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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1939 Page 1 of about 11 results (0.031 seconds)

Jun 05 1939 (FN)

Hague Vs. Committee for Industrial Organization

Court : US Supreme Court

Decided on : Jun-05-1939

..... 8, 43 of the united states code. page 307 u. s. 511 as has been said, prior to the adoption of the fourteenth amendment, there had been no constitutional definition of citizenship of the united states, or of the rights, privileges, and immunities secured thereby or springing therefrom. the phrase "privileges and immunities" was used in article iv, 2 ..... a subsequent congress, there was introduced page 307 u. s. 510 at the same session an additional amendment to the constitution which became the fourteenth. the first sentence of the amendment settled the old controversy as to citizenship by providing that "all persons born or naturalized in the united states, and subject to the jurisdiction thereof, are citizens ..... civil war, there was confusion and debate as to the relation between united states citizenship and state citizenship. beyond dispute, citizenship of the united states, as such, existed. the constitution, in various clauses, recognized it, [ footnote 11 ] but nowhere defined it. many thought state citizenship, and that only, created united states citizenship. [ footnote 12 ] after the adoption of the thirteenth amendment, a bill, ..... 542 , 92 u. s. 551 , that the right of assembly was not secured against state action by the constitution, must be attributed to the decision in the slaughter-house cases that only privileges and immunities peculiar to united states citizenship were secured by the privileges and immunities clause, and to the further fact that, at that time it had not .....

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May 29 1939 (FN)

Perkins Vs. Elg

Court : US Supreme Court

Decided on : May-29-1939

..... of such a denial, the treaty cannot be set up as a ground for refusing to accord to respondent the rights of citizenship in accordance with our constitution and laws by virtue of her birth in the united states. nor do we find anything in the terms of the protocol ..... independent nation to determine for itself, and according to its own constitution and laws, what classes of persons shall be entitled to its citizenship." united states v. wong kim ark, supra, p. 169 u. s. 668 . as municipal law determines how citizenship may be acquired, it follows that persons may have a dual ..... law. it was deemed to be a necessary consequence of the constitutional provisions by which persons born within the united states and subject to its jurisdiction become citizens of the united states. to cause a loss of that citizenship in the absence of treaty or statute having that effect, there ..... never became a citizen of the united states, jacob bohn [the son] was born of german parents in the united states. according to the constitution and laws of the united states as interpreted by the courts, a child born to alien parents in the united states is an american citizen, ..... of allegiance to the united states upon attaining their majority." [ footnote 26 ] see note 25 [ footnote 27 ] "compilation of certain departmental circulars" relating to citizenship, etc., issued by department of state, 1925, containing instructions to diplomatic and consular officers under date of november 24, 1923, pp. 118, 121, 122. [ .....

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Nov 06 1939 (FN)

Treinies Vs. Sunshine Mining Co.

Court : US Supreme Court

Decided on : Nov-06-1939

..... state the complainant himself is a citizen, satisfies the requirements of the interpleader act as to diversity of citizenship, since the act requires diversity only as between the claimants. p. 308 u. s. 70 . 3. art. iii, 2 of the federal constitution, extending the judicial power of the united states to controversies "between citizens of different states," is broad ..... another, the adverse group, who are citizens of idaho. under the interpleader act, this identity of citizenship is permissible, since diversity only between claimants is required. the interpleader act is based upon the clause of section two, article iii, of the constitution, which extends the judicial power of the united states to controversies "between citizens of different states." is ..... cover the present situation? the judicial code, section 24, provides for original jurisdiction of suits of a civil nature between citizens of different states in precisely the language of the constitution. the present wording is practically the same as that of the act of march 3, 1875, [ footnote 7 ] "the circuit courts . . . shall have original cognizance . . . of all suits . ..... acts forbids suits in the federal courts unless all the parties on one side are of citizenship diverse to those on the other side. [ footnote 9 ] for the determination of the validity of the interpleader act, we need not decide whether the words of the constitution, "controversies . . . between citizens of different states," have a different meaning from that .....

