INFORMER. See Claims, 2-3.
INJUNCTION. See Jurisdiction, III, 1-2, 4; IV, 1; Public Utili- ties, 4.
Restraint of Enforcement of State Statute. Insufficiency of alle- gations of bill. Williams v. Miller, 599.
INSURANCE. See Longshoremen's and Harbor Workers' Act, 2–3. INTEREST. See Taxation, 1.
See Conspiracy; Taxation, 1–9.
INTERSTATE COMMERCE. See Boiler Inspection Act; Fair Labor Standards Act, 2, 4-6; Public Utilities, 2-4.
INTERSTATE COMMERCE COMMISSION. See Boiler Inspection Act.
INVENTION. See Patents for Inventions.
JEOPARDY. See Constitutional Law, IV, 10; Criminal Law, 4.
JOHNSON ACT. See Public Utilities, 4.
JOINT TENANTS. See Bankruptcy, 3.
JUDGMENTS. See Constitutional Law, III; Divorce, 3-4. JURISDICTION.
I. In General, p. 728.
II. Jurisdiction of this Court, p. 729.
III. Jurisdiction of Circuit Courts of Appeals, p. 731.
IV. Jurisdiction of District Courts, p. 731.
References to particular subjects under title Jurisdiction: Abate- ment, I, 1; Aliens, I, 1; Amount in Controversy, IV, 2; Bankruptcy Act, I, 8; III, 4; Certiorari, II, 20; Criminal Appeals, II, 21-22; Divorce, I, 3; Eminent Domain, I, 7; Equally Divided Court, II, 5; Federal Question, I, 4-8; II, 12-15; Final Judgment, II, 7-11; Habeas Corpus, I, 2; III, 3, 6; Injunction, III, 1-2, 4; IV, 1; Jurisdictional Amount, IV, 2; Limitations, I, 6; Longshore- men's Act, IV, 4; Mandamus, I, 1; Merchant Marine Act, I, 5; Moot Question, II, 4-5; Patents for Inventions, I, 4; Record, II, 23; Rehearing, III, 5; Remand, III, 5; Remittitur, II, 8; Sub- poena, I, 10; IV, 3.
1. Mandamus as appropriate remedy to compel District Court to proceed to trial of suit erroneously abated because of enemy alienage of plaintiff. Ex parte Kawato, 69.
2. Habeas Corpus. Judgment denying habeas corpus on sole ground that application had not been made to state courts vacated where writ has since been refused by State's highest court. Sharpe v. Buchanan, 238.
3. Divorce. Jurisdiction of suit for divorce. Williams v. North Carolina, 287.
4. Federal Question. Whether licensee estopped to challenge validity of patent, where license involved price-fixing stipulation, was federal question. Sola Electric Co. v. Jefferson Electric Co., 173.
5. Id. Whether state court protected rights of parties to action under § 33 of Merchant Marine Act was federal question. Garrett v. Moore-McCormack Co., 239.
6. Id. When period of limitations begins to run against re- ceiver's claim on assessment levied by Comptroller of Currency on stockholders of national bank is federal question. Fisher v. Whiton, 217.
7. Id. Federal court in eminent domain proceedings follows local law as to procedure but not as to substantive rights. U. S. v. Miller, 369.
8. Id. Interpretation of Bankruptcy Act. Wragg v. Federal Land Bank, 325.
9. Scope of Review. Appellate court may sustain judgment on grounds not previously urged. Helvering v. Stuart, 154.
10. Enforcement of Subpoenas Duces Tecum of Secretary of Labor under Walsh-Healey Public Contracts Act. Endicott John- son Corp. v. Perkins, 501.
II. Jurisdiction of this Court.
1. Want of Jurisdiction. Dismissal for. Gurney v. Ferguson, 588; Peak v. California, 589; Reeves v. Williamson, 593; Donovan v. Turner, 599.
2. Timeliness of Appeal. Dismissal of appeal not applied for in time provided by law. Monks v. Lee, 590.
3. Moot Question. Affirmance of cause wherein question has become moot. Royal Cadillac Service v. U. S., 595.
4. Id. Procedure where question here sought to be reviewed becomes moot. Natural Milk Producers Assn. v. San Francisco, 423. 5. Equally Divided Court. Affirmance by. U. S. v. Consumers Paper Co., 595.
6. Appellate Jurisdiction. Denial of habeas corpus by district court for District of Columbia as reviewable on appeal to Court of Appeals and here by certiorari. Ex parte Quirin, 1.
7. Review of State Courts. Finality of Judgment. Test of finality of judgment of state court for purpose of review by this Court. Dept. of Banking v. Pink, 264.
8. Id. Finality of judgment as affected by local practice of entering judgment on remittitur of highest court of State. Id.
9. Id. Amendment of final judgment merely certifying that federal question was presented and decided did not extend time for petition for certiorari. Id.
10. Id. Appellate review afforded by Missouri law not exhausted where no application made to division of state supreme court for transfer of cause to court en banc. Osment v. Pitcairn, 587.
11. Id. Dismissal for want of final judgment. Cheltenham & Abington Co. v. Commission, 588; Ex parte Davis, 592.
12. Federal Question. Dismissal for want of substantial federal question. Clark v. Doyle, 590; General Motors Acceptance Corp. v. Hulbert, 590; Morris Plan Bank v. Graves, 591; Southeastern Greyhound Lines v. McCanless, 595; Coleman v. California, 596; Roddenberry v. Florida, 600; Almer Co. v. Commissioner of Taxa- tion, 605.
