Us Supreme Court Court February 1940 Judgments
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Russell Vs. Todd
Court: US Supreme Court
Decided on: Feb-26-1940
Russell v. Todd - 309 U.S. 280 (1940) U.S. Supreme Court Russell v. Todd, 309 U.S. 280 (1940) Russell v. Todd No. 329 Argued January 12, 1940 Decided February 26, 1940 309 U.S. 280 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The shareholders' liability, "equally and ratably," for the debts of a joint stock land bank, under 16 of the Federal Farm Loan Act, is enforceable only by a single representative suit in equity in behalf of all the creditors, in which the existence and extent of insolvency, and the ratable shares of the contribution by shareholders, can be ascertained and an equitable distribution made of the fund recovered. P. 309 U. S. 285 . The suit is not any the less in equity because it turns out that the liability of the shareholders equals the full par value of their stock. P. 309 U. S. 286 . 2. The test of the inadequacy of the legal remedy prerequisite to resort to a federal court of equity is the legal remedy which fe...
Mayo Vs. Lakeland Highlands Canning Co.
Court: US Supreme Court
Decided on: Feb-26-1940
Mayo v. Lakeland Highlands Canning Co. - 309 U.S. 310 (1940) U.S. Supreme Court Mayo v. Lakeland Highlands Canning Co., 309 U.S. 310 (1940) Mayo v. Lakeland Highlands Canning Co. No. 270 Argued January 12, 1940 Decided February 26, 1940 309 U.S. 310 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA Syllabus Canners of citrus fruits operating in Florida, some of them domiciled in other States, sued to enjoin an official from enforcing an order made under color of a Florida statute and purporting to fix the price to be paid the grower for grapefruit, the bill alleging unconstitutionality of the statute, invalidity of the order for failure to comply with the statutory requirements, and threat of irreparable injury. Held: 1. That, upon application under Jud.Code 266, heard upon the bill, affidavits, and other evidence, the question before the District Court was not whether the Act was constitutional or unconstitutional, nor whether ther...
Helvering Vs. Kehoe
Court: US Supreme Court
Decided on: Feb-26-1940
Helvering v. Kehoe - 309 U.S. 277 (1940) U.S. Supreme Court Helvering v. Kehoe, 309 U.S. 277 (1940) Helvering v. Kehoe No. 419 Argued February 7, 8, 1940 Decided February 26, 1940 309 U.S. 277 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A conclusion of fact by the Board of Tax Appeals supported by substantial evidence binds the Circuit Court of Appeals. P. 309 U. S. 279 . 105 F.2d 552, reversed. Certiorari, 308 U.S. 543, to review a judgment reversing a decision of the Board of Tax Appeals sustaining a ruling of the Commissioner of Internal Revenue. Page 309 U. S. 278 MR. JUSTICE McREYNOLDS delivered the opinion of the Court. Respondent Kehoe, in 1926, made an income tax return for 1925 and paid the amount computed thereon. In 1927, after inquiry concerning his affairs, the Commissioner assessed and collected an additional sum. Respondent waived appeal to the Board of Tax Appeals and became party to a closing agreement under section 1106...
Germantown Trust Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-26-1940
Germantown Trust Co. v. Commissioner - 309 U.S. 304 (1940) U.S. Supreme Court Germantown Trust Co. v. Commissioner, 309 U.S. 304 (1940) Germantown Trust Co. v. Commissioner No. 462 Argued February 8, 1940 Decided February 26, 1940 309 U.S. 304 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A trust company, which held and administered a fund enabling its patrons to invest small amounts in securities, filed with a collector for the district where it conducted its business a fiduciary return setting forth the gross income of the fund, deductions, net income, etc. -- all the information necessary to the calculation of any tax that might be due -- and attached a list of the beneficiaries of the fund and their shares of the income. The beneficiaries included these shares in their individual returns. The Commissioner made an additional return for the fund and assessed a deficiency which the Board of Tax Appeals set aside as too late. Held: 1. The venue...
Fischer Vs. Pauline Oil and Gas Co.
Court: US Supreme Court
Decided on: Feb-26-1940
Fischer v. Pauline Oil & Gas Co. - 309 U.S. 294 (1940) U.S. Supreme Court Fischer v. Pauline Oil & Gas Co., 309 U.S. 294 (1940) Fischer v. Pauline Oil & Gas Co. No. 239 Submitted December 12, 1939 Decided February 26, 1940 309 U.S. 294 CERTIORARI TO THE SUPREME COURT OF OKLAHOMA Syllabus 1. Where a state supreme court bases its judgment exclusively upon its construction of a federal statute, expressly declining to consider an alternative local ground, the judgment is reviewable by this Court. P. 309 U. S. 296 . Page 309 U. S. 295 2. Section 67(f) of the Bankruptcy Act does not intend that an adjudication of bankruptcy shall operate, automatically and irrespective of any action on the part of the trustee, to discharge an execution lien obtained within four months prior to the filing of the petition in bankruptcy. P. 309 U. S. 300 . The section is intended for the benefit of creditors of the bankrupt, and therefore does not avoid liens as against all the world, but only...
