Us Supreme Court Court April 1939 Judgments
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Sprague Vs. Ticonic National Bank
Court: US Supreme Court
Decided on: Apr-24-1939
Sprague v. Ticonic National Bank - 307 U.S. 161 (1939) U.S. Supreme Court Sprague v. Ticonic National Bank, 307 U.S. 161 (1939) Sprague v. Ticonic National Bank No. 543 Argued March 28, 1939 Decided April 24, 1939 307 U.S. 161 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. When a litigant in the District Court, through the prosecution of a suit on his own behalf and at his own expense, has affixed a lien on earmarked funds in an insolvent bank for the repayment in full, with ordinary costs and interest, of a sum theretofore deposited by him in trust, and, by so doing, has incidentally, through the principle of stare decisis, established like rights for other depositors, not parties to the suit, but in like situation, it lies within the power of the court as a court of equity to make the successful litigant an allowance of costs "as between solicitor and client," for counsel fees and litigation expenses, to be paid out of the earmarked funds. ...
Wilentz Vs. Sovereign Camp, Woodmen of the World
Court: US Supreme Court
Decided on: Apr-17-1939
Wilentz v. Sovereign Camp, Woodmen of the World - 306 U.S. 573 (1939) U.S. Supreme Court Wilentz v. Sovereign Camp, Woodmen of the World, 306 U.S. 573 (1939) Wilentz v. Sovereign Camp, Woodmen of the World No. 448 Argued March 2, 1939 Decided April 17, 1939 306 U.S. 573 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY Syllabus 1. The requirement of Judicial Code, 266 that the three-judge court procedure there prescribed, with direct appeal to the Supreme Court, may be invoked only when the suit is one to restrain the action of state officers in the enforcement or execution of a state statute or in the enforcement or execution of an order made by an administrative board or commission, is a requirement of substance, not Page 306 U. S. 574 of form, and it is not satisfied by joining, as nominal parties defendant, state officers whose action is not the effective means of the enforcement or execution of the challenged statute or order. P. 30...
Higginbotham Vs. Baton Rouge
Court: US Supreme Court
Decided on: Apr-17-1939
Higginbotham v. Baton Rouge - 306 U.S. 535 (1939) U.S. Supreme Court Higginbotham v. Baton Rouge, 306 U.S. 535 (1939) Higginbotham v. City of Baton Rouge No. 462 Argued March 3, 1939 Decided April 17, 1939 306 U.S. 535 APPEAL FROM THE SUPREME COURT OF LOUISIANA Syllabus 1. Before the expiration of the incumbent's term, the municipal office of Commissioner of Public Parks and Streets to which he had been elected was abolished by later legislation, pursuant to which he was employed, until the next election, to render as Superintendent of Parks and Streets under control of the Mayor the same service pertaining to the governmental functions of the city in the supervision of its parks and streets as he had rendered as Commissioner, and at the same salary. Held that later action of the legislature and the city terminating the employment before the term had expired was within the legislative power over public offices, and not an impairment of contract obligation within the meanin...
Chippewa Indians Vs. United States
Court: US Supreme Court
Decided on: Apr-17-1939
Chippewa Indians v. United States - 307 U.S. 1 (1939) U.S. Supreme Court Chippewa Indians v. United States, 307 U.S. 1 (1939) Chippewa Indians v. United States No. 666 Argued March 30, 1939 Decided April 17, 1939 307 U.S. 1 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. The Act of January 14, 1889, pursuant to which the bands of Chippewa Indians in Minnesota ceded their reservations to the United States and the United States undertook to sell land and timber, hold the proceeds in trust, expend income for purposes specified, and ultimately distribute the principal, all for the benefit of the Indians, did not create a conventional trust or abdicate guardianship over the Indians as tribal Indians. P. 307 U. S. 3 . 2. Congress therefore retained the power to make expenditures from the fund for the benefit of the Indians in ways not contemplated by that Act. P. 307 U. S. 5 . 88 Ct.Cls. 1 affirmed. Appeal from a judgment dismissing a suit brought by the above-named Indians for...
Mccrone Vs. United States
Court: US Supreme Court
Decided on: Apr-17-1939
McCrone v. United States - 307 U.S. 61 (1939) U.S. Supreme Court McCrone v. United States, 307 U.S. 61 (1939) McCrone v. United States No. 660 Argued March 30, 1939 Decided April 17, 1939 307 U.S. 61 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Contempt of an order of the District Court, issued upon the application of an agent of the Bureau of Internal Revenue and requiring the person cited to appear and testify before such official in a lawful investigation of the tax liability of another, was a civil contempt, and a judgment that the contemnor be held in jail until he purged himself of the contempt was appealable only in accordance with the applicable statutory provisions governing appeals from judgments in civil cases. P. 307 U. S. 64 . 2. An appeal from such a judgment of contempt, which was not applied for or allowed by the trial judge or a judge of the Circuit Court of Appeals, as required by the applicable statutory provisions, was ...
Driscoll Vs. Edison Light and Power Co.
