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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1915 Page 1 of about 17 results (0.036 seconds)

Dec 06 1915 (FN)

Mackenzie Vs. Hare

Court : US Supreme Court

Decided on : Dec-06-1915

..... authority upon congress to restrict the effect of birth declared by the constitution to constitute a sufficient and complete right to citizenship," citing united states v. wong kim ark, 169 u.s. at p. 169 u. s. 703 . it will thus be seen that plaintiff's contention is ..... congress to enlarge or abridge the rights of citizens," citing osborn v. bank of united states, 9 wheat. 738. "the power of naturalization vested in congress by the constitution is a power to confer citizenship, not a power to take it away. . . . the fourteenth amendment, while it leaves the power where it was before, in congress, to regulate naturalization, has conferred no ..... united states is a citizen thereof. the latter must be conceded, and if page 239 u. s. 307 plaintiff has not lost her citizenship by her marriage, she has the qualification of a voter prescribed by the constitution of the state of california. the question then is did she cease to be a citizen by her marriage? on march 2, 1907, that ..... determined, we pass to a consideration of its validity. an earnest argument is presented to demonstrate its invalidity. its basis is that the citizenship of plaintiff was an incident to her birth in the united states, and, under the constitution and laws of the united states, it became a right, privilege, and immunity which could not be taken away from her except .....

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Jun 01 1915 (FN)

G. and C. Merriam Co. Vs. Syndicate Publishing Co.

Court : US Supreme Court

Decided on : Jun-01-1915

..... u. s. 561 . if the jurisdiction of the district court was invoked on the ground of diversity of citizenship, and the averment as to a right arising under the federal constitution or statutes was unsubstantial and without real merit, either because of its frivolous character upon its face or from the fact that reliance was based ..... judgment of the circuit court of appeals must be dismissed. where the jurisdiction below rests on diverse citizenship, averments of unfair trade which do not contain any elements of a cause of action under the federal constitution or statutory law afford no basis for jurisdiction of this court of an appeal from the decree of the circuit court ..... appeals' decree, affirming the decree of the district court, was final unless, in addition to the allegations of diverse citizenship which were contained in the bill, there was an averment of a cause of action and consequent basis of jurisdiction arising under the constitution or statutes of the united states. macfadden v. united states, 213 u. s. 288 ; shulthis v. mcdougal, 225 ..... bill contains averments of a cause of action, and consequent basis of jurisdiction, arising under the constitution or laws of the united states. if the jurisdiction of the district court was invoked on the ground of diversity of citizenship, and averments as to a federal right are unsustainable and frivolous, or foreclosed by former adjudication of this court, the appeal from the .....

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Jun 01 1915 (FN)

St. Anthony Church Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Jun-01-1915

..... follows that whether we have jurisdiction depends upon whether the jurisdiction of the circuit court was by the pleadings invoked not alone because of diverse citizenship, but also because rights under the constitution and laws of the united states, were expressly asserted in the pleadings as a basis for jurisdiction. in other words, the inquiry is whether, if the averments ..... in the complaint of diversity of citizenship were disregarded, there would yet remain in the complaint such averments as to the existence of rights under the constitution and laws of the united states as would be adequate to sustain jurisdiction. bagley v. general fire extinguisher co., 212 ..... averments, to escape, to say the least, doubt as to whether the bill asserted rights under the constitution and laws of the united states which would be adequate to sustain the jurisdiction of the circuit court if the allegations of diversity of citizenship were stricken out, it follows that they are insufficient to sustain the claim of jurisdiction, since the ..... this court cannot review the judgment of the circuit court of appeals when the complaint alleged diversity of citizenship unless there remain in the complaint, if the averments of such diversity were disregarded, such averments as to existence of rights under the constitution and laws of the united states as are adequate to sustain jurisdiction. inadequacy of averments in the bill .....

