Us Supreme Court Court January 1947 Judgments
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Morris Vs. Jones
Court: US Supreme Court
Decided on: Jan-20-1947
Morris v. Jones - 329 U.S. 545 (1947) U.S. Supreme Court Morris v. Jones, 329 U.S. 545 (1947) Morris v. Jones No. 62 Argued December 9, 10, 1946 Decided January 20, 1947 329 U.S. 545 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus An unincorporated association was authorized by Illinois to transact an insurance business there and in other States. It qualified to do business in Missouri. Petitioner sued the association in a Missouri court. Subsequently, but before judgment was obtained in Missouri, an Illinois court appointed a liquidator for the association, and issued an order staying suits against it. All assets of the association vested in the liquidator. With notice of the stay order, petitioner continued to prosecute the Missouri suit, but counsel for the association withdrew, and did not defend it. Petitioner obtained a judgment against the association in Missouri, and filed a copy as proof of his claim in the Illinois proceedings. An order disallowing the claim w...
Parker Vs. Fleming
Court: US Supreme Court
Decided on: Jan-20-1947
Parker v. Fleming - 329 U.S. 531 (1947) U.S. Supreme Court Parker v. Fleming, 329 U.S. 531 (1947) Parker v. Fleming No. 80 Argued December 18, 1946 Decided January 20, 1947 329 U.S. 531 CERTIORARI TO THE EMERGENCY COURT OF APPEALS Syllabus Under rent regulations promulgated pursuant to the Emergency Price Control Act, the Price Administrator issued an order granting to landlords of residential properties special certificates authorizing eviction proceedings. Held: the tenants were "subject to" the order, within the meaning of 203(a) of the Act, and had a right to file a protest with the Administrator, and were entitled, under 204(a) of the Act, to judicial review of the Administrator's dismissal of their protest. Pp. 329 U. S. 533 , 329 U. S. 538 . 154 F.2d 830 reversed. The Price Administrator dismissed petitioners' protest against an order issued by him under rent regulations promulgated pursuant to the Emergency Price Control Act. The Emergency Court of Appeals ...
United States Vs. Thayer-west Point Hotel Co.
Court: US Supreme Court
Decided on: Jan-20-1947
United States v. Thayer-West Point Hotel Co. - 329 U.S. 585 (1947) U.S. Supreme Court United States v. Thayer-West Point Hotel Co., 329 U.S. 585 (1947) United States v. Thayer-West Point Hotel Co. No. 106 Argued December 20, 1946 Decided January 20, 1947 329 U.S. 585 CERTIORARI TO THE COURT OF CLAIM Syllabus The Act of March 30, 1920 authorized the Secretary of War to lease land on a military reservation for the construction and operation of a hotel. The Act provided that the lease should contain a provision for "just compensation" to the lessee for the construction of the hotel, etc., upon termination of the lease. A lease was entered into pursuant to the Act; the hotel was constructed and operated for a time. Later the Secretary cancelled the lease. Held: 1. The Court of Claims is precluded by 177(a) of the Judicial Code from including interest in its award of "just compensation" upon the claim of the lessee, since the case was not one of eminent domain, and neither the...
Gardner Vs. New Jersey
Court: US Supreme Court
Decided on: Jan-20-1947
Gardner v. New Jersey - 329 U.S. 565 (1947) U.S. Supreme Court Gardner v. New Jersey, 329 U.S. 565 (1947) Gardner v. New Jersey No. 92 Argued December 20, 1946 Decided January 20, 1947 329 U.S. 565 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A railroad petitioned for reorganization under 77 of the Bankruptcy Act after New Jersey taxes had accrued against it in an aggregate amount exceeding the value of its liquid assets and extensive litigation over the tax assessments had resulted adversely to it. The state comptroller filed on behalf of the State a claim for taxes, plus interest, claiming that, under the state law, the sums owed were secured by "a lien paramount to all other liens upon all the lands and tangible property and franchises of the company in this State." Objections to the claim were filed by the debtor, the trustee, security holders, and an indenture trustee, who claimed, inter alia, that the debtor's property was grossly overv...
Anderson Vs. Yungkau
Court: US Supreme Court
Decided on: Jan-13-1947
Anderson v. Yungkau - 329 U.S. 482 (1947) U.S. Supreme Court Anderson v. Yungkau, 329 U.S. 482 (1947) Anderson v. Yungkau No. 87 Argued December 19, 20, 1946 Decided January 13, 1947 329 U.S. 482 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Rule 25(a) of the Federal Rules of Civil Procedure provides that, "If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party." Held: more than two years after the deaths of defendants, actions may not be revived and their representatives substituted, and the actions should be dismissed -- even though the failure to act within the specified period was the result of "excusable neglect" within the meaning of Rule 6(b). Pp. 329 U. S. 484 -486. 153 F.2d 685 affirmed. The District Court denied motions to revive certain actions against c...
