Us Supreme Court Court April 1939 Judgments
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Buck Vs. Gallagher
Court: US Supreme Court
Decided on: Apr-17-1939
Buck v. Gallagher - 307 U.S. 95 (1939) U.S. Supreme Court Buck v. Gallagher, 307 U.S. 95 (1939) Buck v. Gallagher No. 329 Argued January 10, 1939 Decided April 17, 1939 307 U.S. 95 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON Syllabus 1. In a suit to restrain the enforcement of a statute prohibiting or regulating a business, the matter in controversy is the right to carry on the business free from the prohibition or regulation. P. 307 U. S. 100 . 2. The burden of showing jurisdictional value in controversy is on the plaintiff. P. 307 U. S. 102 . The value of the right to be free in one's business from a statutory regulation may be shown by proving the additional cost of complying with the regulation. P. 307 U. S. 103 . 3. Owners of the copyrights of musical compositions, with a view to protection against unlicensed public performances for profit for which they received no compensation, granted to an unincorporated assoc...
Electric Storage Battery Co. Vs. Shimadzu
Court: US Supreme Court
Decided on: Apr-17-1939
ELECTRIC STORAGE BATTERY CO. v. SHIMADZU - 307 U.S. 616 (1939) U.S. Supreme Court ELECTRIC STORAGE BATTERY CO. v. SHIMADZU, 307 U.S. 616 (1939) 307 U.S. 5 307 U.S. 613 307 U.S. 616 ELECTRIC STORAGE BATTERY CO. v. SHIMADZU et al. No. 441. Argued Feb. 28, 1939. Decided April 17, 1939. As Amended on Denial of Rehearing May 22, 1939 And as Modified June 5, 1939.[ Electric Storage Battery Co. v. Shimadzu 307 U.S. 5 (1939) ] Page 307 U.S. 616, 7 Mr. Hugh M. Morris, of Wilmington, Del., for petitioner. Messrs. George Whitefield Betts, Jr., of New York City, and Edmund B. Whitcomb, of Toledo, Ohio, for respondents. Mr. Justice ROBERTS delivered the opinion of the Court. The courts below have held valid and infringed certain claims of three patents 1 granted to Genzo Shimadzu, a citizen and resident of Japan. The earliest is for a method of forming a finely divided and, consequently, more chemically reactive, lead powder. The second is for a method or process of manufacturin...
Clark Vs. Paul Gray, Inc.
Court: US Supreme Court
Decided on: Apr-17-1939
Clark v. Paul Gray, Inc. - 306 U.S. 583 (1939) U.S. Supreme Court Clark v. Paul Gray, Inc., 306 U.S. 583 (1939) Clark v. Paul Gray, Inc. No. 534 Argued March 27, 1939 Decided April 17, 1939 306 U.S. 583 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus 1. The Court raises sua sponte the question whether jurisdictional amounts were in controversy in the District Court. P. 306 U. S. 588 . 2. When several plaintiffs assert separate and distinct demands in a single suit, the amounts involved cannot be added together to satisfy jurisdictional requirements; jurisdiction as to each separate controversy depends upon the amount involved in that controversy. P. 306 U. S. 589 . 3. When several plaintiffs assert separate and distinct demands in one suit, a general allegation in the bill that the amount involved in the litigation is in excess of $3,000 and a finding of the District Court that the amount involved in the suit exce...
Carrier Vs. Bryant
Court: US Supreme Court
Decided on: Apr-17-1939
Carrier v. Bryant - 306 U.S. 545 (1939) U.S. Supreme Court Carrier v. Bryant, 306 U.S. 545 (1939) Carrier v. Bryant No. 541 Argued March 27, 28, 1939 Decided April 17, 1939 306 U.S. 545 CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA Syllabus Negotiable notes and United States bonds purchased, and held as investments, for an incompetent World War veteran by his guardian out of "payments of benefits" made to him by the United States under laws relating to such veterans held not exempt under 3 of the Act of August 12, 1935 from execution upon a judgment against the incompetent. P. 306 U. S. 547 . 214 N.C. 174, 198 S.E. 651, affirmed. Certiorari, post, p. 622, to review the affirmance of a, decree dissolving an order which restrained respondent from executing upon a Judgment. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. The Supreme Court, North Carolina, ruled that negotiable notes and United States bonds purchased and held as investments for an incom...
Kessler Vs. Strecker
Court: US Supreme Court
Decided on: Apr-17-1939
Kessler v. Strecker - 307 U.S. 22 (1939) U.S. Supreme Court Kessler v. Strecker, 307 U.S. 22 (1939) Kessler v. Strecker No. 330 Argued February 10, 13, 1939 Decided April 17, 1939 307 U.S. 22 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Section 1 of the Act of October 16, 1918, as amended, provides that aliens of described classes, including "aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches . . . the overthrow by force or violence of the Government of the United States . . . ," shall be excluded from admission to the United States. Section 2 provides that "any alien who at any time after entering the United States is found to have been, at the time of entry, or to have become thereafter, a member of any of the classes of aliens enumerated" in Section 1, shall, upon warrant of the Secretary of Labor,...
