Us Supreme Court Court April 1934 Judgments
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Mcknett Vs. St. Louis and San Francisco Ry. Co.
Court: US Supreme Court
Decided on: Apr-30-1934
McKnett v. St. Louis & San Francisco Ry. Co. - 292 U.S. 230 (1934) U.S. Supreme Court McKnett v. St. Louis & San Francisco Ry. Co., 292 U.S. 230 (1934) McKnett v. St. Louis & San Francisco Railway Co. No. 597 Argued March 12, 1934 Decided April 30, 1934 292 U.S. 230 CERTIORARI TO THE SUPREME COURT OF ALABAMA Syllabus The Federal Constitution forbids that a state should close its courts to transitory causes of action against foreign corporations arising in other states under federal law (Federal Employers' Liability Act) while opening them to the litigation of all like transitory cause arising in other states under state law. P. 292 U. S. 232 . 227 Ala. 349; 149 So. 822, reversed. Certiorari, 290 U.S. 621, to review the affirmance of a judgment for the railway company in an action for damages. MR. JUSTICE BRANDEIS delivered the opinion of the Court. This action was brought under the Federal Employers' Liability Act in the circuit court of Jefferson County, Alabama, to r...
Lindheimer Vs. Illinois Bell Telephone Co.
Court: US Supreme Court
Decided on: Apr-30-1934
Lindheimer v. Illinois Bell Telephone Co. - 292 U.S. 151 (1934) U.S. Supreme Court Lindheimer v. Illinois Bell Telephone Co., 292 U.S. 151 (1934) Lindheimer v. Illinois Bell Telephone Co. No. 440 Argued January 15, 16, 1934 Decided April 30, 1934 * 292 U.S. 151 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. Findings of a District Court, purporting to show the value of the property of a telephone company in its intrastate business, its net income therefrom, and the fair rate of return for each of a long series of years during which the State sought to impose a decrease of rates cannot be accepted as a basis for deciding whether the decrease would result in confiscation when, tested by the same findings, the existing rates, clearly adequate and under which the company operated with outstanding success throughout the same period and before, were themselves grossly inadequate. P. 292 U. S. 160 . 2. Elaborate calculatio...
Healy Vs. Ratta
Court: US Supreme Court
Decided on: Apr-30-1934
Healy v. Ratta - 292 U.S. 263 (1934) U.S. Supreme Court Healy v. Ratta, 292 U.S. 263 (1934) Healy v. Ratta No. 731 Argued April 4, 1934 Decided April 30, 1934 292 U.S. 263 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. A merchant whose business had been conducted through salesmen in a city and elsewhere in the state, alleging that a state law imposing a statewide license tax on each salesman or graduated local tax in cities was in denial of equal protection of the laws, brought suit in a federal court to enjoin the enforcement of the law, naming as sole defendant a city officer whose authority to enforce it was confined to his particular city. Held: (1) That the matter in controversy did not embrace the right to restrain enforcement of the law by other officers in other places in the state, and that the collateral effect of the decree, by virtue of stare decisis, upon other and distinct controversies with other officers could not be considere...
Olson Vs. United States
Court: US Supreme Court
Decided on: Apr-30-1934
Olson v. United States - 292 U.S. 246 (1934) U.S. Supreme Court Olson v. United States, 292 U.S. 246 (1934) Olson v. United States No. 580 Argued March 9, 1934 Decided April 30, 1934 * 292 U.S. 246 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. By the Fifth and Fourteenth Amendments of the Federal Constitution, as also under Art. I, 13 of the Constitution of Minnesota, appropriation of private property for a public use is forbidden unless a full and exact equivalent be returned to the owner. P. 292 U. S. 254 . 2. That equivalent is the market value of the property at the time of the taking contemporaneously paid in money. P. 292 U. S. 255 . 3. The sum required to be paid the owner of land does not depend upon the uses to which he has devoted it, but is to be ascertained upon just consideration of all the uses for which it is suitable. P. 292 U. S. 255 . 4. The fact that the most profitable use of a parcel can be made only in combina...
Loughran Vs. Loughran
Court: US Supreme Court
Decided on: Apr-30-1934
Loughran v. Loughran - 292 U.S. 216 (1934) U.S. Supreme Court Loughran v. Loughran, 292 U.S. 216 (1934) Loughran v. Loughran No. 565 Argued March 7, 1934 Decided April 30, 1934 292 U.S. 216 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Marriages not polygamous or incestuous, or otherwise declared void by statute, will, if valid by the law of the State where entered into, be recognized as valid in every other jurisdiction. P. 292 U. S. 223 . 2. A statute of the domicile forbidding remarriage of a spouse divorced for adultery has only territorial effect, and does not invalidate a marriage solemnized in another State in conformity with the laws thereof. Code, 966. P. 292 U. S. 223 . 3. Section 1287 of the Code of the District of Columbia, providing that, if any marriage declared illegal "by the foregoing sections" shall be entered into in another jurisdiction by persons having and retaining their domicile in the District, such marriage shall...
