Us Supreme Court Court February 1943 Judgments
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Robinette Vs. Helvering
Court: US Supreme Court
Decided on: Feb-15-1943
Robinette v. Helvering - 318 U.S. 184 (1943) U.S. Supreme Court Robinette v. Helvering, 318 U.S. 184 (1943) Robinette v. Helvering No. 499 Argued January 14, 1943 Decided February 15, 1943 * 318 U.S. 184 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A woman, contemplating marriage, created an irrevocable trust of property, under which she was to receive the income during her life; upon her death, her mother and stepfather were to have a life interest in the income; the remainder was to go to her issue upon their reaching the age of 21, and, in default of issue, then to whomever the last surviving life tenant should appoint by will. Her mother created 3 similar trust, reserving a life interest to herself and her husband, with a second life. interest to the daughter, and remainder to the daughter's issue. Concededly, the secondary life interests were subject to the federal gift tax. Held: 1. The remainders (after the life interests) were taxable...
United States Vs. Oklahoma Gas and Elec. Co.
Court: US Supreme Court
Decided on: Feb-15-1943
United States v. Oklahoma Gas & Elec. Co. - 318 U.S. 206 (1943) U.S. Supreme Court United States v. Oklahoma Gas & Elec. Co., 318 U.S. 206 (1943) United States v. Oklahoma Gas & Electric Co. No. 171 Argued December 9, 1942 Decided February 15, 1943 318 U.S. 206 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. A permit granted by the Secretary of the Interior under 4 of the Act of March 3, 1901, to the State of Oklahoma to open and establish a public highway over Indian allotted lands is to be construed, in the absence of any governing administrative ruling, statute, or Congressional policy to the contrary, as authorizing the State to license the erection and maintenance of a rural electric service line, a proper use of the highway under state law. P. 318 U. S. 209 . 2. The Indian allotted lands involved in this case were not within a "reservation" as used in the Acts of February 15, 1901, and March 4, 1911. P. 318 U. S. 215 . 127 F.2d 349 ...
Smith Vs. Shaughnessy
Court: US Supreme Court
Decided on: Feb-15-1943
Smith v. Shaughnessy - 318 U.S. 176 (1943) U.S. Supreme Court Smith v. Shaughnessy, 318 U.S. 176 (1943) Smith v. Shaughnessy No. 429 Argued January 14, 1943 Decided February 15, 1943 318 U.S. 176 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Under an irrevocable transfer of properly in trust, the income was to be paid to the grantor's wife for life; upon her death, the corpus was to go to the grantor, if living, or, if not, to the wife's heirs. Concededly, the wife's life interest was subject to the federal gift tax. Held that the remainder interest, less the value of the grantor's reversionary interest, was subject to the gift tax imposed by 501, 506 of the Revenue Act of 1932. P. 318 U. S. 180 . 2. The gift tax under the Revenue Act of 1932 amounts in some instances to a security for the payment eventually of the federal estate tax; it is in no sense double taxation. P. 318 U. S. 179 . 3. The language of the provision of the Revenu...
Leishman Vs. Association Wholesale Elec. Co.
Court: US Supreme Court
Decided on: Feb-15-1943
Leishman v. Association Wholesale Elec. Co. - 318 U.S. 203 (1943) U.S. Supreme Court Leishman v. Association Wholesale Elec. Co., 318 U.S. 203 (1943) Leishman v. Association Wholesale Electric Co. No. 332 Argued February 2, 1943 Decided February 15, 1943 318 U.S. 203 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Where a motion under Rule 52(b) of the Rules of Civil Procedure (made within an enlargement of time under Rule 6(b)) to amend and supplement the findings and conclusions relates to matters of substance and would, if granted, require an amendment of the judgment to conform thereto, even though amendment of the judgment was not specifically requested, the time for taking an appeal from the judgment (28 U.S.C. 230) runs from the date of the order disposing of the motion. P. 318 U. S. 205 . 2. Rule 59 of the Rules of Civil Procedure, relating to new trials, held inapplicable. P. 318 U. S. 206 . 128 F.2d 204 reversed. Certiorari, ...
Johnson Vs. United States
Court: US Supreme Court
Decided on: Feb-15-1943
Johnson v. United States - 318 U.S. 189 (1943) U.S. Supreme Court Johnson v. United States, 318 U.S. 189 (1943) Johnson v. United States No. 273 Argued January 15, 1943 Decided February 15, 1943 318 U.S. 189 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Where a defendant in a criminal prosecution in a federal court voluntarily testifies, and upon cross-examination asserts a claim of privilege against self-incrimination which the court unqualifiedly grants, albeit mistakenly, it is error for the court thereafter to permit the prosecutor to comment upon the claim of privilege and to permit the jury to draw any inference therefrom if, as here, it can be said that the defendant's choice of claiming or waiving the privilege would have been materially affected had he known that the claim, though granted, would be used to his prejudice. P. 318 U. S. 196 . 2. Objection to the prosecutor's comment on an allowed claim of privilege in this case was ex...
