Court : US Supreme Court
Hunter Co., Inc. v. McHugh - 320 U.S. 222 (1943) U.S. Supreme Court Hunter Co., Inc. v. McHugh, 320 U.S. 222 (1943) Hunter Co., Inc. v. McHugh No. 25 Argued October 18, 19, 1943 Decided November 8, 1943 320 U.S. 222 APPEAL FROM THE SUPREME COURT OF LOUISIANA Syllabus 1. The only order of the State Commissioner of Conservation which was before the state courts in this case having been superseded by later orders, the cause has become moot so far as it is concerned with the original order, and this Court, in reviewing on appeal the judgment of the highest court of the State, is not free to, and will not, adjudicate the constitutionality of the later orders where the state court has had no opportunity to pass upon their validity under state law or the Federal Constitution. P. 320 U. S. 226 . 2. A State has constitutional power to regulate production of oil and gas so as to prevent waste and to secure equitable apportionment among landholders of the migratory gas and oil under...
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Bell v. Preferred Life Assur. Soc'y - 320 U.S. 238 (1943) U.S. Supreme Court Bell v. Preferred Life Assur. Soc'y, 320 U.S. 238 (1943) Bell v. Preferred Life Assurance Society No. 17 Argued October 12, 13, 1943 Decided November 8, 1943 320 U.S. 238 CERTIORARI OF THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Where both actual and punitive damages are recoverable under a complaint invoking the jurisdiction of the federal district court on the ground of diversity of citizenship, each must be considered to the extent claimed in determining whether the jurisdictional amount is involved. P. 320 U. S. 240 . 2. A complaint in a federal district court, invoking jurisdiction on the ground of diversity of citizenship, alleged that the plaintiff had been induced to purchase a certificate of insurance through fraudulent misrepresentations by the defendants' agent as to the value, and claimed $200,000 as actual and punitive damages. The record showed that the plaintiff...
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Consumers Import v. Kabushiki Kaisha - 320 U.S. 249 (1943) U.S. Supreme Court Consumers Import v. Kabushiki Kaisha, 320 U.S. 249 (1943) Consumers Import v. Kabushiki Kaisha Kawasaki Zosenjo No. 32 Argued October 21, 1943 Decided November 8, 1943 320 U.S. 249 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. For damage to cargo by fire not caused by the "design or neglect" of the shipowner, the Fire Statute extinguishes claims against the vessel as well as claims against the owner. P. 320 U. S. 253 . 2. That the contracts of affreightment were signed "for master" does not require a different result. P. 320 U. S. 252 . 3. There was in this case no waiver of immunity under the Fire Statute. P. 320 U. S. 254 . 4. The Etna Maru, 33 F.2d 232, to the extent that it conflicts herewith, is disapproved. P. 320 U. S. 256 . 133 F.2d 781 affirmed. Certiorari, 319 U. S. 73 , to review the affirmance of a decree (39 F.Supp. 349) which, in a sui...
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Meredith v. Winter Haven - 320 U.S. 228 (1943) U.S. Supreme Court Meredith v. Winter Haven, 320 U.S. 228 (1943) Meredith v. Winter Haven No. 42 Argued October 22, 1943 Decided November 8, 1943 320 U.S. 228 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Where a federal court has jurisdiction of a case, though solely by diversity of citizenship, the difficulties of ascertaining what the state courts may thereafter determine the state law to be do not, in themselves, afford a sufficient ground for declining to exercise the jurisdiction. P. 320 U. S. 234 . So held in respect of a suit instituted in a federal district court in Florida, the decision of which was concerned solely with the extent of the liability of a Florida municipality upon its refunding bonds. 2. In the absence of some recognized public policy or defined principle guiding the exercise of the jurisdiction conferred, which would in Page 320 U. S. 229 exceptional cases warrant i...
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Carter v. Kubler - 320 U.S. 243 (1943) U.S. Supreme Court Carter v. Kubler, 320 U.S. 243 (1943) Carter v. Kubler No. 18 Argued October 13, 1943 Decided November 8, 1943 320 U.S. 243 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus The conciliation commissioner, making a reappraisal of the debtor's property pursuant to 75(s)(3) of the Bankruptcy Act, erred in basing the valuation partly on evidence obtained by his personal investigation without the knowledge or consent of the parties; but, in the circumstances of this case, the error was cured upon review in the District Court, which reexamined all the competent evidence introduced at the hearing before the commissioner and thereupon modified the latter's valuation. P. 320 U. S. 246 . 131 F.2d 222 affirmed. Page 320 U. S. 244 Certiorari, 318 U.S. 753, to review the affirmance, upon appeal by the debtor, of a judgment modifying an order of a conciliation commissioner. MR. JUSTICE MURPHY deliver...
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