Us Supreme Court Court February 1941 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smith Vs. O'Grady
Court: US Supreme Court
Decided on: Feb-17-1941
Smith v. O'Grady - 312 U.S. 329 (1941) U.S. Supreme Court Smith v. O'Grady, 312 U.S. 329 (1941) Smith v. O'Grady No. 364 Argued January 17, 1941 Decided February 17, 1941 312 U.S. 329 CERTIORARI TO THE SUPREME COURT OF NEBRASKA Syllabus 1. The remedy by habeas corpus is available in the courts of Nebraska for determining whether the petitioner's incarceration is in violation of the Federal Constitution. P. 312 U. S. 331 . 2. A petition for habeas corps alleging facts showing a case of incarceration for a serious offense, resulting from a plea of guilty into the making of which the petitioner, an uneducated man unaided Page 312 U. S. 330 by counsel, was tricked by state officer, states a cause of action under the due process clause of the Fourteenth amendment. P. 312 U. S. 334 . Reversed. Certiorari, 311 U.S. 633, to review the affirmance of a judgment dismissing an application for writ of habeas corpus. MR. JUSTICE BLACK delivered the opinion of the Court. The que...
Ftc Vs. Bunte Bros., Inc.
Court: US Supreme Court
Decided on: Feb-17-1941
FTC v. Bunte Bros., Inc. - 312 U.S. 349 (1941) U.S. Supreme Court FTC v. Bunte Bros., Inc., 312 U.S. 349 (1941) Federal Trade Commission v. Bunte Brothers, Inc. No. 85 Argued January 6, 1941 Decided February 17, 1941 312 U.S. 349 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. The Federal Trade Commission is without authority under 5 of the Federal Trade Commission Act to prevent a candy manufacturer within a State from selling, wholly within that State, candy in so-called "break and take" assortments. P. 312 U. S. 350 . 2. Such selling is not a method of competition "in [interstate] commerce" within the meaning of the Act, and therefore not within the jurisdiction of the Commission, even though it be in competition with and affect the sales of out-of-state manufacturers who are barred from selling "break and take" assortments in interstate commerce as an unfair method of competition. P. 312 U. S. 351 . 3. The phrase "unfair methods of ...
Warszower Vs. United States
Court: US Supreme Court
Decided on: Feb-17-1941
Warszower v. United States - 312 U.S. 342 (1941) U.S. Supreme Court Warszower v. United States, 312 U.S. 342 (1941) Warszower v. United States No. 338 Argued January 16, 17, 1941 Decided February 17, 1941 312 U.S. 342 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A citizen of the United States who willfully and knowingly uses a United States passport which was secured by a false statement, is guilty of an offense under 2 of the Passport Title of the Act of June 15, 1917, when the use was for the purpose of establishing his identity and citizenship and consequent right to reenter this country from abroad. Browder v. United States, ante, p. 312 U. S. 335 . P. 312 U. S. 343 . 2. Evidence consisting of a ship's manifest of incoming United States citizens with their names and the numbers of their respective passports, and the testimony of an immigration inspector as to his practice of examining the passports in such cases, checking their n...
Browder Vs. United States
Court: US Supreme Court
Decided on: Feb-17-1941
Browder v. United States - 312 U.S. 335 (1941) U.S. Supreme Court Browder v. United States, 312 U.S. 335 (1941) Browder v. United States No. 287 Argued January 16, 1941 Decided February 17, 1941 312 U.S. 335 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A citizen of the United States who willfully and knowingly uses a United States passport which was secured by a false statement is guilty of an offense under 2 of the Passport Title of the Act of June 15, 1917, when the use was for the purpose of establishing his identity and citizenship and consequent right to reenter this country from abroad. P. 312 U. S. 337 . 2. The term "willful" often denotes an intentional, as distinguished from an accidental, act. P. 312 U. S. 342 . 113 F.2d 97 affirmed. Certiorari, 311 U.S. 631, to review the affirmance of a sentence on two counts of an indictment. MR. JUSTICE REED delivered the opinion of the Court. The question is whether the use by an Ame...
Nelson Vs. Montgomery Ward and Co., Inc.
Court: US Supreme Court
Decided on: Feb-17-1941
Nelson v. Montgomery Ward & Co., Inc. - 312 U.S. 373 (1941) U.S. Supreme Court Nelson v. Montgomery Ward & Co., Inc., 312 U.S. 373 (1941) Nelson v. Montgomery Ward & Co., Inc. No. 256 Argued January 13, 14, 1941 Decided February 17, 1941 312 U.S. 373 CERTIORARI TO THE SUPREME COURT OF IOWA Syllabus 1. A foreign corporation which maintained retail stores in Iowa, and also solicited mail orders in that State by local advertising, may constitutionally be required to collect the tax imposed by the Iowa Use Tax Act in respect of mail orders sent by Iowa purchasers to out of state branches of the corporation and filled by direct shipment by mail or common carrier from such branches to the purchasers. Nelson v. Sears, Roebuck & Co., ante, p. 312 U. S. 359 . P. 312 U. S. 375 . 2. The effect of admitted facts is a question of law. P. 312 U. S. 376 . 228 Iowa 1301, 292 N.W. 142, reversed. Certiorari, 311 U.S. 630, to review the affirmance by the state supreme court of a dec...
