Us Supreme Court Court February 1948 Judgments
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Funk Brothers Seed Co. Vs. Kalo Inoculant Co.
Court: US Supreme Court
Decided on: Feb-16-1948
Funk Brothers Seed Co. v. Kalo Inoculant Co. - 333 U.S. 127 (1948) U.S. Supreme Court Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948) Funk Brothers Seed Co. v. Kalo Inoculant Co. No. 280 Argued January 13, 1948 Decided February 16, 1948 333 U.S. 127 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Certain product claims of Bond Patent No. 2,200,532, on certain mixed cultures of root-nodule bacteria capable of inoculating the seeds of leguminous plants belonging to several cross-inoculation groups, held invalid for want of invention. Pp. 333 U. S. 128 -132. 2. Discovery of the fact that certain strains of each species of these bacteria can be mixed without harmful effect on the properties of either is not patentable, since it is no more than the discovery of a phenomenon of nature. P. 333 U. S. 131 . 3. The application of this newly discovered natural principle to the problem of packaging inoculants was not invention or ...
Seaboard Air Line R. Co. Vs. Daniel
Court: US Supreme Court
Decided on: Feb-16-1948
Seaboard Air Line R. Co. v. Daniel - 333 U.S. 118 (1948) U.S. Supreme Court Seaboard Air Line R. Co. v. Daniel, 333 U.S. 118 (1948) Seaboard Air Line Railroad Co. v. Daniel No. 390 Argued January 8, 1948 Decided February 16, 1948 333 U.S. 118 APPEAL FROM THE SUPREME COURT OF SOUTH CAROLINA Syllabus In a railroad reorganization under 5 of the Interstate Commerce Act, as amended by the Transportation Act of 1940, a Virginia corporation, with the approval of the Interstate Commerce Commission, succeeded to the ownership and operation of a unitary railroad system in six states, including South Carolina. In granting its approval, the Commission found that, for the corporation to comply with the laws of South Carolina forbidding the ownership and operation of railroads in the State by foreign corporations would result in "substantial delay and needless expense," and "would not be consistent with the public interest." The corporation sued in the Supreme Court of South Carolina to ...
Fisher Vs. Hurst
Court: US Supreme Court
Decided on: Feb-16-1948
Fisher v. Hurst - 333 U.S. 147 (1948) U.S. Supreme Court Fisher v. Hurst, 333 U.S. 147 (1948) Fisher v. Hurst No. 325, Misc. Decided February 16, 1948 333 U.S. 147 ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS Syllabus The order of the state district court quoted in the opinion did not depart from the mandate issued by this Court in Sipuel v. Board of Regents, 332 U. S. 631 , and a motion for leave to file a petition for a writ of mandamus to compel compliance with that mandate is denied. Pp. 333 U. S. 147 -151. PER CURIAM. Petitioner moves for leave to file a petition for a writ of mandamus to compel compliance with our mandate Page 333 U. S. 148 issued in Sipuel v. Board of Regents, 332 U. S. 631 , January 12, 1948. We there said: "The petitioner is entitled to secure legal education afforded by a state institution. To this time, it has been denied her although, during the same period, many white applicants have been afforded legal education by the ...
Woods Vs. Cloyd W. Miller Co.
Court: US Supreme Court
Decided on: Feb-16-1948
Woods v. Cloyd W. Miller Co. - 333 U.S. 138 (1948) U.S. Supreme Court Woods v. Cloyd W. Miller Co., 333 U.S. 138 (1948) Woods v. Cloyd W. Miller Co. No. 486 Argued February 6, 1948 Decided February 16, 1948 333 U.S. 138 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus 1. Title II of the Housing and Rent Act of 1947, enacted after the effective date of the Presidential Proclamation terminating hostilities on December 31, 1946, and limiting the rent which may be charged for certain housing accommodations in "defense rental areas," is a valid exercise of the war power of Congress. Hamilton v. Kentucky Distilleries Co., 251 U. S. 146 ; Ruppert v. Caffey, 251 U. S. 264 ; Stewart v. Kahn, 11 Wall. 493. Pp. 333 U. S. 141 -146. 2. The constitutionality of action taken by Congress does not depend on recitals of the power which it undertakes to exercise, and the legislative history shows that Congress was invoking its war power...
Musser Vs. Utah
Court: US Supreme Court
Decided on: Feb-09-1948
Musser v. Utah - 333 U.S. 95 (1948) U.S. Supreme Court Musser v. Utah, 333 U.S. 95 (1948) Musser v. Utah No. 60 Argued November 10, 1947 Reargued January 5, 1948 Decided February 9, 1948 333 U.S. 95 APPEAL FROM THE SUPREME COURT OF UTAH Syllabus When there are inherent in an appeal to this Court from a judgment of the highest court of a state questions of state law which were not presented to, or considered by, the highest court of the state, this Court will vacate the judgment and remand the cause to that court for consideration of those questions of state law. Pp. 333 U. S. 96 -98. 110 Utah 533, 175 P.2d 724, vacated and remanded. The Supreme Court of Utah affirmed a conviction of appellants for conspiracy "to commit acts injurious to public morals" in violation of the Utah Code Ann., 1943, 103-11-1. 110 Utah 533, 175 P.2d 724. Judgment vacated and cause remanded, p. 333 U. S. 98 . MR. JUSTICE JACKSON delivered the opinion of the Court. The appellants sought re...