Sanders Vs. Armour Fertilizer Works
Court: US Supreme Court
Decided on: Apr-30-1934
Sanders v. Armour Fertilizer Works - 292 U.S. 190 (1934) U.S. Supreme Court Sanders v. Armour Fertilizer Works, 292 U.S. 190 (1934) Sanders v. Armour Fertilizer Works No. 106 Submitted February 5, 1934 Decided April 30, 1934 292 U.S. 190 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Two claimants of a fund due by a fire insurance company, one claiming it as insurance money due under a policy and the other claiming it as a creditor of the first who had attached the fund by garnishing the insurance company, are adverse claimants within the intendment of the Interpleader Act of May 8, 1926; 28 U.S.C. 41(26). P. 292 U. S. 199 . 2. The purpose of the Interpleader Act of May 8, 1926, 28 U.S.C. 41(26), is to protect the stakeholder and to determine the claims according to equity, weighing the right or title of each claimant under the law of the State in which his claim arose. Full faith and credit must be given by the forum to judicial proceedin...
Local Loan Co. Vs. Hunt
Court: US Supreme Court
Decided on: Apr-30-1934
Local Loan Co. v. Hunt - 292 U.S. 234 (1934) U.S. Supreme Court Local Loan Co. v. Hunt, 292 U.S. 234 (1934) Local Loan Co. v. Hunt No. 783 Argued April 4, 5, 1934 Decided April 30, 1934 292 U.S. 234 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. A court of bankruptcy has jurisdiction by ancillary proceedings to enforce an order of discharge by enjoining the prosecution of suits brought against the debtor. P. 292 U. S. 239 . 2. Such a proceeding being ancillary and dependent, the jurisdiction of the court follows that of the original cause, and may be maintained without regard to the citizenship of the parties or the amount involved, and notwithstanding the provisions of 265 of the Judicial Code; R.S., 720; 28 U.S.C. 379. P. 292 U. S. 239 . 3. Where the legal remedy of setting up a discharge as a defense in an action involving the rights of the bankrupt under it would entail not only his intervention in a state court of first instance...
Mississippi Valley Barge Line Co. Vs. United States
Court: US Supreme Court
Decided on: Apr-30-1934
Mississippi Valley Barge Line Co. v. United States - 292 U.S. 282 (1934) U.S. Supreme Court Mississippi Valley Barge Line Co. v. United States, 292 U.S. 282 (1934) Mississippi Valley Barge Line Co. v. United States No. 807 Argued April 5, 1934 Decided April 30, 1934 292 U.S. 282 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION Syllabus 1. Findings of the Interstate Commerce Commission may not be assailed in a suit to set its order aside in the absence of the evidence on which they were made. This settled rule cannot be avoided by the submission of additional evidence in the form of affidavits. P. 292 U. S. 286 . 2. It is not for a court to substitute its judgment for that of the Interstate Commerce Commission in the adjustment of a rate schedule; the judicial function is exhausted when there is found a rational basis for the Commission's conclusion. P. 292 U. S. 286 . 3. Order of the Commission permitting lower...
Spring City Foundry Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Apr-30-1934
Spring City Foundry Co. v. Commissioner - 292 U.S. 182 (1934) U.S. Supreme Court Spring City Foundry Co. v. Commissioner, 292 U.S. 182 (1934) Spring City Foundry Co. v. Commissioner Nos. 727 and 728 Argued April 3, 1934 Decided April 30, 1934 292 U.S. 182 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Where accounts and income tax returns are on the accrual basis, a debt owing the taxpayer for goods sold in the tax year is returnable as gross income of that year even though ascertained in that year to be partly worthless. Art. 35 of Regs. 45, under Revenue Act of 1918, construed. P. 292 U. S. 184 . 2. Section 234(a)(5) of the Revenue Act of 1918 authorized the deduction of a debt ascertained to be worthless and charged off within the taxable year; it did not authorize the deduction of the whole or a part of a debt which was not then ascertained to be worthless, but was recoverable in part, the amount that was recoverable being still uncert...
Avery Vs. Commissioner
Court: US Supreme Court
Decided on: Apr-30-1934
Avery v. Commissioner - 292 U.S. 210 (1934) U.S. Supreme Court Avery v. Commissioner, 292 U.S. 210 (1934) Avery v. Commissioner Nos. 791 and 792 Argued April 5, 1934 Decided April 30, 1934 292 U.S. 210 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Where dividends were declared payable on or before December 31st, but, pursuant to the invariable practice and the purpose of the corporation, were paid by checks so transmitted that they did not and could not reach the shareholders until the first business day in January of the following calendar year, held: 1. That, within the intendment of 213(a) of the Revenue Act of 1924 and like provisions of the Act of 1928, such dividends were " received " in the calendar years in which the checks were received. P. 292 U. S. 214 . Page 292 U. S. 211 2. They were not, on December 31, preceding, "cash or other property unqualifiedly made subject" to the shareholder's demands within the meaning of Treasury...
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