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1915

Delaware, Lackawanna and Western R. Co. Vs. Yurkonis

Court : US Supreme Court

Decided on : Jan-01-1915

..... court of appeals, jurisdiction in the district court must not have rested upon diverse citizenship alone, but that jurisdiction must in part at least, have arisen because of averments showing a cause of action under the constitution or laws of the united states, and, in order to come to this court ..... court of appeals, jurisdiction in the district court must have rested not on diverse citizenship alone, but must also in part have arisen because of averments in the complaint showing a cause of action under the constitution or laws of the united states involving a substantial controversy. in the absence of ..... . macfadden v. united states, 210 u.s. 436. the allegations in that respect must show as a basis of action a substantial controversy respecting the constitution or laws of the united states. hull v. burr, 234 u. s. 713 . in the absence of such allegations in the complaint, the jurisdiction ..... the suit was brought, the result being that, if there was no foundation for the suit under a federal statute, the want of diverse citizenship ousted the jurisdiction of the district court. without expressing any opinion as to what the circuit court of appeals should have done, we are not ..... ' liability act. where this court cannot review the judgment of the circuit court of appeals because the jurisdiction of the federal court rests on diverse citizenship alone, it cannot pass on other questions, such as whether the plaintiff had not, prior to commencement of the action, removed to, and become .....

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Mar 15 1915 (FN)

Mccormick Vs. Oklahoma City

Court : US Supreme Court

Decided on : Mar-15-1915

..... process of law." these are the general outlines of the bill, and they are sufficient to show that diversity of citizenship was alleged, and, in a general way, that the constitution of the united states and of the state of oklahoma were violated. the basis of the latter allegation is that complainant ..... with the city clerk proposals and bids which were afterwards by the council duly accepted; that they therefore page 236 u. s. 659 became and constituted valid and binding contracts between the city and complainant for making such improvements, and that he, by reason of such contracts, has a vested right ..... to perform amounts to deprivation of such property, does not give the allegation any other character than that of one alleging ordinary breach of contract. a constitutional question cannot be imported into the case in that manner. appeal from 203 f. 921 dismissed. the facts, which involve the jurisdiction of this court ..... a confiscation of property nor a taking of property without due process of law." it follows that the bill presents a case of diversity of citizenship only, and the decree of the circuit court of appeals was final. we may observe that that court and the district court decided that there ..... 1915 236 u.s. 657 appeal from the circuit court of appeals for the eighth circuit syllabus where the bill presents a case of diversity of citizenship only, the decree of the circuit court of appeals is final. an appeal to this court must be dismissed. an allegation in a pleading that, .....

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Nov 29 1915 (FN)

Heim Vs. Mccall

Court : US Supreme Court

Decided on : Nov-29-1915

..... that the law could not be sustained upon such consideration, and saw in it such flagrant discrimination as to be offensive to the fourteenth amendment to the constitution of the united states, and, so concluding, the court considered it unnecessary to discuss the effect of treaties. the court also passed, without absolute ..... plaintiff in error heim is that, assuming that 14 applies to the subway construction contracts in question, it (the law) contravenes the provisions of the constitution of the united states (a) in that it violates the corporate rights to the city and the rights of its residents and taxpayers, (b) the ..... view of the language in a cited case, there was "much ground for saying that, even if the state could lawfully impose the test of citizenship upon employees of its own contractors, and the contractors with the city engaged in what is properly state work, it has no more power to ..... as to the right of heim to maintain the suit, although he is not one of the contractors nor a laborer of the excluded nationality or citizenship. the appellate division felt that there might be objection to the right, under the holding of a page 239 u. s. 187 cited case. ..... and operated according to the plans adopted. the commissioners reported favorably, and their report was confirmed by the court, and the general plans "thereafter constituted and now are the routes and general plans of the so-called dual system of rapid transit railroads herein referred to." in pursuance of the rapid .....

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Nov 29 1915 (FN)

Norton Vs. Whiteside

Court : US Supreme Court

Decided on : Nov-29-1915

..... which the property is situated and the determination of the issues did not involve the construction of the constitution or of any law of the united states, but as the jurisdiction rested on diverse citizenship alone, the decree of the circuit court is final under 128, jud.code, and this court ..... only ground page 239 u. s. 147 of jurisdiction relied upon is apparent, since the bill, besides diversity of citizenship, alleged that the cause of action was one arising under the constitution and the laws of the united states. this, however, does not suffice to solve the question, since it is ..... test these averments, we fail to perceive any ground for holding that the rights asserted rested in any degree whatever upon a substantial claim under the constitution or laws of the united states, or by any possibility involved the construction or application of any law of the united states, for the following ..... and of the states just referred to, it was alleged: "that, in the preservation of public rights on such navigable waters where the same constitute state boundaries, it was the intent of the federal government and of the states to forever maintain and preserve the rights of the respective states ..... on them by the relief prayed, in order to determine whether, in any substantial manner whatever, it involved the construction or application of the constitution or laws of the united states within the criteria embraced by the established rule which we at the outset stated. instead of following the order .....