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Jan 16 1939 (FN)

Pullman Co. Vs. Jenkins

Court : US Supreme Court

Decided on : Jan-16-1939

..... state law and practice. questions of state constitutional, page 305 u. s. 548 statutory and general law which have not been clearly and finally determined by the state's highest court ..... , thus giving each litigant a final determination of his rights under state laws by the body vested with final authority to interpret those laws. rights and privileges under the federal constitution and laws, which may be involved in such litigation in a state court, can still be protected by appeal to this court. the statutory privilege of removal should be protected ..... shall be several which the plaintiff elects to make joint. ( see cases cited in alabama great southern railway co. v. thompson, supra ). a state has an unquestionable right by its constitution and laws to regulate actions for negligence, and where it has provided that the plaintiff in such cases may proceed jointly or severally against those liable for the injury, and ..... the jurisdiction of federal district courts. the constitutional division of powers between the states and the national government makes it necessary that the jurisdictional policy declared by congress be scrupulously observed. this is especially so in view of the fact that, after removal of a cause from a state court by reason of diversity of citizenship, the federal court must proceed under .....

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May 22 1939 (FN)

O'Malley Vs. Woodrough

Court : US Supreme Court

Decided on : May-22-1939

..... business has long since made impossible the early healthy practice whereby the justices gave expression to individual opinions. but the old tradition still has relevance when an important shift in constitutional doctrine is announced after a reconstruction in the membership of the court. . . . the arguments upon which m'culloch v. maryland, 4 wheat. 316, rested . . . have been distorted ..... and some not; presumably the latter were prepared by law students. the suggestion that, as citizens, judges are not immune from taxation begs the question here presented. the constitution itself puts judges in a separate class, declaring that, at stated times, they shall receive for their services compensation which "shall not be diminished." and so their salaries are ..... possible care is requisite to enable it to defend itself against their attacks. . . ." "the complete independence of the courts of justice is peculiarly essential in a limited constitution. by a limited constitution, i understand one which contains certain specified exceptions to the legislative authority -- such, for instance, as that it shall pass no bills of attainder, no ex post ..... federal judge, a diminution of his salary within the prohibition of article iii, 1, of the constitution. to suggest that it makes inroads upon the independence of judges who took office after congress had thus charged them with the common duties of citizenship, by making them bear their aliquot share of the cost of maintaining the government, is to .....

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Jan 03 1939 (FN)

Lyon Vs. Mutual Benefit Health and Accident Assn.

Court : US Supreme Court

Decided on : Jan-03-1939

..... cannot -- by rules of procedure -- be deprived of fundamental rights guaranteed by the constitution and laws of the united states, the local arkansas rule followed by the district court does not result in such deprivation. in effect, that local rule is practically identical with ..... anything to indicate a desire or belief that the jury should pass upon any facts. thus, the district court sitting in arkansas, having jurisdiction only by reason of diversity of citizenship and trying a suit involving an arkansas contract, followed the procedural rule announced by the highest court of that state. page 305 u. s. 492 while litigants in federal courts ..... with the conformity act, followed the arkansas procedural rule governing the effect of a request for a peremptory instruction, and that that rule did not deprive the defendant of any constitutional right. p. 305 u. s. 490 . 95 f.2d 528 reversed. certiorari, post, p. 583, to review a judgment reversing a judgment for the petitioner in an action to recover ..... by the circuit court of appeals was erroneous. p. 305 u. s. 489 . 5. in a suit in arkansas upon an arkansas insurance policy, federal jurisdiction resting upon diversity of citizenship, the district court, at the close of the evidence and upon the request of the defendant for a peremptory instruction, denied the request and directed a verdict for the plaintiff .....

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Mar 27 1939 (FN)

Graves Vs. New York ex rel. O'Keefe

Court : US Supreme Court

Decided on : Mar-27-1939

..... to mount. these decisions have encountered increasing dissent. [ footnote 2/6 ] in view of the powerful pull of our decisions upon the courts charged with maintaining the constitutional equilibrium of the two other great english federalisms, the canadian and the australian courts were at first inclined to follow the earlier doctrines of this court regarding intergovernmental immunity. ..... court sits." panhandle oil co. v. mississippi, 277 u. s. 218 , 277 u. s. 223 (dissent). failure to exempt public functionaries from the universal duties of citizenship to pay for the costs of government was hypothetically transmuted into hostile action of one government against the other. a succession of decisions thereby withdrew from the taxing power of ..... [ footnote 2/3 ] the seductive cliche that the power to tax involves the power to destroy was fused with another assumption, likewise not to be found in the constitution itself -- namely, the doctrine that the immunities are correlative -- because the existence of the national government implies immunities from state taxation, the existence of state governments implies equivalent ..... the early healthy practice whereby the justices gave expression to individual opinions. [ footnote 2/1 ] but the old tradition still has relevance when an important shift in constitutional doctrine is announced after a reconstruction in the membership of the court. such shifts of opinion should not derive from mere private judgment. they must be duly mindful of .....

