Us Supreme Court Court February 1938 Judgments
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Helvering Vs. therrell
Court: US Supreme Court
Decided on: Feb-28-1938
Helvering v. Therrell - 303 U.S. 218 (1938) U.S. Supreme Court Helvering v. Therrell, 303 U.S. 218 (1938) Helvering v. Therrell No. 128 Argued December 17, 1937 Decided February 28, 1938 * 303 U.S. 218 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The compensation received (1) by a liquidator appointed by the State Comptroller to wind up insolvent banks pursuant to Florida statutes; (2) by legal counsel employed by the Insurance Department of New York for services in liquidating insolvent insurance companies taken over by the state Superintendent of Insurance, pursuant to New York statutes; (3) by an attorney in the Department of Justice of Pennsylvania assigned by the Attorney General for legal work relating to winding up of insolvent banks taken over by the state Secretary of Banking pursuant to Pennsylvania statutes, held (p. 303 U. S. 222 ) subject to income taxation by the Federal Government, it appearing: 1. That the compensation in e...
McCollum Vs. Hamilton Nat'l Bank
Court: US Supreme Court
Decided on: Feb-28-1938
McCollum v. Hamilton Nat'l Bank - 303 U.S. 245 (1938) U.S. Supreme Court McCollum v. Hamilton Nat'l Bank, 303 U.S. 245 (1937) McCollum v. Hamilton National Bank No. 342 Argued January 31, 1938 Decided February 28, 1938 303 U.S. 245 CERTIORARI TO THE SUPREME COURT OF TENNESSEE Syllabus Rev.Stats. 5197 governs the rates of interest chargeable by national banks, and 5198 provides that, if a greater rate has been paid, the person paying it, or his legal representative, may recover twice the amount from the bank. Where the person entitled became bankrupt and the action against the bank was by his trustee in bankruptcy, the state court first granted judgment for double the usurious interest, but set off the judgment against the bankrupt's indebtedness to the bank. Held: 1. Although the form of action prescribed is debt, the cause of action is ex delicto, and the recovery punitive; no setoff is permissible in the proceeding, either before or after judgment. P. 303 U. S. 247 ...
St. Paul Mercury Indem. Co. Vs. Red Cab Co.
Court: US Supreme Court
Decided on: Feb-28-1938
St. Paul Mercury Indem. Co. v. Red Cab Co. - 303 U.S. 283 (1938) U.S. Supreme Court St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283 (1938) Saint Paul Mercury Indemnity Co. v. Red Cab Company No. 274 Submitted January 10, 1938 Decided February 28, 1938 303 U.S. 283 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. There is a strong presumption that the plaintiff in a state court has not claimed a large amount in order to confer jurisdiction by removal on a federal court, and that the parties have not colluded to that end. P. 303 U. S. 290 . 2. The status of the case as disclosed by the plaintiff's complaint is controlling in the case of a removal, since the defendant must file his petition before the time for answer, or forever lose his right to remove. P. 303 U. S. 291 . 3. Jurisdiction of the District Court acquired through removal is not lost by plaintiff's subsequent reduction of his claim to less than the jurisdictional amount...
Escanaba and Lake Superior R. Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-28-1938
Escanaba & Lake Superior R. Co. v. United States - 303 U.S. 315 (1938) U.S. Supreme Court Escanaba & Lake Superior R. Co. v. United States, 303 U.S. 315 (1938) Escanaba & Lake Superior R. Co. v. United States No. 415 Argued February 4, 7, 1938 Decided February 28, 1938 303 U.S. 315 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus 1. Whether the Interstate Commerce Commission should approve a pooling agreement between competing carriers under 5(1) of the Interstate Commerce Act is a question of public interest and welfare. Other carriers, as well as shippers and other persons, are entitled to be heard on this question, but a carrier which is not a party to the agreement is not a "carrier involved" within the meaning of the section, even if adversely affected by it, and may not frustrate the agreement by withholding its assent. P. 303 U. S. 319 . 2. The "M" railroad carried iron ore from the mines to a lake port, part of th...
Century Indemnity Co. Vs. Nelson
Court: US Supreme Court
Decided on: Feb-28-1938
Century Indemnity Co. v. Nelson - 303 U.S. 213 (1938) U.S. Supreme Court Century Indemnity Co. v. Nelson, 303 U.S. 213 (1938) Century Indemnity Co. v. Nelson No. 362 Argued February 2, 1938 Decided February 28, 1938 303 U.S. 213 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus After the submission of a law case tried without a jury, the District Court ordered "that judgment be entered for plaintiff . . . upon findings of facts and conclusions of law to be presented." Thereafter, in accordance with a rule of the court, special findings of fact and conclusions of law were proposed by each side; those offered by the plaintiff were adopted by the judge, and formal judgment was ordered and entered. Held that the first order was preliminary; that rejections of defendant's proposed findings were rulings made "in the progress of the trial," within the meaning of 28 U.S.C. 875, and reviewable by the Circuit Court of Appeals. P. 303 U. S. 215 . 90 F.2d ...
