Us Supreme Court Court January 1949 Judgments
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Railway Express Agency, Inc. Vs. New York
Court: US Supreme Court
Decided on: Jan-31-1949
Railway Express Agency, Inc. v. New York - 336 U.S. 106 (1949) U.S. Supreme Court Railway Express Agency, Inc. v. New York, 336 U.S. 106 (1949) Railway Express Agency, Inc. v. New York No. 51 Argued December 6, 1948 Decided January 31, 1949 336 U.S. 106 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus A New York City traffic regulation forbids the operation of any advertising vehicle on the streets, but excepts vehicles which have upon them business notices or advertisements of the products of the owner and which are not used merely or mainly for advertising. An express company, which sold space on the exterior sides of its trucks for advertising and which operated such trucks on the streets, was convicted and fined for violating the ordinance. Upon review here of the state court judgment, held: 1. The regulation does not violate the due process clause of the Fourteenth Amendment. Pp. 336 U. S. 108 -109. (a) The function of this Court upon such review is not to wei...
Kovacs Vs. Cooper
Court: US Supreme Court
Decided on: Jan-31-1949
Kovacs v. Cooper - 336 U.S. 77 (1949) U.S. Supreme Court Kovacs v. Cooper, 336 U.S. 77 (1949) Kovacs v. Cooper No. 9 Submitted October 11, 1948 Decided January 31, 1949 336 U.S. 77 APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus An ordinance of Trenton, New Jersey, forbids the use or operation on the public streets of a "sound truck" or of any instrument which emits "loud and raucous noises" and is attached to a vehicle on the public streets. Held: As applied to the defendant in this case, it does not infringe the right of free speech in violation of the First Amendment, made applicable to the states by the Fourteenth Amendment. Pp. 336 U. S. 78 -79, 336 U. S. 89 . 135 N.J.L. 584, 52 A.2d 806, affirmed. Appellant was convicted in Police Court for violation of an ordinance of Trenton, New Jersey. The New Jersey Supreme Court upheld the conviction, 135 N.J.L. 64, 50 A.2d 451, and the Court of Errors and Appeals affirmed by an equally divided court. ...
Wilkerson Vs. Mccarthy
Court: US Supreme Court
Decided on: Jan-31-1949
Wilkerson v. McCarthy - 336 U.S. 53 (1949) U.S. Supreme Court Wilkerson v. McCarthy, 336 U.S. 53 (1949) Wilkerson v. McCarthy No. 53 Argued December 6, 1948 Decided January 31, 1949 336 U.S. 53 CERTIORARI TO THE SUPREME COURT OF UTAH Syllabus 1. In this action under the Federal Employers' Liability Act, there was evidence (detailed in the opinion) which would support a jury finding of negligence on the part of the defendants, and it was error for the trial court to direct a verdict against the plaintiff. Pp. 336 U. S. 54 -61, 336 U. S. 63 -64. 2. In determining whether there is sufficient evidence to submit an issue of negligence to the jury, it is necessary to look only to the evidence and reasonable inferences therefrom which tend to support the case of the litigant against whom a peremptory instruction has been given. P. 336 U. S. 57 . 3. Under the Federal Employers' Liability Act, contributory negligence of the plaintiff does not bar recovery for an injury which ...
GoggIn Vs. California Labor Div.
Court: US Supreme Court
Decided on: Jan-31-1949
Goggin v. California Labor Div. - 336 U.S. 118 (1949) U.S. Supreme Court Goggin v. California Labor Div., 336 U.S. 118 (1949) Goggin v. Division of Labor Law Enforcement of California No. 35 Argued November 15, 1948 Decided January 31, 1949 336 U.S. 118 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A tax claim of the United States which, at the time of the filing of a petition in bankruptcy, was secured by a perfected lien and accompanied by a Collector of Internal Revenue's possession of personal property of the bankrupt is entitled to priority of payment out of the proceeds of that property, over claims for wages of the kind specified in 64a(2) of the Bankruptcy Act, and is not required by 67c to be postponed in payment to such claims by reason of the Collector's subsequent relinquishment of possession of the property to the trustee in bankruptcy for sale by him. Pp. 336 U. S. 119 -131. 2. The priority of the tax lien over the wag...
Leiman Vs. Guttman
Court: US Supreme Court
Decided on: Jan-17-1949
Leiman v. Guttman - 336 U.S. 1 (1949) U.S. Supreme Court Leiman v. Guttman, 336 U.S. 1 (1949) Leiman v. Guttman No. 88 Argued December 13, 1948 Decided January 17, 1949 336 U.S. 1 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus 1. Under 221(4) of Ch. X of the Bankruptcy Act, 11 U.S.C. 621, the bankruptcy court has exclusive jurisdiction over claims for services as attorneys for a stockholders' protective committee in a corporate reorganization proceeding -- including claims under a private escrow agreement for services which benefited a single class of security holders and are compensable by them, and not from the estate. Pp. 336 U. S. 2 -10. (a) The control of the bankruptcy court is not limited to fees and allowances payable out of the estate. P. 336 U. S. 5 . (b) Section 221(4) applies to "all payments" for services "in connection with" the proceeding or "in connection with" the plan and "incident to" the reorganization, whoever pays them. Pp. 336 U. S. 5...
