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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1935 Page 1 of about 9 results (0.037 seconds)

Dec 16 1935 (FN)

Colgate Vs. Harvey

Court : US Supreme Court

Decided on : Dec-16-1935

..... [the fourteenth] amendment for the purpose of pointing out, as has been frequently done in the past, how completely it broadened the national scope of the government under the constitution by causing citizenship of the united states to be paramount and dominant, instead of being subordinate page 296 u. s. 428 and derivative, and therefore, operating as it does upon all the ..... v. hall, case no. 15,282, fed.cas. 79, 81, judge woods said: "by the original constitution, citizenship in the united states was a consequence of citizenship in a state. by this clause, this order of things is reversed, . . . and citizenship in a state is a result of citizenship in the united states." [ footnote 4 ] this does not mean that a state has unlimited power ..... , has long since been rejected. slaughter house cases, 16 wall. 36. it created no new privileges and immunities of united states citizenship, bartemeyer v. iowa, 18 wall. 129, 85 u. s. 133 , and as they are derived exclusively from the constitution and laws enacted under it, the states were powerless to abridge them before the adoption of the fourteenth amendment as well ..... takes out insurance in new hampshire, whether, in doing so he remains in vermont or not, he exercises rights of national citizenship which the law of neither state can abridge without coming into conflict with the supreme authority of the federal constitution. the statute, as here applied, says that, if a citizen resident in vermont loan his money at 5 percent or .....

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Nov 18 1935 (FN)

Pacific States Box and Basket Co. Vs. White

Court : US Supreme Court

Decided on : Nov-18-1935

..... suit to set aside an order fixing standard containers for raspberries and strawberries. the jurisdiction of the district court was based on constitutional grounds and also on diversity of citizenship. page 296 u. s. 178 mr. justice brandeis delivered the opinion of the court. this suit was brought in the ..... on an appeal from the district court in a suit attacking a state regulation under the federal constitution, and based also on diversity of citizenship, held that there was no occasion to consider an objection under the constitution of the state which was not made or discussed below or included in the assignment of ..... of the district court was invoked both on the ground of diversity of citizenship and on the ground that the order, and the statutes purporting to authorize it, violate rights of the plaintiff guaranteed by the federal constitution. the case was heard upon plaintiff's motion for a preliminary injunction ..... of fact and of policy the determination of which rests in the legislative branch of the state government. the determination may be made, if the constitution of the state permits, by a subordinate administrative body. with the wisdom of such a regulation we have, of course, no concern. we ..... of fact and policy the determination of which rests in the legislative branch of the state government -- a determination which may be made, if the constitution of the state permits, by a subordinate administrative body. p. 296 u. s. 182 . (3) the regulation is not in conflict with .....

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Dec 23 1935 (FN)

Corporation Commission Vs. Cary

Court : US Supreme Court

Decided on : Dec-23-1935

..... restrain the enforcement of an order of an administrative board or commission of a state "where jurisdiction is based solely upon the ground of diversity of citizenship or the repugnance of such order to the constitution of the united states, where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and (3) has been ..... of the state. the district court found that it had been repeatedly held by the state court that the reviewing power conferred upon it by the provision of the state constitution was legislative in character ( compare oklahoma natural gas co. v. russell, 261 u. s. 290 , 261 u. s. 291 ), and upon the question whether any opportunity was afforded in the ..... an opportunity for judicial review in the courts of the state of orders affecting rates for the transportation and sale of gas. the district court considered the provision of the constitution of oklahoma creating the corporation commission and providing for review of its orders (const.okla. art. ix, 20, 23, 35), page 296 u. s. 458 the state legislation with respect ..... rates. plaintiff, trustee of the properties of the consolidated gas service company, alleged that the order was confiscatory and violated the due process clause of the fourteenth amendment of the constitution of the united states. application for an interlocutory injunction was brought before the district court composed of three judges. 28 u.s.c. 380. defendants, the corporation commission and its .....

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Feb 04 1935 (FN)

Pennsylvania Vs. Williams

Court : US Supreme Court

Decided on : Feb-04-1935

..... as a federal court -- that is to say, it properly invokes the power and the authority, conferred upon the district court by the constitution and statutes of the united states, to entertain the suit. the bill alleges diversity of citizenship and the requisite jurisdictional amount, both of which allegations stand unchallenged, see philadelphia, wilmington page 294 u. s. 181 & baltimore r. co ..... 294 u. s. 180 the district court had attached when the bill of complaint was filed, and that it was the duty of the court, under the laws and the constitution of the united states, to retain that jurisdiction and to proceed with the liquidation to the exclusion of the state authorities. 4 f.supp. 779. the court of appeals for ..... u. s. 182 . 5. a shareholder in an insolvent pennsylvania building and loan association brought a bill of complaint in the federal district court for that state, alleging diversity of citizenship and the requisite jurisdictional amount and praying for the appointment of receivers to liquidate the business and for an injunction restraining creditors and others from interfering with or taking possession ..... the third circuit syllabus 1. a bill of complaint brought by a shareholder for the appointment of receivers to liquidate an insolvent building and loan association, allegations of diversity of citizenship and requisite jurisdictional amount being unchallenged, is within the jurisdiction of the federal district court. jud.code, 24; 28 u.s.c. 41(1). p. 294 u. s. 180 . 2 .....

