Us Supreme Court Court February 1929 Judgments
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Taft Vs. Bowers
Court: US Supreme Court
Decided on: Feb-18-1929
Taft v. Bowers - 278 U.S. 470 (1929) U.S. Supreme Court Taft v. Bowers, 278 U.S. 470 (1929) Taft v. Bowers Nos. 16 and 17 Argued April 26, 1928 Reargued October 9, 1928 Decided February 18, 1929 278 U.S. 470 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Under par. (2), 202 of the Revenue Act of 1921, where one who purchased shares of stock after February 28, 1913, gave them to another after December 31, 1920, when their market value had increased over the investment, and the donee afterwards sold them at a price still higher, the gain taxable to the donee is the difference between the price realized by him and the price paid by the donor. P. 278 U. S. 481 . Page 278 U. S. 471 2. In such case, Congress has power under the Sixteenth Amendment to treat the entire increase in value, when separated from the investment by the sale, as income of the donee. P. 278 U. S. 482 . 20 F.2d 561, affirmed. Certiorari, 275 U.S. 520, to judgments of ...
Hart Refineries Vs. Harmon
Court: US Supreme Court
Decided on: Feb-18-1929
Hart Refineries v. Harmon - 278 U.S. 499 (1929) U.S. Supreme Court Hart Refineries v. Harmon, 278 U.S. 499 (1929) Hart Refineries v. Harmon No. 210 Submitted January 15, 1929 Decided February 18, 1929 278 U.S. 499 APPEAL FROM THE SUPREME COURT OF MONTANA Syllabus 1. A state may tax the use as well as the sale of gasoline which has been imported into the state and has come to rest there, provided there be no discrimination against the commodity because of its origin in another state. P. 278 U. S. 501 . Page 278 U. S. 500 2 A state law imposing an excise based on sales of gasoline that is made in the state or is brought in and has come to rest in the state is not unduly discriminatory, contrary to the equal protection clause, because it lays no tax on the use of imported gasoline after it acquires such local status. P. 278 U. S. 502 . 81 Mont. 423 affirmed. Appeal from a judgment of the Supreme Court of Montana affirming a judgment against the appellant in its action a...
Delaware, L. and W. R. Co. Vs. Koske
Court: US Supreme Court
Decided on: Feb-18-1929
Delaware, L. & W. R. Co. v. Koske - 279 U.S. 7 (1929) U.S. Supreme Court Delaware, L. & W. R. Co. v. Koske, 279 U.S. 7 (1929) Delaware, Lackawanna & Western Railroad Company v. Koske No. 219 Argued January 17, 1929 Decided February 18, 1929 279 U.S. 7 CERTIORARI TO THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus 1. A case under the Employers' Liability Act that was tried in the courts below upon the theory that the place of the accident was a certain ditch in a railway yard, as to which it was adjudged Page 279 U. S. 8 that the railroad company was negligent and that the plaintiff had not assumed the risk, cannot be reviewed upon the theory that the place may have been some other depression or hole in the yard of the existence of which no finding is warranted by the evidence. P. 279 U. S. 9 . 2. A railway employee, alighting in the dark from an engine in a railway yard in the course of his employment fell into a shallow ditch near the track which had long been m...
Atlantic Coast Line R. Co. Vs. Davis
Court: US Supreme Court
Decided on: Feb-18-1929
Atlantic Coast Line R. Co. v. Davis - 279 U.S. 34 (1929) U.S. Supreme Court Atlantic Coast Line R. Co. v. Davis, 279 U.S. 34 (1929) Atlantic Coast Line Railroad Company v. Davis No. 70 Argued November 23, 1928 Decided February 18, 1929 279 U.S. 34 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus 1. Where a railway employee voluntarily abandons one of several places which are reasonably safe and well adapted to the work in which he was engaged, and assumes and places himself in a position of extreme danger which was neither furnished for the performance of his work nor well adapted thereto, and this negligence on his part is the sole and direct cause of his death, there is no ground upon which liability of the employer, under the Federal Employers' Liability Act, may be predicated. P. 279 U. S. 39 . 2. In an action for wrongful death, brought under the Federal Employers' Liability Act, if the charge that the death was caused by the negligence of the employer in a...
Michigan Central R. Co. Vs. Mix
Court: US Supreme Court
Decided on: Feb-18-1929
Michigan Central R. Co. v. Mix - 278 U.S. 492 (1929) U.S. Supreme Court Michigan Central R. Co. v. Mix, 278 U.S. 492 (1929) Michigan Central R. Co. v. Mix No. 118 Argued January 10, 1929 Decided February 18, 1929 278 U.S. 492 CERTIORARI TO THE SUPREME COURT OF MISSOURI Syllabus 1. A railroad company engaged in interstate commerce cannot be subjected to an action in a state court entailing a burden upon or an obstruction of its interstate commerce, brought under the Federal Employers' Liability Act without its consent in a state where the cause of action did not arise and where the company has no railroad and where it has not been admitted to do business and transacts none other than the soliciting of freight for transportation in interstate commerce over its lines in other states. P. 278 U. S. 494 . 2. The mere fact that the plaintiff acquired a residence in the suit after the cause of action arose and before commencing the action does not take the case out of this rule. ...
