Us Supreme Court Court April 1936 Judgments
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Hines Vs. Stein
Court: US Supreme Court
Decided on: Apr-27-1936
Hines v. Stein - 298 U.S. 94 (1936) U.S. Supreme Court Hines v. Stein, 298 U.S. 94 (1936) Hines v. Stein No. 659 Argued April 6, 7, 1936 Decided April 27, 1936 298 U.S. 94 CERTIORARI TO THE SUPERIOR COURT OF PENNSYLVANIA, WESTERN DISTRICT Syllabus A state court which has appointed a guardian for an incompetent veteran has authority to order payment, out of funds belonging to the veteran and in the hands of such guardian, of a reasonable sum for services and expenses of an attorney who represented the guardian in a claim before the Veterans' Administration for reinstatement of the veteran's compensation. Executive and administrative regulations (pursuant to Acts of Congress, 48 Stat. 9; U.S.C. Title 38, 111, 114, 115) limiting the fees of attorneys in pension matters are inapplicable, and do not prevent. P. 298 U. S. 97 . 118 Pa.Super.Ct. 549; 180 A. 577, affirmed. Certiorari, 297 U.S. 700, to review the affirmance by the court below of an order of the Court of Common P...
Lowden Vs. Northwestern Nat'l Bank and Trust Co.
Court: US Supreme Court
Decided on: Apr-27-1936
Lowden v. Northwestern Nat'l Bank & Trust Co. - 298 U.S. 160 (1936) U.S. Supreme Court Lowden v. Northwestern Nat'l Bank & Trust Co., 298 U.S. 160 (1936) Lowden v. Northwestern National Bank & Trust Co. No. 743 Argued April 3, 1936 Decided April 27, 1936 298 U.S. 160 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The Court will not answer on certificate questions unrelated to the pending controversy, or questions unnecessarily general, or questions which admit of one answer in one set of circumstances and a different answer in another, the differentiating circumstances being imperfectly disclosed. P. 298 U. S. 162 . 2. The question whether and to what extent a bank owing money to a railway and owning some of the railway's bonds may be allowed to set them off in an action on the debt brought by trustees appointed for the railway in reorganization proceedings under 77 of the Bankruptcy Act is not a question that can be answered on certifi...
The Arizona Vs. Anelich
Court: US Supreme Court
Decided on: Apr-27-1936
The Arizona v. Anelich - 298 U.S. 110 (1936) U.S. Supreme Court The Arizona v. Anelich, 298 U.S. 110 (1936) The Arizona v. Anelich No. 667 Argued April 1, 2, 1936 Decided April 27, 1936 298 U.S. 110 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus 1. The provisions of the Jones Act allowing seamen a common law form of remedy for injuries in which "all statutes of the United States modifying or extending the common law right or remedy in case of personal injury to railway employees shall apply," and granting like remedies to the personal representatives of seamen when injuries result in death, became integral parts of the maritime law and are to be construed liberally and in harmony with the principles of that law as they were before the enactment. P. 298 U. S. 118 . 2. Under the maritime law, prior to the Jones Act, a seaman injured in the course of duty on navigable waters, due to negligence in providing a defective appliance for use in his work on the ship, Page ...
St. Joseph Stock Yards Co. Vs. United States
Court: US Supreme Court
Decided on: Apr-27-1936
St. Joseph Stock Yards Co. v. United States - 298 U.S. 38 (1936) U.S. Supreme Court St. Joseph Stock Yards Co. v. United States, 298 U.S. 38 (1936) St. Joseph Stock Yards Co. v. United States No. 497 Argued March 2, 1936 Decided April 27, 1936 298 U.S. 38 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus 1. Past conditions of the business affected, during a reasonable period, as well as existing conditions, are properly to be considered by a ratemaking authority in fixing rates for the future. P. 298 U. S. 46 . 2. An order of the Secretary of Agriculture fixing stockyards rates, not shown to be confiscatory by the evidence before him, and against which no further evidence was offered by the company affected in its suit for an injunction, held not invalid because the Secretary had refused to grant a further hearing on adverse changes in the company's business conditions alleged to have occurred after the close of the heari...
United States Vs. Idaho
Court: US Supreme Court
Decided on: Apr-27-1936
United States v. Idaho - 298 U.S. 105 (1936) U.S. Supreme Court United States v. Idaho, 298 U.S. 105 (1936) United States v. Idaho No. 420 Argued March 13, 1936 Decided April 27, 1936 298 U.S. 105 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF UTAH Syllabus 1. A decree of the District Court annulled and enjoined the enforcement of an order of the Interstate Commerce Commission authorizing the abandonment of trackage, on the ground that the trackage in question was a "spur" within par. 22 of the Interstate Commerce Act and that the order therefore was not within the authority of the Commission. Held, that the decree was based on findings amply supported by the evidence. P. 298 U. S. 108 . 2. Upon the question whether trackage is a "spur," an order of the Commission adjudging it not so and permitting abandonment is Page 298 U. S. 106 not conclusive, even though based on substantial evidence, but is subject to judicial review. P. 298 U. S. 109 ...
