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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1941 Page 1 of about 13 results (0.063 seconds)

Nov 24 1941 (FN)

Edwards Vs. California

Court : US Supreme Court

Decided on : Nov-24-1941

..... right to compel it." a contention that a citizen's duty to render military service is suspended by "indigence" would meet with little favor. rich or penniless, duncan's citizenship under the constitution page 314 u. s. 186 pledges his strength to the defense of california as a part of the united states, and his right to migrate to any part of ..... continue to rest. to be sure, there are expressions in the cases that this right of free movement of persons is an incident of state citizenship protected against discriminatory state action by art. iv, 2 of the constitution. corfield v. coryell, 4 wash. c.c. 371, 381; paul v. virginia, 8 wall. 168, 75 u. s. 180 ; ward v. maryland, 12 wall ..... citizen to migrate from state to state which, i agree with mr. justice douglas, is shown by our precedents to be one of national citizenship, is not, however, an unlimited one. in addition to being subject to all constitutional limitations imposed by the federal government, such citizen is subject to some control by state governments. he may not, if a fugitive from ..... . 511 , and cases cited. thus, it is plain that the right of free ingress and egress rises to a higher constitutional dignity than that afforded by state citizenship. the conclusion that the right of free movement is a right of national citizenship stands on firm historical ground. if a state tax on that movement, as in the crandall case, is invalid, a fortiori .....

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Jan 20 1941 (FN)

Hines Vs. Davidowitz

Court : US Supreme Court

Decided on : Jan-20-1941

..... contrary to; occupying the field; repugnance; difference; irreconcilability; inconsistency; violation; curtailment, and interference. [ footnote 19 ] but none of these expressions provides an infallible constitutional test, or an exclusive constitutional yardstick. in the final analysis, there can be no one crystal clear distinctly marked formula. our primary function is to determine whether, under the circumstances of this ..... : "by the laws of several states, certain descriptions of aliens, who had rendered themselves obnoxious, were laid under interdicts inconsistent not only with the rights of citizenship, but with the privilege of residence. what would have been the consequence, if such persons, by residence or otherwise, had acquired the character of citizens under ..... aliens who have resided in the united states continuously since december 31, 1908, without acquiring a criminal record, and aliens who have filed their application for citizenship. the latter exception is qualified by the proviso that aliens in that category must still register if they "shall not have become naturalized within a period of ..... of equal laws." [ footnote 24 ] with a view to limiting prospective residents from foreign lands to those possessing the qualities deemed essential to good and useful citizenship in america, carefully defined qualifications are required to be met before aliens may enter our country. these qualifications include rigid requirements as to health, education, integrity, character .....

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Jun 02 1941 (FN)

Klaxon Co. Vs. Stentor Elec. Mfg. Co., Inc.

Court : US Supreme Court

Decided on : Jun-02-1941

..... between federal courts in different states is attributable to our federal system, which leaves to a state, within the limits permitted by the constitution, the right to pursue local policies diverging from those of its neighbors. it is not for the federal courts to thwart such local ..... to which courts at the forum have commonly been free to apply their own or some other law as they see fit. nothing in the constitution ensures unlimited extraterritorial recognition of all statutes or of any statute under all circumstances. pacific employers insurance co. v. industrial accident comm'n, 306 ..... by the federal court in delaware must conform to those prevailing in delaware's state courts. [ footnote 2 ] otherwise, the accident of diversity of citizenship would constantly disturb equal administration of justice in coordinate state and federal courts sitting side by side. see erie r. co. v. tompkins, supra ..... for the district of delaware, alleging that petitioner had failed to perform its agreement to use its best efforts. jurisdiction rested on diversity of citizenship. in 1939, respondent recovered a jury verdict of $100,000, upon which judgment was entered. respondent then moved to correct the judgment by ..... 1941 decided june 2, 1941 313 u.s. 487 certiorari to the circuit court of appeals for the third circuit syllabus 1. in diversity of citizenship cases, the federal courts, when deciding questions of conflict of laws, must follow the rules prevailing in the states in which they sit. erie .....

