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Today in Supreme Court History: October 22

  • Writer: captcrisis
    captcrisis
  • 12 minutes ago
  • 1 min read

Maney v. United States, 278 U.S. 17 (decided October 22, 1928): District Court award of citizenship was not res judicata (i.e., conclusively determined and binding); United States could still institute cancellation proceedings; award could be attacked on basis that necessary Certificate of Arrival from the Department of Labor had not been attached to petition (looks like they were looking for any way to get rid of this guy)


Davis v. Wechsler, 263 U.S. 22 (decided October 22, 1923): Supreme Court can review facts on federal claim that had been rendered irrelevant in state court due to state rules on pleading (where fact of wrong venue had been waived by appearance)


American Ry. Express Co. v. Levee, 263 U.S. 19 (decided October 22, 1923): common carrier limitation on liability, though invalid under state law, is valid under ICC rules which supersede on interstate commerce (here, damages for value of contents of trunk lost by railroad)


Benziger v. Robertson, 122 U.S. 211 (decided October 22, 1887): imported rosaries are not subject to tariff on “beads or bead ornaments”; though made of the same material, they are used in prayer and not as ornaments and put in pockets when prayers are finished (having grown up Catholic in the 1960’s I saw rosaries used ostentatiously, in effect as ornaments, and also the nuns wore them around their waists like belts)

 
 
 

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