Us Supreme Court Court January 1935 Judgments
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Mooney Vs. Holohan
Court: US Supreme Court
Decided on: Jan-21-1935
Mooney v. Holohan - 294 U.S. 103 (1935) U.S. Supreme Court Mooney v. Holohan, 294 U.S. 103 (1935) Mooney v. Holohan No. ___, original Rule to Show Cause Issued November 12, 1934 Return to Rule Presented January 7, 1935 Decided January 21, 1935 294 U.S. 103 MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS Syllabus 1. The due process clause of the Fourteenth Amendment governs any action of a State through its legislature, its courts, or its executive officers, including action through its prosecuting officers. P. 294 U. S. 112 . 2. A criminal conviction procured by the state prosecuting authorities solely by the use of perjured testimony known by them to be perjured and knowingly used by them in order to procure the conviction is without due process of law, and in violation of the Fourteenth Amendment. P. 294 U. S. 112 . 3. It is the duty of every State to provide corrective judicial process for the relief of persons convicted and imprisoned for crime without...
Detroit Bridge Co. Vs. Tax Appeal Board
Court: US Supreme Court
Decided on: Jan-14-1935
Detroit Bridge Co. v. Tax Appeal Board - 294 U.S. 83 (1935) U.S. Supreme Court Detroit Bridge Co. v. Tax Appeal Board, 294 U.S. 83 (1935) Detroit International Bridge Co. v. Corporation Tax Appeal Board of Michigan No. 272 Argued December 14, 1934 Decided January 14, 1935 294 U.S. 83 APPEAL FROM THE SUPREME COURT OF MICHIGAN Syllabus By owning and operating a toll bridge over which pedestrian and vehicle pas between this country and Canada, a corporation doe not itself engage in foreign commerce, and therefore a state tax on its privilege to be a corporation and exercise its functions, measured upon paid up capital and surplus, is not inconsistent with the commerce clause of the Constitution. Henderson Bridge Co. v. Kentucky, 166 U. S. 150 . P. 294 U. S. 86 . 267 Mich. 384, 255 N.W. 368, affirmed. Appeal from a judgment sustaining an order of the Corporation Tax Appeal Board, which in turn sustained the action of the Secretary of Michigan, in laying a privilege tax o...
Fox Vs. Standard Oil Co. of New Jersey
Court: US Supreme Court
Decided on: Jan-14-1935
Fox v. Standard Oil Co. of New Jersey - 294 U.S. 87 (1935) U.S. Supreme Court Fox v. Standard Oil Co. of New Jersey, 294 U.S. 87 (1935) Fox v. Standard Oil Company of New Jersey No. 69 Argued November 9, 1934 Decided January 14, 1935 294 U.S. 87 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA Syllabus 1. Filling stations and distribution plants where gasoline, other petroleum products, and automobile accessories are sold are "stores" within the meaning of the West Virginia Chain Store License Tax Act, defining the term store as including any mercantile establishment in which goods, wares, or merchandise of any kind are sold, etc. P. 294 U. S. 95 . 2. The legislative history of this Act and contemporaneous interpretation by the agent charged with its enforcement help to confirm the above-stated conclusion. P. 294 U. S. 96 . 3. Although administrative constructions of state statutes by state officials are not binding in cas...
Taylor Vs. Sternberg
Court: US Supreme Court
Decided on: Jan-07-1935
Taylor v. Sternberg - 293 U.S. 470 (1935) U.S. Supreme Court Taylor v. Sternberg, 293 U.S. 470 (1935) Taylor v. Sternberg No. 261 Argued December 14, 1934 Decided January 7, 1935 * 293 U.S. 470 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. After the filing of a petition in bankruptcy against corporation in the federal district court, a state court is without jurisdiction to make an order fixing the compensation of a receiver and his attorney theretofore appointed by it. P. 293 U. S. 472 . 2. In respect of sums thus erroneously awarded to and retained by the receiver and his attorney, they are not "adverse" claimants, and the bankruptcy court has authority to compel them to turn over the same by summary proceeding and order. P. 293 U. S. 473 . 71 F.2d 157 affirmed. Page 293 U. S. 471 Certiorari to review a judgment affirming a judgment of the District Court, sitting in bankruptcy, which affirmed an order of the referee granting the tr...
Adamos Vs. New York Life Ins. Co.
Court: US Supreme Court
Decided on: Jan-07-1935
Adamos v. New York Life Ins. Co. - 293 U.S. 386 (1935) U.S. Supreme Court Adamos v. New York Life Ins. Co., 293 U.S. 386 (1935) Adamos v. New York Life Insurance Co. No. 452 Argued December 3, 1934 Decided January 7, 1935 293 U.S. 386 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Decided on the authority of Enelow v. New York Life Ins. Co., ante, p. 293 U. S. 379 . 71 F.2d 997 reversed. Certiorari to review the affirmance of a final decree of the District Court, 5 F.Supp. 278, 280, cancelling several insurance policies and providing for repayment of the premiums, which were tendered back by the insurance companies. The decree was rendered on an equitable defense set up under Jud.Code, 274b, in an action by the beneficiary to collect the policies. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. Petitioner brought this action at law as beneficiary of several policies of insurance issued by respondent. The policies were alleged...
