Us Supreme Court Court April 1949 Judgments
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Wade Vs. Hunter
Court: US Supreme Court
Decided on: Apr-25-1949
Wade v. Hunter - 336 U.S. 684 (1949) U.S. Supreme Court Wade v. Hunter, 336 U.S. 684 (1949) Wade v. Hunter No. 427 Argued March 7, 1949 Decided April 25, 1949 336 U.S. 684 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus In petitioner's trial by a general court-martial of a Division of the Third Army, then advancing rapidly in Germany, the court heard evidence and arguments of counsel, closed to consider the case, reopened the same day, and continued the case in order to hear civilian witnesses not then available. Subsequently, the Commanding General of the Third Army transferred the case to the Fifteenth Army for a new trial on the ground that the tactical situation and the distance to the residence of such witnesses made it impracticable for the Third Army to conduct the court-martial. The Fifteenth Army convened a court-martial, which overruled petitioner's plea of former jeopardy and tried and convicted him. Held: in the circumstances of...
GriffIn Vs. United States
Court: US Supreme Court
Decided on: Apr-25-1949
Griffin v. United States - 336 U.S. 704 (1949) U.S. Supreme Court Griffin v. United States, 336 U.S. 704 (1949) Griffin v. United States No. 417 Argued December 15-16, 1948 Decided April 25, 1949 336 U.S. 704 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus 1. Petitioner, claiming self-defense, was convicted in the District of Columbia of murder in the first degree, and was sentenced to death. On a motion for a new trial on the ground of newly discovered evidence, he relied on evidence that at the time of the killing the deceased had an open knife in his pocket. The trial court denied the motion on the ground that, since petitioner did not know that the deceased was carrying a knife, the evidence was inadmissible. An appeal was dismissed by the Court of Appeals without opinion. Held: the cause is remanded to the Court of Appeals with instructions to decide, in the first instance, what rule of evidence should prevail in the Dis...
Humphrey Vs. Smith
Court: US Supreme Court
Decided on: Apr-25-1949
Humphrey v. Smith - 336 U.S. 695 (1949) U.S. Supreme Court Humphrey v. Smith, 336 U.S. 695 (1949) Humphrey v. Smith No. 457 Argued March 30, 1949 Decided April 25, 1949 336 U.S. 695 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. In habeas corpus proceedings to review court-martial judgments, courts cannot pass on the guilt or innocence of persons convicted by courts-martial. P. 336 U. S. 696 . 2. Failure to conduct a pretrial investigation in the manner prescribed by the 70th Article of War does not deprive a general court-martial of jurisdiction nor subject its judgment to invalidation in a habeas corpus proceeding. Pp. 336 U. S. 696 -701. 170 F.2d 61, reversed. In a habeas corpus proceeding challenging the validity of a conviction by a court-martial, a federal district court denied relief. 72 F.Supp. 935. The Court of Appeals reversed. 170 F.2d 61. This Court granted certiorari. 336 U.S. 908. Reversed, p. 336 U. S. 701 . MR....
California Vs. Zook
Court: US Supreme Court
Decided on: Apr-25-1949
California v. Zook - 336 U.S. 725 (1949) U.S. Supreme Court California v. Zook, 336 U.S. 725 (1949) California v. Zook No. 355 Argued February 8, 1949 Decided April 25, 1949 336 U.S. 725 CERTIORARI TO THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA Syllabus 1. A California statute prohibits the sale or arrangement of any transportation over the public highways of the State if the transporting carrier has no permit from the Interstate Commerce Commission. The Federal Motor Carrier Act has substantially the same provision respecting carriers in interstate commerce. Respondents operate a travel bureau in Los Angeles, and receive commissions for arranging "share expense" passenger transportation in private automobiles. State lines are crossed in many of the trips. Respondents were convicted of violating the state statute. Held: The state statute, as so applied, is not invalid under the Commerce Clause of the Federal Constitution. Pp. 726-738. ...
Twa Vs. Cab
Court: US Supreme Court
Decided on: Apr-18-1949
TWA v. CAB - 336 U.S. 601 (1949) U.S. Supreme Court TWA v. CAB, 336 U.S. 601 (1949) Transcontinental & Western Air, Inc. v. Civil Aeronautics Board No. 387 Argued February 9, 1949 Decided April 18, 1949 336 U.S. 601 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus 1. The Civil Aeronautics Board is without authority, under the Civil Aeronautics Act of 1938, as amended, to fix a new mail rate for air carriers and to make it retroactive for a period in which a final rate previously fixed by the Board was in effect and unchallenged by the initiation of the mail rate proceeding. Pp. 336 U. S. 602 -608. 2. Section 406(a) of the Act, which empowers the Board to fix rates for the transportation of mail by aircraft and "to make such rates effective from such date as it shall determine to be proper," is not to be construed as authorizing the Board to make a rate retroactive to a date earlier than the date of the commencement of the rat...