Rfc Vs. Bankers Trust Co.
Court: US Supreme Court
Decided on: Feb-08-1943
RFC v. Bankers Trust Co. - 318 U.S. 163 (1943) U.S. Supreme Court RFC v. Bankers Trust Co., 318 U.S. 163 (1943) Reconstruction Finance Corporation v. Bankers Trust Co. Nos. 387-388 Argued January 8, 1943 Decided February 8, 1943 318 U.S. 163 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The term "debtor's estate" as used in 77(c)(12) of the Bankruptcy Act embraces cash deposited with an indenture trustee. P. 318 U. S. 167 . 2. The services and expenses of the indenture trustee in this case were rendered and incurred "in connection with the proceedings and plan" of reorganization, within the meaning of 77(c)(12) of the Bankruptcy Act. P. 318 U. S. 167 . 3. Section 77(c)(12) of the Bankruptcy Act, which authorize, within such maximum as may be fixed by the Interstate Commerce Commission, an allowance out of the debtor's estate for reasonable expenses incurred in connection with the proceedings and plan of reorganization, and for reasona...
C. J. Hendry Co. Vs. Moore
Court: US Supreme Court
Decided on: Feb-08-1943
C. J. Hendry Co. v. Moore - 318 U.S. 133 (1943) U.S. Supreme Court C. J. Hendry Co. v. Moore, 318 U.S. 133 (1943) C. J. Hendry Co. v. Moore No. 60 Argued November 10, 1942 Decided February 8, 1943 318 U.S. 133 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus L. Forfeiture by procedure in rem of a net which, while being used by a fishing vessel in navigable coastal waters of a State, had been seized for violation of a law of the State forbidding fishing by net in those waters, is "a common law remedy" which "the common law is competent to give," within the statutory exception to the exclusive jurisdiction in admiralty conferred on district courts of the United States by 9 of the Judiciary Act of 1789, and the State may provide for such forfeiture in a proceeding in a state court. Pp. 318 U. S. 134 , 318 U. S. 153 . 2. The common law, as received in this country at the time of the adoption of the Constitution, gave a remedy in rem in cases of forfeiture. P. 31...
Mandeville Vs. Canterbury
Court: US Supreme Court
Decided on: Feb-01-1943
Mandeville v. Canterbury - 318 U.S. 47 (1943) U.S. Supreme Court Mandeville v. Canterbury, 318 U.S. 47 (1943) Mandeville v. Canterbury No. 422 Argued January 13, 1943 Decided February 1, 1943 318 U.S. 47 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus A federal District Court having jurisdiction, by diversity of citizenship, of a suit wherein the complainant, claiming an interest in a trust estate created under a will, seeks to have the will construed and prays a decree determining the complainant's rights in the trust property and directing the trustees to account and to turn over to the complainant her share in the trust property, is precluded by 265 of the Judicial Code from enjoining subsequent proceedings in State courts of other States wherein are sought adjudications of the rights of the parties in land belonging to the trust and located in such other States. P. 318 U. S. 49 . 30 F.2d 208 reversed. Certiorari, 317 U.S. 616, to review ...
Ziffrin, Inc. Vs. United States
Court: US Supreme Court
Decided on: Feb-01-1943
Ziffrin, Inc. v. United States - 318 U.S. 73 (1943) U.S. Supreme Court Ziffrin, Inc. v. United States, 318 U.S. 73 (1943) Ziffrin, Inc. v. United States No. 245 Argued December 16, 1942 Decided February 1, 1943 318 U.S. 73 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF INDIANA Syllabus At the time of the filing of an application to the Interstate Commerce Commission for a permit under the "grandfather clause" of 209(a) of the Interstate Commerce Act to continue designated contract carrier operations, and at the time of the hearing by the Commission on the application, 210 of the Act provided that a certificate as a common carrier and a permit as a contract carrier could not be held by the same carrier except upon a finding by the Commission of consistency with the public interest. Prior to the Commission's decision on the application, 210 was amended to provide that, without a similar finding, a certificate as a common carrier and a perm...
Overstreet Vs. North Shore Corp.
Court: US Supreme Court
Decided on: Feb-01-1943
Overstreet v. North Shore Corp. - 318 U.S. 125 (1943) U.S. Supreme Court Overstreet v. North Shore Corp., 318 U.S. 125 (1943) Overstreet v. North Shore Corporation No. 284 Argued January 11, 1943 Decided February 1, 1943 318 U.S. 125 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The Fair Labor Standards Act is applicable to employees who are engaged in interstate commerce, but not to those whose activities merely affect interstate commerce. P. 318 U. S. 128 . 2. The Fair Labor Standards Act is applicable to employees (of a private corporation) who are engaged in the operation and maintenance of a drawbridge which is part of a toll road used extensively by persons and vehicles traveling in interstate commerce, and which spans an intercoastal waterway used in interstate commerce. P. 318 U. S. 130 . So held as to one employee who attended to the raising and lowering of the bridge; another who was engaged in the maintenance and repair of t...
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