Gibbs Vs. Buck
Court: US Supreme Court
Decided on: Apr-17-1939
Gibbs v. Buck - 307 U.S. 66 (1939) U.S. Supreme Court Gibbs v. Buck, 307 U.S. 66 (1939) Gibbs v. Buck No. 276 Argued January 10, 1939 Decided April 17, 1939 307 U.S. 66 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus 1. The question of jurisdictional amount is properly determined on the bill and motion to dismiss where the motion in effect traverses only a general allegation of the amount involved, and admits the other allegations, touching the subject, merely challenging their sufficiency to show jurisdiction. P. 307 U. S. 71 . On submission of the question on bill and motion to dismiss, the burden of showing jurisdictional value in controversy is on the plaintiff. P. 307 U. S. 72 . 2. In a class suit by and on behalf of the members of a society who have a common and undivided interest, the jurisdictional amount or value is involved if for any member who is a party, the matter in controversy is of that value, or if, t...
Honeyman Vs. Jacobs
Court: US Supreme Court
Decided on: Apr-17-1939
Honeyman v. Jacobs - 306 U.S. 539 (1939) U.S. Supreme Court Honeyman v. Jacobs, 306 U.S. 539 (1939) Honeyman v. Jacobs No. 465 Submitted February 10, 1939 Decided April 17, 1939 306 U.S. 539 APPEAL FROM THE SUPREME COURT OF NEW YORK Syllabus A state law providing that a mortgagee who has bid in the property at foreclosure sale shall have no deficiency judgment if the value of the property equals the amount of the debt and interest plus costs and expenses does not impair the obligations of preexisting mortgage contracts within the intendment of the contract clause of the Constitution. Richmond Mortgage Corp. v. Wachovia Bank, 300 U. S. 124 , 300 U. S. 128 . P. 306 U. S. 545 . 278 N.Y. 467, 17 N.E.2d 131, affirmed. Appeal from a judgment affirming a judgment which confirmed a foreclosure sale to the appellant as mortgagee-purchaser, Page 306 U. S. 540 but overruled his motion for a deficiency judgment. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. T...
United States Vs. Maher
Court: US Supreme Court
Decided on: Apr-17-1939
United States v. Maher - 307 U.S. 148 (1939) U.S. Supreme Court United States v. Maher, 307 U.S. 148 (1939) United States v. Maher No. 432 Argued February 6, 1939 Decided April 17, 1939 307 U.S. 148 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus 1. The Interstate Commerce Commission denied an application of a common carrier by motor vehicle for a certificate of public convenience and necessity authorizing him to operate over a designated route, and ordered him to cease operating, holding inapplicable to his case a provision of 206(a) of the Motor Carrier Act, upon which he relied, whereby carriers in bona fide operation on Page 307 U. S. 149 June 1, 1935, and since are relieved from further proof of public convenience and necessity. Held that the construction of the Act in this ruling is reviewable by suit in the District Court to set aside and annul the order. P. 307 U. S. 152 . 2. Under 206(a) of the Motor Carrier Act of...
Electric Storage Battery Co. Vs. Shimadzu
Court: US Supreme Court
Decided on: Apr-17-1939
Electric Storage Battery Co. v. Shimadzu - 307 U.S. 5 (1939) U.S. Supreme Court Electric Storage Battery Co. v. Shimadzu, 307 U.S. 5 (1939) Electric Storage Battery Co. v. Shimadzu No. 441 Argued February 28, 1939 Decided April 17, 1939 307 U.S. 5 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Under R.S. 4886, a patent for an invention made but not patented or published in a foreign country is good, in a suit for infringement, against an innocent infringing use in this country for which no patent right is claimed and which began before the date of the application, but after the actual date of the invention. Pp. 307 U. S. 10 et seq. 2. R.S. 4887 contains no provision which precludes proof of facts respecting the actual date of invention in a foreign country to overcome the prior knowledge or use bar of 4886. P. 307 U. S. 12 . 3. R.S. 4923, which provides that, if the patentee, at the time of his application, believed himself the origin...
Honolulu Oil Corp. Vs. Halliburton
Court: US Supreme Court
Decided on: Apr-17-1939
Honolulu Oil Corp. v. Halliburton - 306 U.S. 550 (1939) U.S. Supreme Court Honolulu Oil Corp. v. Halliburton, 306 U.S. 550 (1939) Honolulu Oil Corp. v. Halliburton No. 466 Argued March 3, 6, 1939 Decided April 17, 1939 * 306 U.S. 550 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Claims 8 to 19 of Simmons' Patent No. 1,930,987 (claims 8 and 18 being method claims, and the others apparatus claims) for a method and apparatus for testing productivity of formations encountered in drilling oil and other deep wells by the rotary method held invalid for want of invention. Pp. 306 U. S. 559 , 306 U. S. 562 . 98 F.2d 436 reversed in part, affirmed in part. Writs of certiorari issued on cross-petitions, 305 U.S. 591, to review a decree which, reversing in part a decree of the District Court, 18 F.Supp. 58, held certain apparatus claims of a patent invalid and certain method claims valid and infringed. MR. JUSTICE BUTLER delivered the opinion of th...
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