United States Vs. Jones
Court: US Supreme Court
Decided on: Apr-18-1949
United States v. Jones - 336 U.S. 641 (1949) U.S. Supreme Court United States v. Jones, 336 U.S. 641 (1949) United States v. Jones Argued February 2-3, 1949 Decided April 18, 1949 * 336 U.S. 641 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. After the Interstate Commerce Commission had twice denied applications by a railroad for increased compensation for carrying the mail, on the ground that the general rates fixed by the Commission under the Railway Mail Pay Act, 39 U.S.C. 523-568, and already paid were "fair and reasonable" as applied to such railroad, the Court of Claims awarded the railroad a money judgment for additional compensation. Held: this amounted to a review and revision of the Commission's findings and orders, and was beyond the jurisdiction of the Court of Claims. Pp. 336 U. S. 651 -653, 336 U. S. 662 -671. (a) Congress has not expressly empowered the Court of Claims to review rate orders of the Commission either to set them aside or to render a money ...
Fpc Vs. Interstate Nat. Gas Co.
Court: US Supreme Court
Decided on: Apr-18-1949
FPC v. Interstate Nat. Gas Co. - 336 U.S. 577 (1949) U.S. Supreme Court FPC v. Interstate Nat. Gas Co., 336 U.S. 577 (1949) Federal Power Commission v. Interstate Natural Gas Co. No. 109 Argued January 11, 1949 Decided April 18, 1949 * 336 U.S. 577 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus An order issued by the Federal Power Commission under the Natural Gas Act directed a natural gas company to reduce its rates on interstate sales of natural gas for resale. Pending judicial review, the Court of Appeals issued a stay order pursuant to which the company paid into the registry of the court the monthly difference between the existing rates and the lower rates prescribed by the Commission. The rate order was finally sustained, and the Court of Appeals ordered the fund distributed to the pipeline companies which were the immediate purchasers. Held: 1. Apart from the case of a pipeline company claiming that its rates have been so low that ...
Defense Supplies Corp. Vs. Lawrence Warehouse Co.
Court: US Supreme Court
Decided on: Apr-18-1949
Defense Supplies Corp. v. Lawrence Warehouse Co. - 336 U.S. 631 (1949) U.S. Supreme Court Defense Supplies Corp. v. Lawrence Warehouse Co., 336 U.S. 631 (1949) Defense Supplies Corp. v. Lawrence Warehouse Co. No. 298 Argued February 3, 1949 Decided April 18, 1949 336 U.S. 631 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Joint Resolution of June 30, 1945, 59 Stat. 310, dissolved the Defense Supplies Corporation (DSC) as of July 1, 1945, transferred all of its functions, assets and liabilities to the Reconstruction Finance Corporation (RFC), and provided that no suit by or against DSC should abate by reason thereof, but that RFC might be substituted as a party at any time within twelve months after the date of enactment. In a suit brought by DSC against respondents before its dissolution, a federal district court entered judgment in its favor less than twelve months after enactment of the Resolution. On an appeal noted before, but argued...
Nye and Nissen Vs. United States
Court: US Supreme Court
Decided on: Apr-18-1949
Nye & Nissen v. United States - 336 U.S. 613 (1949) U.S. Supreme Court Nye & Nissen v. United States, 336 U.S. 613 (1949) Nye & Nissen, A Corporation v. United States No. 228 Argued March 3, 1949 Decided April 18, 1949 336 U.S. 613 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioners are a corporation and its president. An indictment charged them (and three employees of the corporation), in the first count, with conspiracy to defraud the United States from 1938 to 1945, in violation of 37 of the Criminal Code (now 18 U.S.C. 371), and, in six substantive counts, with filing false invoices with an agency of the United States in violation of 35 of the Criminal Code (now 18 U.S.C. 1001). The case involved fraudulent practices in the sale of eggs and cheese to the Army, Navy, and other government agencies. Petitioners were convicted on all counts. Held: 1. As to the individual petitioner, there was no fatal variance between the conspi...
FountaIn Vs. Filson
Court: US Supreme Court
Decided on: Apr-18-1949
Fountain v. Filson - 336 U.S. 681 (1949) U.S. Supreme Court Fountain v. Filson, 336 U.S. 681 (1949) Fountain v. Filson No. 542 Decided April 18, 1949 336 U.S. 681 ON PETITION FOR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondents sued in the District of Columbia for a declaration of a resulting trust in certain New Jersey realty and for "other relief." The District Court granted petitioner's motion for a summary judgment, on the ground that New Jersey law would not permit the imposition of a resulting trust in the circumstances disclosed in the complaint and accompanying documents. The Court of Appeals sustained this action but remanded the cause to the District Court with directions to enter a personal money judgment for respondents. Held: the Court of Appeals erred in directing entry of a personal money judgment and in thus depriving petitioner of an opportunity to dispute the facts material to that claim. Pp. 336 ...
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