. 278 U. S. 427 . 20 F.2d 729 reversed. Certiorari, 275 U.S. 521, to a judgment of the circuit court of appeals affirming a...
Exchange Trust Co. Vs. Drainage Dist. No. 7
Court: US Supreme Court
Decided on: Jan-21-1929
Exchange Trust Co. v. Drainage Dist. No. 7 - 278 U.S. 421 (1929) U.S. Supreme Court Exchange Trust Co. v. Drainage Dist. No. 7, 278 U.S. 421 (1929) Exchange Trust Company v. Drainage District No. 7 No. 114 Argued January 9, 1929 Decided January 21, 1929 278 U.S. 421 ERROR TO THE SUPREME COURT OF ARKANSAS Syllabus 1. Irregularities in proceedings for the annexation of new lands to a special improvement district and for assessment of benefits may be cured by an act of the legislature confirming a reassessment. P. 278 U. S. 424 . 2. A settler under the homestead law who invited and secured an annexation of his land to a state drainage district and afterwards obtained his equitable title through a final entry of the Page 278 U. S. 422 land is estopped from asserting that the assessment subsequently imposed on him for the benefits accruing from the drainage are void because the land was owned by the United States at the time of such annexation. Lee v. Osceola Road District,...
WisconsIn Vs. Illinois
Court: US Supreme Court
Decided on: Jan-14-1929
Wisconsin v. Illinois - 278 U.S. 367 (1929) U.S. Supreme Court Wisconsin v. Illinois, 278 U.S. 367 (1929) Wisconsin v. Illinois Nos. 7, 11, and 12 Original Argued April 23, 24, 1928 Decided January 14, 1929 278 U.S. 367 1. A suit between states bordering on the Great Lakes, in which the plaintiffs sought to enjoin the defendant state and its administrative agency from diverting the lake water through a sanitary canal into another watershed under a permit from the Secretary of War, alleging that the diversion, by lowering the level of the lakes and waters connecting them, inflicted great damage upon public and private riparian property in the plaintiff states and to their waterborne commerce; that it was contrary to legislation of Congress, and, if permitted thereby, was unconstitutional in that it exceeded the power of Congress to regulate commerce, preferred the ports of one state over those of other states, deprived the plaintiffs and their citizens of property without due p...
Oriel Vs. Russell
Court: US Supreme Court
Decided on: Jan-14-1929
Oriel v. Russell - 278 U.S. 358 (1929) U.S. Supreme Court Oriel v. Russell, 278 U.S. 358 (1929) Oriel v. Russell Nos. 92 and 91 Argued November 20, 21, 1928 Decided January 14, 1929 278 U.S. 358 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. An order commanding a bankrupt to turn over to his trustee in bankruptcy books or property which he is charged with willfully withholding, but which he denies are within his possession or control, should be made only on clear and convincing evidence, exceeding a mere preponderance. P. 278 U. S. 362 . 2. In a civil proceeding to commit a bankrupt for contempt until he shall deliver books or property to his trustee in bankruptcy as commanded by a turn-over order, the order cannot be attacked collaterally by evidence that the books or papers were not in the bankrupt's possession or control at the time when it was made. P. 278 U. S. 363 . 23 F.2d 409, 413, affirmed. Certiorari, 277 U.S. 579, to judgment...
Weil Vs. Neary
Court: US Supreme Court
Decided on: Jan-02-1929
Weil v. Neary - 278 U.S. 160 (1929) U.S. Supreme Court Weil v. Neary, 278 U.S. 160 (1929) Weil v. Neary No. 59 Argued October 26, 1928 Decided January 2, 1929 278 U.S. 160 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. When, in a common law suit in a district court, the issues have been referred to a referee in accord with the local practice by consent of parties, and the referee's findings of fact and conclusions of law have been approved and adopted by that court, the appellate court may examine the findings and determine whether they support the judgment. Rev.Stats. 649. P. 278 U. S. 163 . 2. A bankruptcy rule of a district court forbidding trustees in bankruptcy to retain as their attorney the attorney for creditors of the bankrupt, is valid and has the force of law. Pp. 278 U. S. 165 -169. 3. A contract between an attorney for trustees in bankruptcy and an attorney for creditors whereby the compensation to be allowed the former by ...