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Apr 28 1941 (FN)

Skiriotes Vs. Florida

Court : US Supreme Court

Decided on : Apr-28-1941

..... citizen of florida, he is not in a position to question the boundaries of the state as defined by its constitution, appellant has not challenged the statement as to his citizenship, while he does contest the legal consequences which the state insists flow from that fact. it further appears that, ..... with the original states, in all respects whatsoever." [ footnote 8 ] and the power given to congress by section 3 of article iv of the constitution to admit new states relates only to such states as are equal to each other "in power, dignity, and authority, each competent to exert that ..... 25, 1868, [ footnote 7 ] to which the state court refers, did not specifically accept or approve any boundaries as set up in the state constitution, but merely admitted florida and the other states mentioned to representation in congress. and, further, that, if congress can be regarded as having approved the ..... his operations inimical to its interests outside the territorial waters of florida. the state denies this, pointing to its boundaries as defined by the state constitution of 1868, which the state insists had the approval of congress and in which there has been acquiescence over a long period. see lipscomb v ..... low tide" on the mainland of the state and adjacent islands included within its territory. in support of this contention, appellant invoked several provisions of the constitution of the united states, to-wit, article i, section 10, clauses 1 and 3, article ii, section 2, clause 2, article vi, and .....

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Feb 17 1941 (FN)

Browder Vs. United States

Court : US Supreme Court

Decided on : Feb-17-1941

..... uncertain. this reasonable fear, this court held, entitled the taxpayer to requested instruction on his good faith in refusing to answer. this claim of constitutional right is quite different from the claim here of a right to use a passport obtained by false representation, contrary page 312 u. s. 342 ..... record that passports were customarily used to prove the bearer's citizenship on reentry into the united states at the time of this alleged offense. the use of a passport for reentry is now routine, although neither ..... act, but only those "uses in connection with travel which are a part of the ordinary incentives for obtaining passports." certainly the use to prove citizenship on reentry to the country is within the ordinary incentives. [ footnote 6 ] it is entirely page 312 u. s. 339 clear from the ..... contends that the indictment is for the "use" "of a passport as truthful proof of his kansas birth." since the "use" to prove an admitted fact -- his american citizenship -- was innocent, it is urged, no statutory prohibition was violated. the indictment, however, charges that petitioner "used . . . a passport . . . the issue ..... 1937, and again in february, page 312 u. s. 337 1938, petitioner showed his passport to an inspector to identify himself and establish his citizenship and consequent right to reenter the united states. the jury convicted him on both counts for willfully using a passport secured by a false statement, and .....

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Nov 10 1941 (FN)

Indianapolis Vs. Chase Nat'l Bank

Court : US Supreme Court

Decided on : Nov-10-1941

..... illusive artifices. settled restrictions against bringing local disputes into the federal courts cannot thus be circumvented. these requirements, however technical seeming, must be viewed in the perspective of the constitutional limitations upon the judicial power of the federal courts, [ footnote 5 ] and of the judiciary acts in defining the authority of the federal courts when they sit, in ..... these parties from the federal courts. if, as the opinion intimates, the forefathers are thought to have been unwise in creating a federal jurisdiction based on diversity of citizenship, we would think the remedy of those so minded would be found in congressional withdrawal of such jurisdiction, rather than in the confusing process of judicial constriction. we ..... own purposes, but also for purposes of diversity jurisdiction. but such realignment places indiana "citizens" on both sides of the litigation and precludes assumption of jurisdiction based upon diversity of citizenship. we are thus compelled to the conclusion that the page 314 u. s. 75 district court was without jurisdiction. [ footnote 4 ] and, of course, this court, ..... collision between the interests of the plaintiff and the interests of the indianapolis gas company," the district court realigned the latter as a party plaintiff, and, finding identity of citizenship between some of the plaintiffs and the remaining defendants, dismissed the suit for want of jurisdiction. the circuit court of appeals reversed, one judge dissenting, 96 f.2d .....

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Jun 02 1941 (FN)