United States Vs. Illinois Central R. Co.
Court: US Supreme Court
Decided on: Feb-28-1938
United States v. Illinois Central R. Co. - 303 U.S. 239 (1938) U.S. Supreme Court United States v. Illinois Central R. Co., 303 U.S. 239 (1938) United States v. Illinois Central R. Co. No. 352 Argued January 14, 17, 1938 Decided February 28, 1938 303 U.S. 239 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Cattle in a railway car were brought to the place where they were to be unloaded for water, feed and rest, as required by the Act of June 29, 1906, arriving there before the period allowed by the Act for their continuous confinement in the car had expired, but unloading was delayed beyond that period owing to the fact that the carrier's yardmaster, aware of the situation, negligently failed to notify another employee of the carrier whose duty it was to unload them. Held that the carrier "knowingly and willfully" failed to comply with the statute, and was subject to the penalty thereby prescribed. P. 303 U. S. 242 . In statutes denouncing off...
Hassett Vs. Welch
Court: US Supreme Court
Decided on: Feb-28-1938
Hassett v. Welch - 303 U.S. 303 (1938) U.S. Supreme Court Hassett v. Welch, 303 U.S. 303 (1938) Hassett v. Welch No. 375 Argued February 1, 1938 Decided February 28, 1938 * 303 U.S. 303 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. Sec. 302(c) of the Rev. Act of 1926, which required that there be included in a decedent's estate, for estate tax purposes, any property interest of which the decedent has "at any time" made a transfer in contemplation of or intended to take effect in possession or enjoyment at or after death, was amended by the Joint Resolution of March 3, 1931, to include "a transfer under which the transferor has retained for his life . . . the possession or enjoyment of, or the income from, the property." Section 803(a) of the Rev. Act of June 6, 1932, substantially reenacts this provision. Held: (1) That the added provision does not apply to transfers made before, by decedents who died after, the enactment of the Joint Resol...
United States Vs. Klein
Court: US Supreme Court
Decided on: Feb-28-1938
United States v. Klein - 303 U.S. 276 (1938) U.S. Supreme Court United States v. Klein, 303 U.S. 276 (1938) United States v. Klein No. 439 Argued February 11, 1938 Decided February 28, 1938 303 U.S. 276 APPEAL FROM THE SUPREME COURT OF PENNSYLVANIA Syllabus 1. Moneys due by a defendant in a suit in the federal district court to certain bondholders whose whereabouts were unknown were by direction of the court paid into its registry. Unclaimed for more than five years, the fund was deposited in the U.S. Treasury, as required by R.S. 996. Under that section, the money remains subject to the order of the district court to be paid to the persons entitled to it upon full proof of their right. In the exercise of a jurisdiction conferred by state statute, a state court subsequently decreed escheat of the fund, and directed the state escheator to apply to the district court for an order that the money be paid to him. There was no contention on behalf of the United States of actual o...
United States Vs. Griffin
Court: US Supreme Court
Decided on: Feb-28-1938
United States v. Griffin - 303 U.S. 226 (1938) U.S. Supreme Court United States v. Griffin, 303 U.S. 226 (1938) United States v. Griffin No. 63 Argued November 19, 1937 Reargued January 3, 1938 Decided February 28, 1938 303 U.S. 226 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Syllabus 1. Lack of jurisdiction of the District Court over the subject matter cannot be waived by the parties; when discovered on appeal, dismissal of the bill must be ordered. P. 303 U. S. 229 . 2. The jurisdiction to set aside orders of the Interstate Commerce Commission, conferred upon the District Court of three judges by the Urgent Deficiencies Act of October 22, 1913, does not apply to negative orders. P. 303 U. S. 232 . 3. An order of the Interstate Commerce Commission declining, upon reexamination, to increase the compensation for carrying mail fixed by an earlier order pursuant to the Railway Mail Pay Act is a negative order. P. 303 U. S. 2...
Mookini Vs. United States
Court: US Supreme Court
Decided on: Feb-28-1938
Mookini v. United States - 303 U.S. 201 (1938) U.S. Supreme Court Mookini v. United States, 303 U.S. 201 (1938) Mookini v. United States No. 319 Argued February 2, 1938 Decided February 28, 1938 303 U.S. 201 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. The Act of March 8, 1934, (28 U.S.C. 723a) empowering this Court to prescribe rules of practice with respect to proceedings after determination of guilt in criminal cases in "District Courts of the United States, including the District Courts of Alaska, Hawaii, Puerto Rico, Canal Zone and Virgin Islands," and in the other courts named, does not require that rules, when prescribed, shall be identical for all the courts mentioned, or that rules for all shall be prescribed at the same time. P. 303 U. S. 203 . 2. In the rules heretofore promulgated by this Court (May 7, 1934, 292 U.S. 661) limited to proceedings in criminal cases in "District Courts of the United States" and in the Supreme Court...