Us Supreme Court Court March 1948 Judgments
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Commissioner Vs. South Texas Lumber Co.
Court: US Supreme Court
Decided on: Mar-29-1948
Commissioner v. South Texas Lumber Co. - 333 U.S. 496 (1948) U.S. Supreme Court Commissioner v. South Texas Lumber Co., 333 U.S. 496 (1948) Commissioner of Internal Revenue v. South Texas Lumber Co. No. 384 Argued January 14, 1948 Decided March 29, 1948 333 U.S. 496 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. A corporate taxpayer which filed its federal income and excess profits tax return on the accrual basis, but elected to report income from certain installment sales on the installment basis, as authorized by 44 of the Internal Revenue Code, may not, in computing its excess profits tax credit under 714, include in "invested capital" (as "accumulated earnings and profits") the unrealized and unreported profits from such installment sales. Pp. 333 U. S. 497 -506. 2. The provision of 29.115-3 of Treasury Regulations 111, applicable to excess profits tax as well as to income tax, that "a corporation computing income on the installment b...
Moore Vs. New York
Court: US Supreme Court
Decided on: Mar-29-1948
Moore v. New York - 333 U.S. 565 (1948) U.S. Supreme Court Moore v. New York, 333 U.S. 565 (1948) Moore v. New York No. 485 Argued February 12, 1948 Decided March 29, 1948 333 U.S. 565 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus 1. The validity of New York special jury statutes under the Federal Constitution is sustained as against a claim of invalidity based on the ratio of convictions to acquittals in cases tried by special juries and in cases tried by ordinary juries. Fay v. New York, 332 U. S. 261 . Pp. 566-567. 2. The claim of systematic, intentional, and deliberate exclusion of Negroes from the jury is not sustained by the record in this case. Pp. 333 U. S. 567 -569. 297 N.Y. 734, 77 N.E.2d 25, affirmed. Petitioners were convicted of murder by a special jury in a New York state court. The Court of Appeals of New York affirmed the convictions. 297 N.Y. 734, 77 N.E.2d 25. This Court granted certiorari. 332 U.S. 843. Affirmed, p. 333 U. S. 569 . M...
Bakery Drivers Union Vs. Wagshal
Court: US Supreme Court
Decided on: Mar-15-1948
Bakery Drivers Union v. Wagshal - 333 U.S. 437 (1948) U.S. Supreme Court Bakery Drivers Union v. Wagshal, 333 U.S. 437 (1948) Bakery Drivers Union v. Wagshal No. 225 Argued December 17-18, 1947 Decided March 15, 1948 333 U.S. 437 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus In a suit by a delicatessen store to enjoin a boycott of its business by a labor union, the pleadings and supporting affidavits alleged that: because the hours of delivery were inconvenient, the store stopped buying bread from one bakery and started buying from another; although the store had always made payments for the bread direct to the first bakery, and not to the driver employed by the bakery, a representative of the bakery drivers' union demanded that payment of the balance due for bread previously bought from the first bakery be made to the driver who had delivered it, and that the store discontinue the sale of a certain nonunion product; there was a disp...
Eccles Vs. Peoples Bank
Court: US Supreme Court
Decided on: Mar-15-1948
Eccles v. Peoples Bank - 333 U.S. 426 (1948) U.S. Supreme Court Eccles v. Peoples Bank, 333 U.S. 426 (1948) Eccles v. Peoples Bank of Lakewood Village, California No. 101 Argued December 9, 1947 Decided March 15, 1948 333 U.S. 426 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus In admitting a state bank to membership in the Federal Reserve System, the Board of Governors prescribed a condition that, if a particular bank holding company acquired stock in the bank, the bank would withdraw from membership within 60 days after written notice from the Board. The holding company acquired less than 11% of the bank's stock. The bank sued for a declaratory judgment that the condition was invalid, and for an injunction against its enforcement. Its claims of threatened injury were supported entirely by affidavits. The Board disavowed any present intention of enforcing the condition, on the ground that it had satisfied itself that the bank's indepe...
Woods Vs. Stone
Court: US Supreme Court
Decided on: Mar-15-1948
Woods v. Stone - 333 U.S. 472 (1948) U.S. Supreme Court Woods v. Stone, 333 U.S. 472 (1948) Woods v. Stone No. 392 Argued February 4, 1948 Decided March 15, 1948 333 U.S. 472 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. The one-year period of limitations prescribed by 205(e) of the Emergency Price Control Act of 1942 as amended, on an action against a landlord on account of an overcharge in rent of property which the landlord had failed to register as required by rent regulations, begins to run not from the date of payment of the rent, but from the date of the landlord's failure to comply with a refund order. Pp. 333 U. S. 473 -478. 2. Failure of the landlord to make refund in accordance with the refund order is a violation of an "order . . . prescribing a maximum" rent under 205(e), and gives rise to the cause of action created by that section. P. 333 U. S. 477 . 3. The landlord's own failure to register the property having rendered ...