Roe Vs. Kansas Ex Rel. Smith
Court: US Supreme Court
Decided on: Jan-02-1929
Roe v. Kansas ex Rel. Smith - 278 U.S. 191 (1929) U.S. Supreme Court Roe v. Kansas ex Rel. Smith, 278 U.S. 191 (1929) Roe v. Kansas ex Rel. Smith No. 63 Argued November 23, 1928 Decided January 2, 1929 278 U.S. 191 ERROR TO THE SUPREME COURT OF KANSAS Syllabus 1. A writ of error based on frivolous ground will be dismissed and a penalty may be taxed against the plaintiff in error. P. 278 U. S. 192 . 2. There is no basis for doubting the power of a state to condemn places of unusual historical interest for the use and benefit of the public. P. 278 U. S. 193 . 3. Construction of state condemnation statutes by the state supreme court held binding on this Court. Id. Writ of Error to 124 Kan. 716, dismissed. Error to a judgment of the Supreme Court of Kansas affirming a judgment for the condemnation of plaintiff-in-error's land. Page 278 U. S. 192 MR. JUSTICE McREYNOLDS delivered the opinion of the Court. This writ of error to the Supreme Court of Kansas must be dism...
Missouri-kansas-texas R. Co. Vs. Mars
Court: US Supreme Court
Decided on: Jan-02-1929
Missouri-Kansas-Texas R. Co. v. Mars - 278 U.S. 258 (1929) U.S. Supreme Court Missouri-Kansas-Texas R. Co. v. Mars, 278 U.S. 258 (1929) Missouri-Kansas-Texas R. Co. v. Mars No. 88 Submitted November 28, 1928 Decided January 2, 1929 278 U.S. 258 ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS Syllabus A state law (Texas, 1925 Revision, Art. 6422) providing that the property and franchise of a railroad, when sold within the state and acquired for operation by a new company, shall be subject to a lien for the satisfaction of claims for loss of property sustained in the operation of the railroad by the old company held not in conflict with 20a of the Interstate Commerce Act, which relates exclusively to securities. P. 278 U. S. 260 . 298 S.W. 271 affirmed. Error to a decree of the Supreme Court of Texas which reversed the Court of Civil Appeals, 294 S.W. 941, in a suit to foreclose a lien on railroad properties acquired by the plaintiff in error after a receiver's sale. ...
Cogen Vs. United States
Court: US Supreme Court
Decided on: Jan-02-1929
Cogen v. United States - 278 U.S. 221 (1929) U.S. Supreme Court Cogen v. United States, 278 U.S. 221 (1929) Cogen v. United States No. 8 Argued November 20, 1928 Decided January 2, 1929 278 U.S. 221 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus An application by a defendant in a criminal case, after indictment and before trial, for a summary order requiring the United States Attorney to return papers taken from the defendant without a warrant, and for the suppression of all evidence obtained therefrom, held not to be an independent proceeding; the order of the district court denying the application held interlocutory and not independently appealable. 24 F.2d 308 affirmed. Certiorari, 277 U.S. 579, to a judgment of the circuit court of appeals which dismissed a writ of error to an order of the district court denying an application for return of papers and for suppression of evidence in a criminal case. Page 278 U. S. 222 MR. JUSTICE BRAND...
Botany Worsted Mills Vs. United States
Court: US Supreme Court
Decided on: Jan-02-1929
Botany Worsted Mills v. United States - 278 U.S. 282 (1929) U.S. Supreme Court Botany Worsted Mills v. United States, 278 U.S. 282 (1929) Botany Worsted Mills v. United States No. 31 Submitted April 23, 1928 Argued November 20, 1928 Decided January 2, 1929 278 U.S. 282 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. No compromise of tax claims is authorized by 3229 Rev.Stats. which is not assented to by the Secretary of the Treasury. P. 278 U. S. 288 . 2. When a statute limits a thing to be done in a particular mode, it includes the negative of any other mode. P 278 U. S. 289 . 3. The taxpayer filed a return of its net income for 1917 under the Revenue Act of 1916, and paid a tax computed on the basis of this return. An audit of the taxpayer's books disclosed the necessity of an additional assessment, and after much correspondence and numerous conferences with subordinate officials of the Bureau of Page 278 U. S. 283 Internal Revenue, an amended return, based upon th...
Reinecke Vs. Northern Trust Co.
Court: US Supreme Court
Decided on: Jan-02-1929
Reinecke v. Northern Trust Co. - 278 U.S. 339 (1929) U.S. Supreme Court Reinecke v. Northern Trust Co., 278 U.S. 339 (1929) Reinecke v. Northern Trust Company No. 90 Argued December 4, 5, 1928 Decided January 2, 1929 278 U.S. 339 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Respondent's testator in his lifetime conveyed property in trust to pay the income to himself and, on his death, to pay it to Page 278 U. S. 340 designated persons until termination of the respective trusts, with remainders over. Each trust instrument reserved to the settlor alone the power to revoke the trust created by it, and provided that, upon the exercise of that power, the corpus of the trust must be returned to him by the trustee. The trusts were not in contemplation of death, and were created before the date of the Revenue Act of 1921, but the settlor died after that date without having revoked them. Held: subject to transfer tax under the Act. P. 278 U. S....
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