Pennsylvania R. Co. Vs. Public Utilities Comm'n
Court: US Supreme Court
Decided on: Apr-27-1936
Pennsylvania R. Co. v. Public Utilities Comm'n - 298 U.S. 170 (1936) U.S. Supreme Court Pennsylvania R. Co. v. Public Utilities Comm'n, 298 U.S. 170 (1936) Pennsylvania Railroad Co. v. Public Utilities Commission No. 746 Argued April 7, 8, 1936 Decided April 27, 1936 298 U.S. 170 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO Syllabus 1. The carriers to whom the Interstate Commerce Act applies are common carriers exclusively. P. 298 U. S. 173 . 2. For the purpose of determining the application of the Interstate Commerce Act, transportation begins when the merchandise has been placed in the possession of a common carrier. P. 298 U. S. 175 . 3. Coal mined in Pennsylvania was carried by the owner's private facilities to his plant in Ohio, where it was cleaned, broken, and sorted; thence it was shipped by rail to the owner's customers in Ohio. Held, that the movement by rail was not part of an interstate movement subject to the Int...
Hartford Acc. and Indem. Co. Vs. Illinois Ex Rel. Mclaughlin
Court: US Supreme Court
Decided on: Apr-27-1936
Hartford Acc. & Indem. Co. v. Illinois ex rel. McLaughlin - 298 U.S. 155 (1936) U.S. Supreme Court Hartford Acc. & Indem. Co. v. Illinois ex rel. McLaughlin, 298 U.S. 155 (1936) Hartford Accident & Indemnity Co. v. Illinois ex rel. McLaughlin No. 692 Argued March 31, 1936 Decided April 27, 1936 298 U.S. 155 APPEAL FROM THE SUPREME COURT OF ILLINOIS Syllabus 1. State regulation of the business of commission merchants who solicit consignments of farm produce from within and without the State and sell them locally on commission affects interstate commerce only indirectly, and is within the police power, in the absence of conflicting regulation by Congress. P. 298 U. S. 157 . 2. An Illinois statute requiring that commission merchants who solicit for sale and sell within the State consignments of farm produce, including fresh fruit and vegetables consigned from outside the State, shall procure a license, post a bond, keep records, and account and pay for produce received for s...
Chicago Great Western R. Co. Vs. Rambo
Court: US Supreme Court
Decided on: Apr-27-1936
Chicago Great Western R. Co. v. Rambo - 298 U.S. 99 (1936) U.S. Supreme Court Chicago Great Western R. Co. v. Rambo, 298 U.S. 99 (1936) Chicago Great Western Railroad Co. v. Rambo No. 696 Argued April 1, 1936 Decided April 27, 1936 298 U.S. 99 CERTIORARI TO THE SUPREME COURT OF MINNESOTA Syllabus 1. Upon review of judgment of a state court in a case under the Federal Employers' Liability Act, this Court must examine the record and determine for itself whether, a matter of law, the evidence is sufficient to sustain a finding of negligence. P. 298 U. S. 101 . 2. Evidence held insufficient to sustain a finding that the railroad had negligently failed to equip its locomotive with a headlight of the illuminating power required by federal law. P. 298 U. S. 101 . 195 Minn. 331, 263 N.W. 112, reversed. Certiorari, 297 U.S. 701, to review a judgment affirming a judgment against the railroad company in an action under the Federal Employers' Liability Act. MR. JUSTICE McREYNO...
international Business Machines Corp. Vs. United States
Court: US Supreme Court
Decided on: Apr-27-1936
International Business Machines Corp. v. United States - 298 U.S. 131 (1936) U.S. Supreme Court International Business Machines Corp. v. United States, 298 U.S. 131 (1936) International Business Machines Corp. v. United States No. 758 Argued April 8, 1936 Decided April 27, 1936 298 U.S. 131 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Section 3 of the Clayton Act declares it unlawful for any person engaged in commerce to lease machinery "whether patented or unpatented" on the condition that the lessee shall not use supplies or other commodities of the lessor's competitor, where the effect of the condition "may be" to lessen competition substantially or tend to create a monopoly. Held: 1. The prohibition is violated by a condition requiring a lessee to operate the leased machine only with supplies from the lessor, since this, in effect, precludes the use of supplies of a competitor. P. 298 U. S. 134 . 2. While the se...
Zimmern Vs. United States
Court: US Supreme Court
Decided on: Apr-27-1936
Zimmern v. United States - 298 U.S. 167 (1936) U.S. Supreme Court Zimmern v. United States, 298 U.S. 167 (1936) Zimmern v. United States No. 766 Argued April 3, 1936 Decided April 27, 1936 298 U.S. 167 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus An order made by a district judge on his own motion during the term at which a decree has been entered, reciting the need for an amendment of the decree and extending the term to a future day for the declared purpose of allowing such amendment, without specifying the change in contemplation, has the effect of suspending the operation of the decree so that no appeal can be taken from it until it has been amended or confirmed. P. 298 U. S. 169 . 79 F.2d 703 reversed. Certiorari, 297 U.S. 701, to review a judgment dismissing an appeal. MR. JUSTICE CARDOZO delivered the opinion of the Court. The question in this case is whether the petitioners appealed to the Circuit Court of Appeals within the time p...
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