Francis Vs. Southern Pacific Co.
Court: US Supreme Court
Decided on: Mar-15-1948
Francis v. Southern Pacific Co. - 333 U.S. 445 (1948) U.S. Supreme Court Francis v. Southern Pacific Co., 333 U.S. 445 (1948) Francis v. Southern Pacific Co. No. 400 Argued February 5, 1948 Decided March 15, 1948 333 U.S. 445 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. Basing jurisdiction on diversity of citizenship, certain minor children sued an interstate railroad in a federal court in Utah to recover damages for the death of their father, an employee of the railroad, who was killed in Utah while riding the railroad as an interstate passenger on a free pass, not in connection with his duties as an employee. The pass provided that the user assumed all risk of injury and absolved the railroad from any liability therefor. Under instructions withholding an issue of the railroad's ordinary negligence and submitting only an issue of its wanton negligence, the jury found for the railroad. Held: judgment for the railroad affirmed. Pp. 333 U. S....
United States Vs. Evans
Court: US Supreme Court
Decided on: Mar-15-1948
United States v. Evans - 333 U.S. 483 (1948) U.S. Supreme Court United States v. Evans, 333 U.S. 483 (1948) United States v. Evans No. 15 Argued February 3, 1948 Decided March 15, 1948 333 U.S. 483 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus 1. Section 8 of the Immigration Act of 1917 does not make it a punishable offense to conceal or harbor aliens not entitled to enter or reside in the United States, in view of the ambiguity in the statute as to the scope of the offense and as to the penalty which Congress intended to prescribe. Pp. 333 U. S. 483 -495. 2. Although Congress intended by 8 to make criminal and to punish concealing or harboring of aliens, the uncertainty as to the nature of the offense or offenses and as to the applicable penalty poses a problem which is outside the bounds of judicial interpretation, and can be solved only by Congressional action. P. 333 U. S. 495 . Affirmed. Respondent was indi...
Suttle Vs. Reich Bros. Constr. Co.
Court: US Supreme Court
Decided on: Mar-08-1948
Suttle v. Reich Bros. Constr. Co. - 333 U.S. 163 (1948) U.S. Supreme Court Suttle v. Reich Bros. Constr. Co., 333 U.S. 163 (1948) Suttle v. Reich Bros. Construction Co. No. 214 Argued December 18, 1947 Decided March 8, 1948 333 U.S. 163 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A resident and citizen of Mississippi brought an action based on diversity of citizenship in the Federal District Court for the Eastern District of Louisiana against a partnership and its individual members who were residents of the Western District of Louisiana and a Texas corporation which had qualified to do business in Louisiana and made itself amenable to suit in the federal courts for either the Eastern or Western District of that State. Held: the venue was improper as to the partnership and its individual members, and the suit was properly dismissed as to them, since none of the parties was a resident of the Eastern District of Louisiana within the meaning of ...
Cole Vs. Arkansas
Court: US Supreme Court
Decided on: Mar-08-1948
Cole v. Arkansas - 333 U.S. 196 (1948) U.S. Supreme Court Cole v. Arkansas, 333 U.S. 196 (1948) Cole v. Arkansas No. 373 Argued February 4-5, 1948 Decided March 8, 1948 333 U.S. 196 CERTIORARI TO THE SUPREME COURT OF ARKANSAS Syllabus Petitioners were tried in a state court under an information charging them only with a violation of 2 of a state statute making it an offense to promote an unlawful assemblage. The trial court instructed the jury that they were charged with an offense under 2, and they were convicted. They appealed to the State Supreme Court, contending, inter alia, that 2 was contrary to the Federal Constitution. Without passing on that question, the State Supreme Court sustained their convictions on the ground that the information charged and the evidence showed that petitioners had violated 1 of the same statute, which describes the distinct offense of using force and violence. Held: Petitioners were denied due process of law, and the judgment is reve...
Mitchell Vs. Cohen
Court: US Supreme Court
Decided on: Mar-08-1948
Mitchell v. Cohen - 333 U.S. 411 (1948) U.S. Supreme Court Mitchell v. Cohen, 333 U.S. 411 (1948) Mitchell v. Cohen No. 130 Argued January 6, 1948 Decided March 8, 1948 * 333 U.S. 411 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Part-time service with the Volunteer Port Security Force of the Coast Guard Reserve does not entitle one to veterans' preference in federal employment under the Veterans' Preference Act of 1944. Pp. 333 U. S. 412 -423. 2. Those who served temporarily on a part-time basis with the Volunteer Port Security Force are not "ex-servicemen" within the meaning of 2 of the Veterans' Preference Act. Pp. 333 U. S. 417 -420. 3. The term "ex-servicemen" in the Veterans' Preference Act is to be construed as embracing only those who performed military service on full-time active duty with military pay and allowances, and who thereby dislocated the fabric of their normal economic and social life. Pp. 333 U. S. 42...
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