Maggio Vs. Zeitz
Court: US Supreme Court
Decided on: Feb-09-1948
Maggio v. Zeitz - 333 U.S. 56 (1948) U.S. Supreme Court Maggio v. Zeitz, 333 U.S. 56 (1948) Maggio v. Zeitz No. 38 Submitted October 13, 1947 Decided February 9, 1948 333 U.S. 56 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. In a civil contempt proceeding against a bankrupt for failure to comply with an order to turn over to the trustee assets of the estate found to be in his possession or under his control at the time such order was issued (20 months earlier in this case), the bankruptcy court should not adjudge the bankrupt in contempt and commit him to jail to coerce compliance if it appears that he is presently unable to comply, even though the previous finding that he had possession of the property when the turnover order was issued has become res judicata. Pp. 333 U. S. 69 -78. 2. Courts of bankruptcy have no authority to compensate for any neglect or lack of zeal in applying the criminal sanctions prescribed by the Bankruptcy Act b...
C. and S. Air Lines, Inc. Vs. Waterman S.S. Corp.
Court: US Supreme Court
Decided on: Feb-09-1948
C. & S. Air Lines, Inc. v. Waterman S.S. Corp. - 333 U.S. 103 (1948) U.S. Supreme Court C. & S. Air Lines, Inc. v. Waterman S.S. Corp., 333 U.S. 103 (1948) Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp. No. 78 Argued November 19, 1947 Decided February 9, 1948 * 333 U.S. 103 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Section 1006 of the Civil Aeronautics Act, authorizing judicial review of certain orders of the Civil Aeronautics Board, does not apply to orders granting or denying applications of citizens of the United States for authority to engage in overseas and foreign air transportation which are subject to approval by the President under 801. Pp. 333 U. S. 104 -114. (a) Orders of the Board as to certificates for overseas or foreign air transportation are not mature, and therefore are not susceptible of judicial review until they are made final by presidential approval, as required by 801. P. 333 U. S. 114 . Page 333...
Johnson Vs. United States
Court: US Supreme Court
Decided on: Feb-09-1948
Johnson v. United States - 333 U.S. 46 (1948) U.S. Supreme Court Johnson v. United States, 333 U.S. 46 (1948) Johnson v. United States No. 138 Argued December 10, 1947 Decided February 9, 1948 333 U.S. 46 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. While two seamen were working together, a block held by one fell and injured the other. The uncontradicted evidence was sufficient to support a finding that the injured seaman was not negligent. There was no proof as to the actual cause of the accident, though the testimony of the fellow seaman was available and was not put in evidence. Held: the trial court was warranted under the rule of res ipsa loquitur in finding that the injury resulted from the negligence of the fellow seaman and that the shipowner was liable under the Jones Act of March 4, 1915, as amended by the Merchant Marine Act of 1920. Pp. 333 U. S. 46 -50. 2. The rule of res ipsa loquitur means that the facts of the occurren...
Fong Haw Tan Vs. Phelan
Court: US Supreme Court
Decided on: Feb-02-1948
Fong Haw Tan v. Phelan - 333 U.S. 6 (1948) U.S. Supreme Court Fong Haw Tan v. Phelan, 333 U.S. 6 (1948) Fong Haw Tan v. Phelan No. 370 Argued January 8-9, 1948 Decided February 2, 1948 333 U.S. 6 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Section 19(a) of the Immigration Act of 1917, as amended, which provides that an alien who is "sentenced more than once" to imprisonment for a term of one year or more because of conviction of a crime involving moral turpitude committed after entry shall be deported, does not apply to an alien who, in a single trial, has been convicted on two different counts of a single indictment for murdering two different persons and sentenced to life imprisonment. Pp. 333 U. S. 7 -10. 2. This provision of the statute authorizes deportation only where an alien, having committed a crime involving moral turpitude and having been convicted and sentenced, once again commits a crime of that nature and is convicted and sen...
Le Maistre Vs. Leffers
Court: US Supreme Court
Decided on: Feb-02-1948
Le Maistre v. Leffers - 333 U.S. 1 (1948) U.S. Supreme Court Le Maistre v. Leffers, 333 U.S. 1 (1948) Le Maistre v. Leffers No. 362 Argued January 7, 1948 Decided February 2, 1948 333 U.S. 1 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus 1. Section 205 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, tolls the running of the time granted under state law to redeem land sold or forfeited for taxes for so long as the owner was in military service after October 6, 1942, and gives him a period in which to redeem after his discharge equal to that portion of the state statutory period which did not run because it was suspended by this provision of the Federal Act. P. 333 U. S. 3 . 2. It is not limited to cases where the state law provides for transfer of title to a purchaser at a tax sale subject to defeasance by redemption, but applies as well to cases in which the tax sale results in the issuance of a certificate entitling the holder to apply for a tax ...
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