Nelson Vs. Sears, Roebuck and Co.
Court: US Supreme Court
Decided on: Feb-17-1941
Nelson v. Sears, Roebuck & Co. - 312 U.S. 359 (1941) U.S. Supreme Court Nelson v. Sears, Roebuck & Co., 312 U.S. 359 (1941) Nelson v. Sears, Roebuck & Co. No. 255 Argued January 13, 14, 1941 Decided February 17, 1941 312 U.S. 359 CERTIORARI TO THE SUPREME COURT OF IOWA Syllabus The Iowa Use Tax Act, complementing a sales tax, requires every retailer maintaining a place of business within the State, at the time of making sales of tangible personal property for use within the State, to collect from the purchaser the tax imposed. The amount required to be collected is made a "debt" of the retailer to the State. Failure to collect the tax subjects a foreign corporation to revocation of its permit to do business within the State. Held that a foreign corporation which maintained retail stores in Iowa may constitutionally be required to collect the tax in respect of mail orders, sent by Iowa purchasers to out-of-state branches of the corporation and filled by direct shipment by m...
Kelleam Vs. Maryland Cas. Co.
Court: US Supreme Court
Decided on: Feb-17-1941
Kelleam v. Maryland Cas. Co. - 312 U.S. 377 (1941) U.S. Supreme Court Kelleam v. Maryland Cas. Co., 312 U.S. 377 (1941) Kelleam v. Maryland Casualty Co of Baltimore, Md. No. 349 Argued February 5, 1941 Decided February 17, 1941 312 U.S. 377 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. A federal court of equity should not grant a receivership except as ancillary to some primary relief which is sought and which equity may appropriately grant. P. 312 U. S. 380 . 2. The reasons for such restraint are reinforced where the rights to the property sought to be conserved by a receivership are being litigated in a state court. P. 312 U. S. 381 . 3. A remedial right to proceed in a federal court sitting in equity cannot be enlarged by a state statute. P. 312 U. S. 382 . 4. After an estate had been distributed to heirs and the administrator and his surety discharged by a decree of a state probate court, and while an appeal by other heirs from a ...
Milk Wagon Drivers Vs. Meadowmoor Dairies, Inc.
Court: US Supreme Court
Decided on: Feb-10-1941
Milk Wagon Drivers v. Meadowmoor Dairies, Inc. - 312 U.S. 287 (1941) U.S. Supreme Court Milk Wagon Drivers v. Meadowmoor Dairies, Inc., 312 U.S. 287 (1941) Milk Wagon Drivers Union of Chicago, Local 753 v. Meadowmoor Dairies, Inc. No. 1 Argued December 13, 16, 1940 Decided February 10, 1941 312 U.S. 287 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus 1. A State is at liberty under the Fourteenth Amendment to use injunctive powers vested in its courts for the prevention of violence by labor unions in industrial disputes. P. 312 U. S. 292 . 2. And where the controversy is attended by peaceful picketing and by acts of violence, and the violence has been such that continuation of the picketing will operate coercively by exciting fear that violence will be resumed, an injunction by a state court forbidding the picketing as well as the violence does not infringe the Fourteenth Amendment. P. 312 U. S. 294 . 3. The master in the state court found "intimidation of the cus...
Walker Vs. Johnston
Court: US Supreme Court
Decided on: Feb-10-1941
Walker v. Johnston - 312 U.S. 275 (1941) U.S. Supreme Court Walker v. Johnston, 312 U.S. 275 (1941) Walker v. Johnston No. 173 Argued January 15, 1941 Decided February 10, 1941 312 U.S. 275 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Under the statute governing habeas corpus, the writ may be denied if, upon the face of the petition, it appears that the petitioner is not entitled to it. P. 312 U. S. 284 . 2. The practice of issuing an order to show cause and permitting the relator to reply to the respondent's return, thus avoiding useless issuance of the writ and production of the prisoner and witnesses in cases where it appears upon the face of the papers that no material issue of fact is involved and that, as a matter of law, no cause for granting the writ exists, is a settled practice permitted by the statute. P. 312 U. S. 284 . 3. Where the petition and traverse, on the one hand, and the return, on the other, raise substantial issue...
American Federation of Labor Vs. Swing
Court: US Supreme Court
Decided on: Feb-10-1941
American Federation of Labor v. Swing - 312 U.S. 321 (1941) U.S. Supreme Court American Federation of Labor v. Swing, 312 U.S. 321 (1941) American Federation of Labor v. Swing No. 56 Argued December 13, 1940 Decided February 10, 1941 312 U.S. 321 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus The constitutional guarantee of freedom of discussion is infringed by the common law policy of a State limiting peaceful picketing by labor unions to cases in which the controversy is between the employer and his own employees. Pp. 312 U. S. 323 , 312 U. S. 325 . 372 Ill. 91, 22 N.E.2d 857, reversed. Certiorari, 310 U.S. 620, to review the affirmance of a decree of the Appellate Court of Illinois, 298 Ill.App. 63, 18 N.E.2d 258, which directed an injunction against picketing of a beauty shop by a labor union. The plaintiffs were the proprietor Swing and his employees. Page 312 U. S. 323 MR. JUSTICE FRANKFURTER delivered the opinion of the Court. In Milk Wagon Drivers Uni...
- ‹ Prev
- 2
- 3
- Next ›
- Last »