Estate of Spiegel Vs. Commissioner
Court: US Supreme Court
Decided on: Jan-17-1949
Estate of Spiegel v. Commissioner - 335 U.S. 701 (1949) U.S. Supreme Court Estate of Spiegel v. Commissioner, 335 U.S. 701 (1949) Estate of Spiegel v. Commissioner of Internal Revenue No. 3 Argued October 24, 1947 Reargued October 11-12, 1948 Decided January 17, 1949 335 U.S. 701 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In 1920, decedent, a resident of Illinois, made a transfer in trust of certain stocks to himself and another. He died in 1940. During his life, the trust income was to be divided among his three children; if they did not survive him, to any of their surviving children. On his death, the corpus was to be distributed in the same manner. But no provision was made for distribution of the corpus and its accumulated income should the decedent survive all of his children and grandchildren. The Tax Court determined that the value of the corpus of the trust was not includible in the gross estate of the decedent under 811(c) ...
Commissioner Vs. Jacobson
Court: US Supreme Court
Decided on: Jan-17-1949
Commissioner v. Jacobson - 336 U.S. 28 (1949) U.S. Supreme Court Commissioner v. Jacobson, 336 U.S. 28 (1949) Commissioner v. Jacobson Nos. 32 and 33 Argued November 8, 1948 Decided January 17, 1949 336 U.S. 28 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In 1938, 1939, and 1940, an individual taxpayer, in straitened financial circumstances but solvent, purchased at less than their face amount certain secured negotiable bonds originally issued by him at face value for cash. Some of the purchases were directly from the bondholders, others were through agents of the taxpayer or of the bondholders. Although each seller knew that the bonds were being bought by or for the maker, there was nothing to indicate that any seller intended to transfer or release something for nothing, or to make a gift of any part of his claim, as distinguished from making a sale and assignment of his whole claim for the highest available price. Held: under 22(a)...
Klapprott Vs. United States
Court: US Supreme Court
Decided on: Jan-17-1949
Klapprott v. United States - 335 U.S. 601 (1949) U.S. Supreme Court Klapprott v. United States, 335 U.S. 601 (1949) Klapprott v. United States No. 42 Argued October 20, 1948 Decided January 17, 1949 335 U.S. 601 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Nine years after petitioner had been admitted to citizenship and granted a certificate of naturalization, the United States filed a complaint in a federal district court in New Jersey under 8 U.S.C. 738 to set aside the order and cancel the certificate. It alleged that his oath of allegiance was false; that subsequently, by writings and speeches, he had evidenced his loyalty to Germany and disloyalty to the United States, and that he was a leader and a member of the German American Bund and other subversive organizations. He was served with notice, but failed to answer within sixty days as required by 8 U.S.C. 738(b). (Seven days before expiration of the sixty days, he was arrested on ...
La Crosse Telephone Corp. Vs. WisconsIn Board
Court: US Supreme Court
Decided on: Jan-17-1949
La Crosse Telephone Corp. v. Wisconsin Board - 336 U.S. 18 (1949) U.S. Supreme Court La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949) La Crosse Telephone Corp. v. Wisconsin Employment Relations Board Argued November 18-19, 1948 Decided January 17, 1949 * 336 U.S. 18 APPEAL FROM THE SUPREME COURT OF WISCONSIN Syllabus 1. A certification by the Wisconsin Employment Relations Board of a union as the collective bargaining representative of the employees of an employer engaged in interstate commerce, which certification has been reviewed and sustained by the highest court of the State, held, in view of the effect of the certification under the state law, a "final judgment" within the meaning of 237(a) of the Judicial Code and reviewable here, although the certification was not in the form of a command. Pp. 336 U. S. 21 -24. 2. In a proceeding under state law, the Wisconsin Employment Relations Board certified that the employees in the plant and traffic depar...
Commissioner Vs. Estate of Church
Court: US Supreme Court
Decided on: Jan-17-1949
Commissioner v. Estate of Church - 335 U.S. 632 (1949) U.S. Supreme Court Commissioner v. Estate of Church, 335 U.S. 632 (1949) Commissioner v. Estate of Church No. 5 Argued October 24, 1947 Reargued October 12, 1948 Decided January 17, 1949 335 U.S. 632 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. In 1924, decedent, then 21 years old, unmarried and childless, made a transfer in trust in New York in accordance with state law, naming himself and two of his brothers as co-trustees. Certain corporate stocks were transferred to the trustees, who were empowered to hold and sell them and to reinvest the proceeds. Decedent reserved no power to alter, amend, or revoke, but required the trustees to pay to him the income for life. The trust was to terminate at decedent's death, which occurred in 1939. Some provision was made for distribution of the trust assets at decedent's death, but no provision was made for distribution if decedent died with...
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