GriffIn Vs. Mccoach

Court : US Supreme Court

Decided on : Jun-02-1941

..... contract where the beneficiaries have no insurable interest on the ground of its interference with local law, such refusal would be, in our opinion, within the constitutional power of the texas courts. rights acquired by contract outside a state are enforced within a state, certainly where its own citizens are concerned, but ..... below, ante, p. 313 u. s. 502 , that to apply the laws of texas to new york contracts when texas citizens were parties would constitute an unwarranted extraterritorial control of contracts and regulation of business, it seems necessary to examine that position as it may be determined upon remand that these are ..... company v. stentor electric manufacturing co., ante, p. 313 u. s. 487 , we are of the view that the federal courts in diversity of citizenship cases are governed by the conflict of laws rules of the courts of the states in which they sit. in deciding that the changes made in the insurance ..... of beneficiaries who have no insurable interest, though made in another state and valid where made, and such rule or policy binds the federal court exercising diverse citizenship jurisdiction in the state adopting it. p. 313 u. s. 506 . page 313 u. s. 499 3. in an action in a federal court ..... .s. 498 certiorari to the circuit court of appeals for the fifth circuit 1. the rules of conflict of laws which govern a federal court in diversity of citizenship cases are those of the state in which the federal court sits. klaxon co. v. stentor mfg. co., ante p. 313 u. s. 487 . p .....

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Nov 10 1941 (FN)

Baltimore and Ohio R. Co. Vs. Kepner

Court : US Supreme Court

Decided on : Nov-10-1941

..... . cf. princess lida v. thompson, 305 u. s. 456 , 305 u. s. 466 ; warren, federal and state court interference, 43 harv.l.rev. 345. nothing in article iii of the constitution or in the legislation by which congress has vested judicial power in the federal courts justifies such a doctrine. and so the basis of the decision of the court must ..... the section is not unique: it follows the familiar pattern generally employed by congress in framing venue provisions. e.g., 28 u.s.c. 112 (suits based upon diversity of citizenship); 28 u.s.c. 53 (suits by or against china trade act corporations); 28 u.s.c. 104 (suits for penalties and forfeitures); 28 u.s.c. 105 (suits for ..... senate report to the macon grocery case, interpreting the general venue statute. that statute placed venue in the residence of either party where the jurisdiction was founded on diversity of citizenship alone. the language finally adopted must have been deliberately chosen to enable the plaintiff, in the words of senator borah, who submitted the report on the bill, "to find the .....

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Apr 02 1941 (FN)

Shamrock Oil and Gas Corp. Vs. Sheets

Court : US Supreme Court

Decided on : Apr-02-1941

..... . 521 , 284 u. s. 525 ; cf. elgin v. marshall, 106 u. s. 578 . affirmed. [ footnote 1 ] "any suit of a civil nature at law or in equity, arising under the constitution or laws of the united states, or treaties made, or which shall be made, under their authority, of which the district courts of the united states are given original jurisdiction ..... . the question for decision is whether the suit in which the counterclaim is filed is one removable by the plaintiff to the federal district court on grounds of diversity of citizenship under 28 of the judicial code, 28 u.s.c. 71. the plaintiff in the state court removed the cause to the united states district court for northern texas, which ..... congress regulating the jurisdiction of federal courts is one calling for the strict construction of such legislation. the power reserved to the states page 313 u. s. 109 under the constitution to provide for the determination of controversies in their courts, may be restricted only by the action of congress in conformity to the judiciary articles of the ..... constitution. "due regard for the rightful independence of state governments, which should actuate federal courts, requires that they scrupulously confine their own jurisdiction to the precise limits which the statute has .....

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Jan 06 1941 (FN)

Vandenbark Vs. Owens-illinois Glass Co.

Court : US Supreme Court

Decided on : Jan-06-1941

..... took cognizance of the change and modified the action below because of the new status. [ footnote 19 ] similarly, repeal of criminal laws or of a constitutional provision without a saving clause deprives appellate courts of jurisdiction to page 311 u. s. 543 entertain further proceedings under their sanctions. [ footnote 20 ] ..... footnote 7 ] u.s.code, title 28, 725. " laws of states as rules of decision. the laws of the several states, except where the constitution, treaties, or statutes of the united states otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of ..... statute for any of the occupational diseases included in petitioner's complaint. respondent had fully complied with the workmen's compensation act. the ohio constitution and compensation statutes passed pursuant to its authority had been consistently construed by the ohio courts as page 311 u. s. 540 withdrawing the ..... [ footnote 2 ] nor the common law, as interpreted by the supreme court of that state, gave a right of recovery to petitioner. the constitution of ohio [ footnote 3 ] authorized the passing of laws establishing a state fund out of which compensation for death injuries or occupational diseases was to ..... of the circuit court of appeals that cases at law sounding in tort, brought in the federal courts on the ground of diversity of citizenship, are ruled by the state law as declared by the state's highest court when the judgment of the trial court is entered, and .....

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