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Apr 17 1939 (FN)

Mulford Vs. Smith

Court : US Supreme Court

Decided on : Apr-17-1939

..... the federal government; found the tax, the appropriation of the money raised, and the directions for its disbursement to be but the means to an unconstitutional end; showed that the constitution confers no power to regulate production and that, therefore, legislation for that purpose is forbidden; emphasized the principle established by earlier decisions that a prohibited end may not be attained ..... known, when the grower places his tobacco on the warehouse floor for sale, whether it is destined for interstate or intrastate commerce. regulation, to be effective, must, and therefore may, constitutionally apply to all sales. [ footnote 16 ] this page 307 u. s. 48 court has recently declared that sales of tobacco by growers through warehousemen to purchasers for removal outside the ..... bill. [ footnote 11 ] before coming to the merits, we inquire whether the court below had jurisdiction as a federal court or as a court of equity. though no diversity of citizenship is alleged, nor is any amount in controversy asserted so as to confer jurisdiction under subsection (1) [ footnote 12 ] of 24 of the judicial code, the case falls within subsection ..... quotas. held: (1) the suit is within 24(8) jud.code, which confers jurisdiction upon district courts "of all suits and proceedings arising under any law regulating commerce," irrespective of citizenship of parties or amount in controversy. p. 307 u. s. 46 . (2) the suit is not forbidden by r.s. 3224, which applies only to restraint of assessment or .....

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Nov 22 1939 (FN)

Neirbo Co. Vs. Bethlehem Shipbuilding Corp., Ltd.

Court : US Supreme Court

Decided on : Nov-22-1939

..... be brought only in the district of the residence of either the plaintiff or the defendant." [ footnote 2 ] see henderson, "the position of foreign corporations in american constitutional law," passim, and especially the illuminating analysis pp. 163-194. [ footnote 3 ] see gray, "the nature and sources of the law," 184, and henderson, ..... philadelphia & reading c. & i. co., 217 n.y. 432, 436, 437, 111 n.e. 1075, 1076. a statute calling for such a designation is constitutional, and the designation of the agent "a voluntary act." pennsylvania fire ins. co. v. gold issue mining co., 243 u. s. 93 . in finding an actual ..... contained a provision, wholly distinct from the general venue section, restricting the growing volume of litigation drawn to the federal courts by the fiction of corporate citizenship. [ footnote 9 ] it prohibited resort to the federal courts by foreign corporations authorized to do a local business. the senate rejected, as it ..... of process in return for the privilege of doing local business. that service upon such an agent, in conformity with a valid state statute, constituted consent to be sued in the federal court, and thereby supplanted the immunity as to venue, was the rationale of schollenberger's case. to be ..... circuit courts generally has been to decline jurisdiction in this class of suits." 96 u. s. 369 , 96 u. s. 378 . [ footnote 6 ] day v. newark india rubber mfg. co., 1 blatchf. 628, fed.cas. no. 3685; pomeroy v. new york, n.h. & h. r. co., 4 blatchf. 120, fed.cas. .....

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Jan 30 1939 (FN)

Bowen Vs. Johnston

Court : US Supreme Court

Decided on : Jan-30-1939

..... and hence that the district court in georgia did not have jurisdiction to try the petitioner. the court, taking the view that the united states could constitutionally acquire jurisdiction over the park ( collins v. yosemite park co., 304 u. s. 518 ), held that the question whether the united states did ..... county taxes, the same as if they resided elsewhere, and that citizens of this state in said ceded territory shall retain all rights of state suffrage and citizenship. . . ." later acts of cession contained a similar reservation as to criminal jurisdiction. [ footnote 3 ] if the matter rested with these statutes, ..... sole question was whether this park was within the exclusive jurisdiction of the united states. there is no question that the united states had the constitutional power to acquire the territory for the purpose of a national park, and that it did acquire it. whether or not the national government ..... 451, third. the last clause covers cases where exclusive jurisdiction is acquired by the united states pursuant to article 1, 8, paragraph 17, of the constitution. in the instant case, no question of fact was presented with respect to the place where the crime was committed. the indictment specified the place, that ..... decided january 30, 1939 306 u.s. 19 certiorari to the circuit court of appeals for the ninth circuit syllabus 1. the united states has constitutional power to acquire land within the exterior limits of a state for a national park. p. 306 u. s. 23 . 2. as a general .....

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