Court: US Supreme Court
Decided on: Apr-17-1939
Driscoll v. Edison Light & Power Co. - 307 U.S. 104 (1939) U.S. Supreme Court Driscoll v. Edison Light & Power Co., 307 U.S. 104 (1939) Driscoll v. Edison Light & Power Co., 307 U.S. 104 (1939) No. 509 Argued February 7, 8, 1939 Decided April 17, 1939 307 U.S. 104 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus 1. The provision of the Act of May 14, 1934, withholding from the District Courts jurisdiction over suits to enjoin on the ground of unconstitutionality the enforcement of state orders fixing public utility rates, "where a plain, speedy, and efficient remedy at law or in equity may be had in the courts of such State," held inapplicable, by its terms, to a suit attacking temporary rates ordered by the Public Utilities Commission in Pennsylvania, where the Page 307 U. S. 105 remedy by injunction is confined to proceedings "questioning the jurisdiction of the commission," and where the remedy at law by appeal doe...
Kohn Vs. Central Distributing Co.
Court: US Supreme Court
Decided on: Apr-17-1939
Kohn v. Central Distributing Co. - 306 U.S. 531 (1939) U.S. Supreme Court Kohn v. Central Distributing Co., 306 U.S. 531 (1939) Kohn v. Central Distributing Co. No. 177 Argued March 1, 2, 1939 Decided April 17, 1939 306 U.S. 531 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTCKY Syllabus A suit in the federal court to enjoin enforcement of a state tax, alleged to be unconstitutional, will not lie where the enforcement is by suit pending in a state court and where the state courts .afford a plain, speedy, and efficient remedy. Judicial Code 265 and 24, par. 1, as amended by Act of August 21, 1937. P. 306 U. S. 534 . Affirmed. Appeal from a judgment of the District Court, of three judges, which denied applications for temporary and permanent injunctions and dismissed the bill, in a suit to restrain enforcement of a state liquor tax. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. The Commonwealth of Kentucky, acting thr...
Atlas Life Ins. Co. Vs. W. I. Southern, Inc.
Court: US Supreme Court
Decided on: Apr-17-1939
Atlas Life Ins. Co. v. W. I. Southern, Inc. - 306 U.S. 563 (1939) U.S. Supreme Court Atlas Life Ins. Co. v. W. I. Southern, Inc., 306 U.S. 563 (1939) Atlas Life Insurance Co. v. W. I. Southern, Inc. No. 598 Submitted March 29, 1939 Decided April 17, 1939 306 U.S. 563 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. In Oklahoma, an insurer may set up fraud in the procurement of a policy as a defense to an action at law upon it, or may interpose a cross-complaint in that action for cancellation of the policy. P. 306 U. S. 567 . 2. An action in a state court of Oklahoma by a Delaware corporation against an Oklahoma insurance company upon a policy of insurance is not removable to the federal court, since the defendant is not a nonresident of Oklahoma within Judicial Code, 28. P. 306 U. S. 567 . 3. The "jurisdiction" of suits in equity, conferred on the federal courts by Judicial Code, 24(1), is an authority to administer in equity suits th...
Labor Board Vs. Fainblatt
Court: US Supreme Court
Decided on: Apr-17-1939
Labor Board v. Fainblatt - 306 U.S. 601 (1939) U.S. Supreme Court Labor Board v. Fainblatt, 306 U.S. 601 (1939) Labor Board v. Fainblatt No. 514 Argued March 8, 9, 1939 Decided April 17, 1939 306 U.S. 601 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. The National Labor Relations Act is applicable to manufacturers whose product is shipped in interstate commerce under circumstances such that cessation of work by their employees by reason of strikes or labor disputes would result in cessation of the movement of the manufactured product in interstate commerce. Consequently the Act is applicable to employers, not themselves engaged in interstate commerce, who are engaged in a relatively small business of processing materials which are regularly transmitted to them by the owners through the channels of interstate commerce and which, after the processing, are returned to the owner's agent at the factory, and by him shipped to interstate destinations....
United States Trust Co. Vs. Helvering
Court: US Supreme Court
Decided on: Apr-17-1939
United States Trust Co. v. Helvering - 307 U.S. 57 (1939) U.S. Supreme Court United States Trust Co. v. Helvering, 307 U.S. 57 (1939) United States Trust Co. v. Helvering No. 453 Argued March 3, 1939 Decided April 17, 1939 307 U.S. 57 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. An estate tax is not a tax upon the property of which an estate is composed, but is an excise upon the transfer of or shifting in relationships to property at death. P. 307 U. S. 60 . 2. The proceeds of a War Risk Insurance policy payable to a deceased veteran's widow were properly included in his gross estate for the purpose of computing the federal estate tax. Revenue Act of 1926, 302(g), as amended. P. 307 U. S. 60 . 3. Section 22 of the World War Veterans' Act, 1924, providing that such insurance "shall be exempt from all taxation," does not prevent. P. 307 U. S. 59 . 4. No provision of the Government's contract with an insured veteran is impaired in vi...
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