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Dec 13 1915 (FN)

Christianson Vs. King County

Court : US Supreme Court

Decided on : Dec-13-1915

..... of the united states, but it was an authority which extended to "all rightful subjects" of legislation save as it was limited by the essential requirement of conformity to the constitution and laws of the united states and by the restrictions imposed. the prohibition against interference "with the primary disposal of the soil" defined a limitation which had been established from ..... . concluding that escheat in the case of death of an owner without heirs was a rightful subject of legislation within the meaning of the organic act, not inconsistent with the constitution and laws of united states and not embraced within the stated exceptions, and that the provision in the probate practice act was a valid exercise of the authority thus granted ..... foregoing statement, delivered the opinion of the court. the motion to dismiss must be denied. it sufficiently appears from the amended bill that jurisdiction did not depend solely upon the citizenship of the respective page 239 u. s. 362 parties, but that the controversy involved, with other questions, the construction of the act of congress prescribing the authority of the territorial ..... u.s. 356 error to the circuit court of appeals for the ninth circuit syllabus where it sufficiently appears from the bill that jurisdiction does not depend solely on diverse citizenship, but the controversy involves the construction of an act of congress, the decision of the circuit court of appeals is not final, but an appeal lies to this court under .....

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Jan 05 1915 (FN)

Lankford Vs. Platte Iron Works Co.

Court : US Supreme Court

Decided on : Jan-05-1915

..... time, it is not to be forgotten that this action was brought in the district court of the united states because of the diverse citizenship of the parties -- a ground of jurisdiction especially provided for in the constitution (art. iii, 2). and, however desirable it may be to preserve harmony of decision between the federal and the state courts, we cannot, ..... in state v. cockrell, 27 okl. 630, the supreme court of oklahoma had occasion to define the duties of state examiner and inspector. it decided that the office was constituted by the constitution of the state and was independent of the control of the governor, and, passing upon the authority of the examiner and inspector over the accounts of the bank commissioner ..... nor make donation by gift, subscription to stock, by tax or otherwise, to any company, association, or corporation." these constitutional limitations explain, i think, why, in the framing of the act, the legislature was so careful to dissociate the state in its organized capacity from all participation in the scheme ..... the act violative of the section quoted, since its provisions are plainly inconsistent with the slow and formal process of legislative appropriations. again, by article 10, 15, of the state constitution, "the credit of the state shall not be given, pledged, or loaned to any individual, company, corporation, or association . . . ; nor shall the state become an owner or stockholder in, .....

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Jan 05 1915 (FN)

Louisville and Nashville R. Co. Vs. Finn

Court : US Supreme Court

Decided on : Jan-05-1915

..... the provisions of the same section. the jurisdiction of the federal court was invoked because of questions raised under the constitution of the united states, and not because of diversity of citizenship, but it extends, of course, to the determination of all questions presented, irrespective of the disposition that may ..... so operates as to deprive him of rights protected by the constitution. hatch v. reardon, 204 u. s. 152 , 204 u. s. 161 ; southern railway v. king, 217 u. s. 524 , 217 u. ..... as has been often pointed out, it is incumbent upon one who seeks an adjudication that a state statute is repugnant to the federal constitution to show that he is within the class with respect to whom it is unconstitutional, and that the alleged unconstitutional feature injures him, and ..... paducah page 235 u. s. 606 brewery co., 157 ky. 357, has passed upon 829, upholding its validity under the state and federal constitutions and construing it as authorizing the commission to award reparation in money. the contentions now made by appellants are reducible to two: first, that the ..... states for the eastern district of kentucky syllabus where the jurisdiction of a federal court is invoked because of questions raised under the federal constitution, it extends to the determination of all questions presented, irrespective of the disposition that may be made of the federal questions or whether .....

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