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Apr 01 1935 (FN)

Gordon Vs. Washington

Court : US Supreme Court

Decided on : Apr-01-1935

..... of complaint were therefore sufficient to invoke the power and authority conferred on the district court, by the constitution page 295 u. s. 36 and statutes of the united states, to entertain the suit and render an appropriate decree. since the court had power to act, it is necessary ..... this court has recently said in pennsylvania v. williams, supra, it is evident that the district court correctly determined that it had jurisdiction of the cause. the requisite diversity of citizenship and the jurisdictional amount in controversy are shown by the record, and are unchallenged. the relief prayed was that which a court of equity is competent to give. the bills ..... in accordance with the laws of the state and had been in the interest of the participants. held: (1) the suits for the appointment of receivers, the requisite diversity of citizenship and jurisdictional amount being shown and unchallenged, were within the jurisdiction of the district court. pennsylvania v. williams, 294 u. s. 176 . p. 295 u. s. 35 . (2) the appointment .....

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Dec 09 1935 (FN)

Milwaukee County Vs. M. E. White Co.

Court : US Supreme Court

Decided on : Dec-09-1935

..... calls for no pronouncement upon the policy of a sister state. it involves no more embarrassment than the interstate rendition of fugitives from justice, the constitutional command for which is no more specific than that requiring full faith and credit. foreign judgments are not liens, and are not entitled to execution ..... to a local policy which, if it exists, would seem to be too trivial to merit serious consideration when weighed against the policy of the constitutional provision and the interest of the state whose judgment is challenged. in the circumstances here disclosed, no state can be said to have a legitimate ..... u. s. 243 ; broderick v. rosner, supra; bradford electric light co. v. clapper, supra. but it is insisted that to this rule taxing statutes constitute an exception, analogous to that relating page 296 u. s. 275 to penal laws, because the courts of one state should not be called upon to scrutinize ..... district courts are given original jurisdiction "of all suits of a civil nature at common law or in equity" where there is the requisite diversity of citizenship and the amount in controversy exceeds $3,000. in this grant of jurisdiction of causes arising under state as well as federal law, the phrase ..... . brown, 2 curtis 559, 561; taylor v. bryden, 8 johns. 173; russell v. smyth, 9 m. & w. 810; andrews v. montgomery, 19 johns. 162; boston india rubber factory v. hoit, 14 vt. 92; carter v. crews, 2 port. 81; belford v. woodward, 158 ill. 122, 41 n.e. 1097; cole v. driskell, 1 .....

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Nov 11 1935 (FN)

Graham Vs. White-phillips Co., Inc.

Court : US Supreme Court

Decided on : Nov-11-1935

..... tribunals, and a statute provided that their opinions "shall not be of binding authority in any cause or proceeding other than in that in which they may be filed." illinois constitution 1870, art. vi, 11; cahill's illinois rev.stats.1933, c. 37, par. 49. no authoritative construction of the negotiable instrument law of illinois supports petitioner's position. and the ..... was negotiated to him, he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it." "notice of infirmity -- what constitutes. sec. 56. to constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual ..... the petitioner. the proceeding originated in the state court, where the petitioner and respondent here were interpleaded, and was removed to the district court on the ground of diversity of citizenship. mr. justice mcreynolds delivered the opinion of the court. by an appropriate proceeding, the treasurer of illinois sought an adjudication determining the ownership of eight $1,000 negotiable coupon bonds .....

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Apr 29 1935 (FN)

Atlantic Coast Line R. Co. Vs. Florida

Court : US Supreme Court

Decided on : Apr-29-1935

..... established state rates which it thought unreasonably low, and awarding the claimants the difference between the rates so fixed and those collected under color of the void order. third. the constitutional power of congress to regulate interstate commerce, and the incidental power to prevent unjust discrimination against that commerce by intrastate rates, are not self-executing, but must be exercised by ..... , upon a finding that they were confiscatory, had set them aside. no such procedure was initiated by the carrier. what of the rights of the state of florida? its duly constituted authorities had prescribed rates which had the force of a statute until repealed or set aside. these rates had been fixed, we must presume, with no thought of discrimination against ..... district court or this court to refuse the complainants the full measure of those rights would be to set at naught the laws of florida in violation of the federal constitution. sixth. moreover, this is not a case in which equitable considerations have any place. it is said that the coast line was compelled to exact the increased rates named in ..... obligation. if each of the shippers, instead of asking restitution of the district court, had instituted his separate action either in a florida state court or, because of diversity of citizenship and the amount in controversy, in a federal district court, he need only have offered the cummer scale and the order of the railroad commission of florida making it the .....

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Apr 17 1935 (PC)

Shiam Sunder Lal and ors. Vs. Mt. Savitri Kunwar

Court : Allahabad

Decided on : Apr-17-1935

Reported in : AIR1935All723; 157Ind.Cas.150

..... opinion that it ought to be authoritatively decided by a larger bench. in the circumstances we direct that this case be laid before the hon'ble chief justice for the constitution of a full bench for the decision of the question.thom, j.4. the question referred to this bench for decision arises out of plaintiffs' appeal in a suit for ..... suit. his argument was that the right to maintain the suit in the courts of justice was not merely a creature of statute but was inherent in the status of citizenship; it was a privilege of every citizen to resort to the courts of law for the vindication of his rights. we are unable to see any real distinction in principle .....

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