Cudahy Packing Co. Vs. Hinkle
Court: US Supreme Court
Decided on: Feb-18-1929
Cudahy Packing Co. v. Hinkle - 278 U.S. 460 (1929) U.S. Supreme Court Cudahy Packing Co. v. Hinkle, 278 U.S. 460 (1929) Cudahy Packing Co. v. Hinkle No. 278 Argued January 7, 1929 Decided February 18, 1929 278 U.S. 460 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON Syllabus l. State taxation of a foreign corporation admitted to do business in a state, in the form of a filing fee and a license tax, both reckoned upon its authorized capital stock, held a burden on interstate commerce and an attempt to reach property beyond the jurisdiction of the state contrary to the due process clause of the Fourteenth Amendment, in a case where the property of the corporation within the state and the part of its business there transacted (less than half of it intrastate) were but small fractions, respectively, of its entire property and of its business transacted in other parts of the Union and abroad, and where the amount of capital stock auth...
Manley Vs. Georgia
Court: US Supreme Court
Decided on: Feb-18-1929
Manley v. Georgia - 279 U.S. 1 (1929) U.S. Supreme Court Manley v. Georgia, 279 U.S. 1 (1929) Manley v. Georgia No 429 Argued December 4, 1928 Decided February 18, 1929 279 U.S. 1 APPEAL FROM THE SUPREME COURT OF GEORGIA Syllabus Section 28, Art. XX, of the Georgia Banking Act declares that "every insolvency of a bank shall be deemed fraudulent, and the president and directors shall be severally punished by imprisonment and labor in the penitentiary . . . provided that the defendant . . . may repel the presumption of fraud by showing that the affairs of the bank have been fairly and legally administered, and generally with the same care and diligence, that agents receiving a commission for their services are required and bound by law to observe. . . ." The Act elsewhere declares that a bank is to be deemed insolvent when it cannot meet its liabilities as they become due in the regular course of business, or when the cash market value of its assets is insufficient to pay it...
Morimura, Arai and Co. Vs. Taback
Court: US Supreme Court
Decided on: Feb-18-1929
Morimura, Arai & Co. v. Taback - 279 U.S. 24 (1929) U.S. Supreme Court Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929) Morimura, Arai & Co. v. Taback No. 18 Argued October 9, 1928 Decided February 18, 1929 279 U.S. 24 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Under 14b of the Bankruptcy Act, as amended by 6 of the Act of June 25, 1910, bankrupts who have obtained goods on credit upon a written statement that was materially and grossly incorrect are not entitled to discharges if they made the statement to the vendor, or acquiesced in its making, for the purpose of obtaining the credit, with actual knowledge that it was incorrect, or with reckless indifference to the actual facts and with no reasonable ground to believe that it was correct. Pp. 279 U. S. 25 , 279 U. S. 33 . 2. In the absence of concurrent findings by the two lower courts upon any of the material issues relating to such a written statement, this Court examined the e...
Salomon Vs. State Tax Commission
Court: US Supreme Court
Decided on: Feb-18-1929
Salomon v. State Tax Commission - 278 U.S. 484 (1929) U.S. Supreme Court Salomon v. State Tax Commission, 278 U.S. 484 (1929) Salomon v. State Tax Commission Nos. 79 and 80 Argued November 28, 1928 Decided February 18, 1929 278 U.S. 484 ERROR TO THE SURROGATES COURT OF NEW YORK COUNTY, STATE OF NEW YORK Syllabus 1. A state law imposing a graduated tax on the transfer of contingent remainders measured by the value at the testator's death of the estate transferred, undiminished by the value of the intervening life estate, and requiring the executor to deposit security for the payment of the tax, but postponing the definitive assessment and the payment of the tax until after the death of the life tenant, held consistent with due process of law. P. 278 U. S. 489 . 2. The due process clause places no restriction on a state as to the time at which an inheritance tax shall be levied or the property valued for purposes of such tax. P. 278 U. S. 490 . 3. The graduation of th...
Arlington Hotel Co. Vs. Fant
Court: US Supreme Court
Decided on: Feb-18-1929
Arlington Hotel Co. v. Fant - 278 U.S. 439 (1929) U.S. Supreme Court Arlington Hotel Co. v. Fant, 278 U.S. 439 (1929) Arlington Hotel Co. v. Fant No. 157 Argued January 17, 1929 Decided February 18, 1929 278 U.S. 439 ERROR TO THE SUPREME COURT OF ARKANSAS Syllabus Land in Arkansas on which there are hot springs valuable for the curative powers of their waters was reserved from private appropriation by Act of Congress, passed in 1832 while Arkansas was a territory. A portion of it, which embraced the springs, was permanently reserved, in charge of the Interior Department, by an Act of Congress, passed.after Arkansas had been admitted to statehood, and upon this portion, an Army and Navy Hospital, since maintained, was established by authority of Congress. Thereafter, exclusive jurisdiction over land of the permanent reservation, including the hospital and a contiguous parcel on which a hotel was being operated under lease from the United States, was ceded to the United States...
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