Keystone Driller Co. Vs. Northwest Engineering Corp.
Court: US Supreme Court
Decided on: Jan-07-1935
Keystone Driller Co. v. Northwest Engineering Corp. - 294 U.S. 42 (1935) U.S. Supreme Court Keystone Driller Co. v. Northwest Engineering Corp., 294 U.S. 42 (1935) Keystone Driller Co. v. Northwest Engineering Corp. No. 131 Argued December 5, 1934 Decided January 7, 1935 * 294 U.S. 42 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Claim 4 of Patent 1,317,431, to Clutter, for improvements in excavating machines, held not infringed. P. 294 U. S. 44 . The invention is said to consist in a "pivotal means carried by the boom" of the machine, "and connecting the pulling member therewith and with the scoop-carrying member," or ditcher stick. In machines of this kind, the boom swings on a pivot at its base and is pivoted at its other end to the ditcher stick near the top, or inner end, of the latter. The specifications and drawings of the patent showed a pulley mounted between two links, pivoted to the boom near its upper end, and two cross links...
Helvering Vs. Taylor
Court: US Supreme Court
Decided on: Jan-07-1935
Helvering v. Taylor - 293 U.S. 507 (1935) U.S. Supreme Court Helvering v. Taylor, 293 U.S. 507 (1935) Helvering v. Taylor No. 289 Argued December 7, 1934 Decided January 7, 1935 293 U.S. 507 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. In review by certiorari, the Court is not called upon to consider any question not raised by the petition for the writ. P. 293 U. S. 511 . 2. Where a taxpayer shows before the Board of Tax Appeals that a tax is arbitrarily assessed and excessive, his relief from payment of it is not conditional upon his showing also the correct amount of tax or that none was assessable. Section 274(e), Revenue Act of 1926, and 51(a) and 54(a), Revenue Act of 1928, considered. P. 293 U. S. 512 . 3. The evidence before the Board of Tax Appeals showed that a tax on income derived from sale of preferred stock which had been acquired at the same time as common stock of the same corporation Page 293 U. S. 508 was excessive,...
West Ohio Gas Co. Vs. Public Utilities Commission
Court: US Supreme Court
Decided on: Jan-07-1935
West Ohio Gas Co. v. Public Utilities Commission - 294 U.S. 79 (1935) U.S. Supreme Court West Ohio Gas Co. v. Public Utilities Commission , 294 U.S. 79 (1935) West Ohio Gas Co. v. Public Utilities Commission of Ohio (No. 2) No. 213 Submitted December 7, 1934 Decided January 7, 1935 294 U.S. 79 APPEAL ROM THE SUPREME COURT OF OHIO Syllabus 1. In fixing the rates of a public utility for a series of past years, it is contrary to due process to adopt the gross income and operating expenses of the first year as an exclusive standard or test for the period, and to ignore unimpeached evidence of the gross income and operating expenses of later years. To prefer forecast to experience in such cases is arbitrary. P. 294 U. S. 81 . 2. A prediction, mere guesswork, that lower rates prescribed for a public utility will ultimately increase its profits by increasing its business cannot atone for present confiscation. P. 294 U. S. 82 . 3. Other questions presented in this case are dis...
Enelow Vs. New York Life Ins. Co.
Court: US Supreme Court
Decided on: Jan-07-1935
Enelow v. New York Life Ins. Co. - 293 U.S. 379 (1935) U.S. Supreme Court Enelow v. New York Life Ins. Co., 293 U.S. 379 (1935) Enelow v. New York Life Insurance Co. No. 47 Argued November 7, 1934 Decided January 7, 1935 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. A decree of the District Court under Jud.Code, 274b, staying an action at law pending determination on the equity side of an equitable defense to the action, is, in effect, an injunction, and, being interlocutory, is appealable to the Circuit Court of Appeals under Jud.Code, 129. P. 293 U. S. 381 . 2. An application under Jud.Code, 274b, to stay ( i.e., to enjoin) proceedings of a law action until an equitable defense may be heard will not lie if the defense is one which is completely available in the law action. The test is whether the defendant could have maintained a bill in equity on the same averments. P. 293 U. S. 383 . 3. In an action brought by the sole beneficiar...
United States Vs. Spaulding
Court: US Supreme Court
Decided on: Jan-07-1935
United States v. Spaulding - 293 U.S. 498 (1935) U.S. Supreme Court United States v. Spaulding, 293 U.S. 498 (1935) United States v. Spaulding No. 161 Argued November 15, 1934 Decided January 7, 1935 293 U.S. 498 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. In an action on a lapsed war risk insurance policy insuring only against "total permanent disability," the evidence established that, since a time prior to the lapse, the insured, as the result of chronic and incurable disorders, was partially disabled, and at times and during periods of substantial duration, totally disabled, but that, in the year next following the lapse, he was officially examined and found fit for service as an air pilot, and that, during the larger part of more than eight years between the lapse and the commencement of his suit, he was able to work, and actually did so, and earned substantial compensation. Held: (1) That, in view of these facts, his testimony that, ...
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