Louisiana Ex Rel. Francis Vs. Resweber
Court: US Supreme Court
Decided on: Jan-13-1947
Louisiana ex rel. Francis v. Resweber - 329 U.S. 459 (1947) U.S. Supreme Court Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) Louisiana ex rel. Francis v. Resweber No. 142 Argued November 18, 1946 Decided January 13, 1947 329 U.S. 459 CERTIORARI TO THE SUPREME COURT OF LOUISIANA Syllabus Petitioner was convicted in a state court of murder and sentenced to be electrocuted. A warrant for his execution was duly issued. He was prepared for electrocution, placed in the electric chair and subjected to a shock which was intended to cause his death, but which failed to do so, presumably because of some mechanical difficulty. He was removed from the chair and returned to prison; but another warrant for his execution at a later date was issued. Held: 1. Assuming, but not deciding, that violations of the principles of the double jeopardy provision of the Fifth Amendment and the cruel and unusual punishment provision of the Eighth Amendment would violate the due process cl...
Order of Railway Conductors Vs. Swan
Court: US Supreme Court
Decided on: Jan-13-1947
Order of Railway Conductors v. Swan - 329 U.S. 520 (1947) U.S. Supreme Court Order of Railway Conductors v. Swan, 329 U.S. 520 (1947) Order of Railway Conductors of America v. Swan No. 63 Argued December 10, 11, 1946 Decided January 13, 1947 * 329 U.S. 520 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Members of the First and Fourth Divisions of the National Railroad Adjustment Board were evenly divided, in each division, as to whether, under the Railway Labor Act, their division has jurisdiction of disputes involving yardmasters. It was conceded that neither the Second nor the Third Division has jurisdiction of such disputes. No settlement of such disputes was possible in these circumstances. Held: the federal courts have jurisdiction under Judicial Code 274d of a suit by interested parties for a declaratory judgment to determine which division of the Board has jurisdiction of such disputes. Switchmen's Union v. Mediation Board, 320 U...
Hickman Vs. Taylor
Court: US Supreme Court
Decided on: Jan-13-1947
Hickman v. Taylor - 329 U.S. 495 (1947) U.S. Supreme Court Hickman v. Taylor, 329 U.S. 495 (1947) Hickman v. Taylor No. 47 Argued November 13, 1946 Decided January 13, 1947 329 U.S. 495 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Under the Federal Rules of Civil Procedure, plaintiff in a suit in a federal district court against certain tug owners to recover for the death of a seaman in the sinking of the tug filed numerous interrogatories directed to the defendants, including one inquiring whether any statements of members of the crew were taken in connection with the accident and requesting that exact copies of all such written statements be attached and that the defendant "set forth in detail the exact provisions of any such oral statements or reports." There was no showing of necessity or other justification for these requests. A public hearing had been held before the United States Steamboat Inspectors at which the survivors of the accident...
Jesionowski Vs. Boston and Maine Railroad
Court: US Supreme Court
Decided on: Jan-13-1947
Jesionowski v. Boston & Maine Railroad - 329 U.S. 452 (1947) U.S. Supreme Court Jesionowski v. Boston & Maine Railroad, 329 U.S. 452 (1947) Jesionowski v. Boston & Maine Railroad No. 88 Argued December 16, 1946 Decided January 13, 1947 329 U.S. 452 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus In an action against a railroad in a federal district court under the Federal Employers' Liability Act to recover damages for the death of a brakeman resulting from the derailment of certain cars, the evidence showed that he threw a switch and signaled the engineer to back the cars, which were being switched from a main line to a siding. There was evidence tending to show that he negligently threw the switch while the lead car straddled it, which might have caused the derailment. Other evidence tended to show that, when the derailment occurred, splinters and planks were thrown into the air near a frog (75 feet from the switch) which could have caused the de...
Board of Governors Vs. Agnew
Court: US Supreme Court
Decided on: Jan-06-1947
Board of Governors v. Agnew - 329 U.S. 441 (1947) U.S. Supreme Court Board of Governors v. Agnew, 329 U.S. 441 (1947) Board of Governors v. Agnew of Federal Reserve System No. 66 Argued December 10, 1946 Decided January 6, 1947 329 U.S. 441 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. An order issued under 30 of the Banking Act of 1933 by the Board of Governors of the Federal Reserve System removing a director of a national bank from office for continuing violations of law after having been warned to desist is subject to judicial review, and a district court is authorized to enjoin the removal if the Board acts beyond the limits of its statutory authority. P. 329 U. S. 444 . 2. Section 32 of the Banking Act of 1933 prohibits, inter alia, any employee of any partnership "primarily engaged" in the underwriting or distribution of securities from serving at the same time as director of a member bank of the Federal Reserve Syste...
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