13. Id. Dismissal for want of properly presented federal ques- tion. Tennessee Oil Co. v. McCanless, 588; Toye Bros. Co. v. Cooperative Cab Co., 589.
14. Id. Dismissal because record failed to show that federal question was properly preserved on appeal to highest state court. Martin v. Struthers, 589.
15. Id. Non-federal ground adequate to support judgment. Holley v. Lawrence, 518.
16. Local Law. Considerations of equity as requiring determi- nation here of question of local law. Public Utilities Comm'n v. United Fuel Gas Co., 456.
17. Id. Questions of local law; determination by Circuit Court of Appeals. Helvering v. Stuart, 154.
18. Scope of Review. Ground for supporting judgment may be considered though raised here for first time. Marshall v. Pletz, 383. 19. Id. Judgment may be sustained on grounds not previously urged. Helvering v. Stuart, 154.
20. Id. Respondent in certiorari may urge in support of judg- ment a ground rejected by District Court and not considered by Circuit Court of Appeals. U. S. ex rel. Marcus v. Hess, 537.
21. Criminal Appeals. Direct Appeal. When judgment sustain- ing demurrer to indictment not directly appealable. U. S. v. Wayne Pump Co., 200.
22. Id. Amendatory Act of May 9, 1942, not retrospective in operation; inapplicable to appeals for which, when taken, there was no statutory authority. Id.
23. Insufficiency of Record. See Braverman v. U. S., 49.
III. Jurisdiction of Circuit Courts of Appeals.
1. Appeal. Interlocutory Injunction. Order as one granting in- junction and appealable under Jud. Code § 129. Ettelson v. Metro- politan Life Ins. Co., 188.
2. Id. Applicability of Jud. Code § 129 determined not by terminology of order but by substantial effect. Id.
3. Habeas Corpus. Power of Circuit Court of Appeals to issue writ as incident to pending appeal. Adams v. U. S. ex rel. McCann, 269.
4. Bankruptcy Act. Order vacating injunction against alleged bankrupt prosecuting suit in state court, appealable. Albin v. Cowing Joint Co., 211.
5. Petition for Rehearing. Power of Circuit Court of Appeals to remand cause to District Court for settlement of proper bill of exceptions. Miller v. U. S., 192.
6. U. S. Court of Appeals, D. C. Denial of habeas corpus by District Court for District of Columbia as reviewable on appeal. Ex parte Quirin, 1.
IV. Jurisdiction of District Courts.
1. Equity Jurisdiction. Suit to enjoin enforcement of California Agricultural Prorate Act as within equity jurisdiction. Parker v. Brown, 341.
2. Amount in Controversy. Suit as one "arising under law regu- lating commerce" and maintainable without regard to amount in controversy. Id.
3. Limits of Jurisdiction of District Court upon application by Secretary of Labor for enforcement of subpoena duces tecum under Walsh-Healey Public Contracts Act. Endicott Johnson Corp. v. Perkins, 501.
4. Longshoremen's Act. Order of deputy commissioner dismiss- ing claim because not filed within year after injury, not reviewable. Marshall v. Pletz, 383.
JURISDICTIONAL AMOUNT. See Jurisdiction, IV, 2.
JURY. See Constitutional Law, I, 6–7; V.
JUST COMPENSATION. See Constitutional Law, IV, 7; Eminent Domain, 1-2; Taxation, 1.
KNOWLEDGE. See Admiralty, 7.
LABOR RELATIONS. See Admiralty, 2-3; Antitrust Acts, 6; Fair Labor Standards Act.
LAW OF WAR. See Constitutional Law, I, 3-6; War, 2-6. LEGISLATIVE HISTORY. See Statutes, 3-4.
LICENSE. See Patents for Inventions, 4.
LIENS. See Constitutional Law, IV, 4-5.
1. Tax Liens. When lien for federal estate tax attaches; in- terest of decedent as tenant by entirety; priority of unrecorded lien over mortgage. Detroit Bank v. U. S., 329.
2. Id. Priority of federal tax lien over later state tax lien. Michigan v. U. S., 338.
LIMITATION OF LIABILITY. See Admiralty, 7.
LIMITATIONS. See Admiralty, 5-6; Bankruptcy, 7; Banks; Ju- risdiction, I, 6; Longshoremen's and Harbor Workers' Act, 1.
1. Offenses. Three-year limitation of R. S. § 1044 applicable to prosecution for criminal contempt. Pendergast v. U. S., 412. 2. Id. When limitation begins to run against prosecution for criminal contempt under Jud. Code § 268. Id.
LONGSHOREMEN'S & HARBOR WORKERS' ACT.
1. Claim. Timeliness. Claim as barred because not filed under § 13 (a) within year after injury. Marshall v. Pletz, 383.
2. Id. Tender of compensation by insurance carrier not within exception allowing claim to be filed within year after date of last "payment." Id.
3. Id. Furnishing of medical care to injured employee was not "payment of compensation" within exception of § 13 (a). Id.
4. Id. Terms "payment" and "compensation" in § 13 (a) refer to periodic money payments to be made by employer. Id.
« ForrigeFortsett » |