Utility Workers Vs. Consolidated Edison Co.
Court: US Supreme Court
Decided on: Feb-26-1940
Utility Workers v. Consolidated Edison Co. - 309 U.S. 261 (1940) U.S. Supreme Court Utility Workers v. Consolidated Edison Co., 309 U.S. 261 (1940) Amalgamated Utility Workers v. Consolidated Edison Co. No. 342 Argued January 31, 1940 Decided February 26, 1940 309 U.S. 261 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under the National Labor Relations Act, the authority to apply to the Circuit Court of Appeals to have an employer adjudged in contempt for failure to obey a decree enforcing an order of the National Labor Relations Board lies exclusively in the Board itself, acting as a public agency. A labor organization has no standing to make such an application in virtue of having filed the charges upon which the Board's proceedings were initiated. P. 309 U. S. 269 . 106 F.2d 991 affirmed. Certiorari, 308 U.S. 541, to review the denial of an application for a contempt order. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. Th...
Helvering Vs. Clifford
Court: US Supreme Court
Decided on: Feb-26-1940
Helvering v. Clifford - 309 U.S. 331 (1940) U.S. Supreme Court Helvering v. Clifford, 309 U.S. 331 (1940) Helvering v. Clifford No. 383 Argued February 5, 1940 Decided February 26, 1940 309 U.S. 331 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A husband who declared himself trustee of certain securities for the term of five years, to pay to his wife the income accruing during that period, but retained in himself the right to accumulate income, and, with insignificant exceptions, the complete control over the principal fund -- its conversion, investment, reinvestment, etc. -- and the reversion of the Corpus at the end of the term, may properly be found by the federal taxing authorities to be owner of the fund, within the intent of 22(a) of the Revenue Act of 1934, notwithstanding the trust, and taxable on the trust income as part of his personal income. P. 309 U. S. 335 . Where the benefits directly or indirectly retained blend so imperce...
South Chicago Coal and Dock Co. Vs. Bassett
Court: US Supreme Court
Decided on: Feb-26-1940
South Chicago Coal & Dock Co. v. Bassett - 309 U.S. 251 (1940) U.S. Supreme Court South Chicago Coal & Dock Co. v. Bassett, 309 U.S. 251 (1940) South Chicago Coal & Dock Co. v. Bassett No. 262 Argued January 11, 1940 Decided February 26, 1940 309 U.S. 251 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus 1. In providing by the Longshoremen's and Harbor Workers' Act for payment by employers of compensation for injuries or death suffered by employees engaged in maritime employment on vessels in navigable waters, Congress exerted its constitutional power to modify the admiralty law. P. 309 U. S. 256 . Page 309 U. S. 252 2. The classification excepting from the Act a "master or member of a crew of any vessel," 3(a)(1), was within that power. P. 309 U. S. 256 . 3. The Act applies to those who serve on vessels as laborers, whose work is of the sort performed by longshoremen and harbor workers, and who are thus distinguished from those employees ...
Cobbledick Vs. United States
Court: US Supreme Court
Decided on: Feb-26-1940
Cobbledick v. United States - 309 U.S. 323 (1940) U.S. Supreme Court Cobbledick v. United States, 309 U.S. 323 (1940) Cobbledick v. United States No. 571 Argued January 30, 1940 Decided February 26, 1940 309 U.S. 323 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus An order of the District Court denying a motion to quash a subpoena duces tecum requiring one to appear with papers and testify before a grand jury is not a "final decision" within the meaning of Jud.Code 128(a). Pp. 309 U. S. 324 , 309 U. S. 330 . 107 F.2d 975, affirmed. CERTIORARI, 308 U.S. 547, to review judgments dismissing, for want of jurisdiction, appeals from orders denying motions to quash subpoenas duces tecum. Page 309 U. S. 324 Opinion of the Court by MR. JUSTICE FRANKFURTER, announced by the CHIEF JUSTICE. The District Court for the Northern District of California denied motion to quash subpoenas duces tecum addressed to the petitioner and directing them to appe...
Minnesota Ex Rel. Pearson Vs. Probate Court
Court: US Supreme Court
Decided on: Feb-26-1940
Minnesota ex Rel. Pearson v. Probate Court - 309 U.S. 270 (1940) U.S. Supreme Court Minnesota ex Rel. Pearson v. Probate Court, 309 U.S. 270 (1940) Minnesota ex Rel. Pearson v. Probate Court of Ramsey County No. 394 Argued February 6, 7, 1940 Decided February 26, 1940 309 U.S. 270 APPEAL FROM THE SUPREME COURT OF MINNESOTA Syllabus Under a Minnesota statute, a person may be subjected to a proceeding akin to lunacy proceedings with a view to his restraint if proven to be of a "psychopathic personality." In a prohibition proceeding, the State Supreme Court construed the statute as intended to include those persons who, by a habitual course of misconduct in sexual matters, have evidenced an utter lack of power to control their sexual impulses and who, as a result, are likely to attack or otherwise inflict injury, loss, pain or other evil Page 309 U. S. 271 on the objects of their uncontrolled and uncontrollable desire, and upheld the statute and quashed the alternative writ....
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