List of United States Supreme Court cases, volume 262

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789;234 years ago (1789-03-04)
Location Washington, D.C.
Coordinates 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Coordinates: 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 262 of United States Reports , decided by the Supreme Court of the United States in 1923.

Contents

Justices of the Supreme Court at the time of volume 262 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). [1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 262 were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
William Howard Taft 1909b.jpg William Howard Taft Chief Justice Connecticut Edward Douglass White June 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
Justice McKenna.jpg Joseph McKenna Associate Justice California Stephen Johnson Field January 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
Oliver Wendell Holmes Jr circa 1930-edit.jpg Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
Willis Van Devanter.jpg Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice)December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
Jamescmcreynolds.jpg James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Brandeisl.jpg Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
Justice George Sutherland 5.jpg George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)
Pierce Butler.jpg Pierce Butler Associate Justice Minnesota William R. Day December 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Justice Edward Terry Sanford.jpg Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney January 29, 1923
(Acclamation)
February 19, 1923

March 8, 1930
(Died)

Notable case in 262 U.S.

United States 1918 bond posters with germanophobic slogans WWIHunNatlArchives.jpg
United States 1918 bond posters with germanophobic slogans

Meyer v. Nebraska

In Meyer v. Nebraska , 262 U.S. 390 (1923), the Supreme Court held that a 1919 Nebraska law restricting foreign-language education violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Nebraska law had been passed during World War I, during a period of heightened anti-German sentiment in the United States. The Court held that the liberties protected by the Fourteenth Amendment applied to foreign-language speakers. Meyer, along with Pierce v. Society of Sisters (1925), is often cited as one of the first instances in which the U.S. Supreme Court engaged in substantive due process in the area of civil liberties. Harvard Law Professor Laurence Tribe has called them "the two sturdiest pillars of the substantive due process temple". He noted that the decisions in these cases did not describe specific acts as constitutionally protected but a broader area of liberty: "[they] described what they were protecting from the standardizing hand of the state in language that spoke of the family as a center of value-formation and value-transmission ... the authority of parents to make basic choices" and not just controlling the subjects one's child is taught. [2]

Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 262 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Chicago Board of Trade v. Olsen 1 (1923) Taftnonenone N.D. Ill. affirmed
Prendergast v. New York Telephone Company 43 (1923) Sanfordnonenone S.D.N.Y. affirmed
Commercial Trust Company of New Jersey v. Miller, Alien Property Custodian 51 (1923) McKennanonenone 3d Cir. affirmed
United States Trust Company of New York v. Miller, Alien Property Custodian 58 (1923) McKennanonenone D.N.J. affirmed
Ahrenfeldt v. Miller, Alien Property Custodian 60 (1923) McKennanonenone 3d Cir. affirmed
United States v. Luskey 62 (1923) McKennanonenone Ct. Cl. affirmed
United States v. Mossel 65 (1923) McKennanonenone Ct. Cl. affirmed
A.G. Spalding and Brothers v. Edwards 66 (1923) Holmesnonenone S.D.N.Y. reversed
St. Louis Southwestern Railway Company v. United States 70 (1923) Brandeisnonenone Ct. Cl. affirmed
Lion Bonding and Surety Company v. Karatz I 77 (1923) Brandeisnonenone 8th Cir. reversed
Ex parte Fuller 91 (1923) Taftnonenone S.D.N.Y. stay denied
New York ex rel. Clyde v. Gilchrist 94 (1923) Holmesnonenone N.Y. Sup. Ct. affirmed
Cunard Steamship Company, Ltd. v. Mellon, Secretary of the Treasury 100 (1923) VanDevanternoneSutherland S.D.N.Y. multiple
Cullinan v. Walker, Collector of Internal Revenue 134 (1923) Brandeisnonenone S.D. Tex. affirmed
Yuma County Water Users' Association v. Schlecht 138 (1923) Sutherlandnonenone 9th Cir. affirmed
Dier v. Banton 147 (1923) Taftnonenone S.D.N.Y. affirmed
Essgee Company of China v. United States 151 (1923) Taftnonenone S.D.N.Y. affirmed
Magnum Import Company, Inc. v. Coty 159 (1923) Taftnonenone 2d Cir. suspension denied
United States v. Sischo 165 (1923) Holmesnonenone 9th Cir. reversed
Bianchi v. Morales 170 (1923) Holmesnonenone D.P.R. affirmed
Oliver Iron Mining Company v. Lord 172 (1923) VanDevanternonenone D. Minn. affirmed
City of Trenton v. New Jersey 182 (1923) Butlernonenone N.J. Sup. Ct. dismissed
City of Newark v. New Jersey 192 (1923) Butlernonenone N.J. Sup. Ct. dismissed
Begg v. City of New York 196 (1923) Sanfordnonenone 2d Cir. dismissed
Work v. United States ex rel. McAlester-Edwards Company 200 (1923) Taftnonenone D.C. Cir. affirmed
American Steel Founderies v. Robertson 209 (1923) Taftnonenone N.D. Ill. reversed
Curtis, Collins and Holbrook Company v. United States 215 (1923) Taftnonenone 9th Cir. affirmed
Wagner Electric Manufacturing Company v. Lyndon 226 (1923) Taftnonenone E.D. Mo. dismissed
Graham v. Du Pont 234 (1923) Taftnonenone 3d Cir. reversed
Tulsidas v. Insular Collector of Customs 258 (1923) McKennanonenone Phil. affirmed
Stevens v. Arnold 266 (1923) Holmesnonenone 3d Cir. reversed
Hart v. B.F. Keith Vaudeville Exchange 271 (1923) Holmesnonenone S.D.N.Y. reversed
Ex parte Davis 274 (1923) McReynoldsnonenone S.D.N.Y. prohibition denied
Missouri ex rel. Southwestern Bell Telephone Company v. Public Service Commission of Missouri 276 (1923) McReynoldsBrandeisnone Mo. reversed
Davis v. Farmers Cooperative Equity Company 312 (1923) Brandeisnonenone Minn. reversed
Nashville, Chattanooga and St. Louis Railway v. Tennessee 318 (1923) Brandeisnonenone M.D. Tenn. reversed
South Utah Mines and Smelters v. Beaver County 325 (1923) Sutherlandnonenone D. Utah reversed
Riddle v. Dyche 333 (1923) Sutherlandnonenone N.D. Ga. affirmed
L. Vogelstein and Company, Inc. v. United States 337 (1923) Butlernonenone Ct. Cl. affirmed
United States v. New River Collieries Company 341 (1923) Butlernonenone 3d Cir. affirmed
International Life Insurance Company v. Sherman 346 (1923) Butlernonenone Mo. dismissed
Campbell v. City of Olney 352 (1923) ButlernonenoneYoung County Ct.dismissed
McCarthy v. Arndstein 355 (1923) Sanfordnonenone S.D.N.Y. affirmed
Houston Coal Company v. United States 361 (1923) McReynoldsnonenone S.D. Ohio reversed
First National Bank of San Jose v. California 366 (1923) McReynoldsnonenone Cal. reversed
United States v. American Linseed Oil Company 371 (1923) McReynoldsnonenone N.D. Ill. reversed
Meyer v. Nebraska 390 (1923) McReynoldsnonenone Neb. reversed
Bartels v. Iowa 404 (1923) McReynoldsnoneHolmesmultiplereversed
Atlantic Coast Line Railroad Company v. Daughton 413 (1923) Brandeisnonenone E.D.N.C. affirmed
Collins v. Loisel 426 (1923) Brandeisnonenone E.D. La. affirmed
Georgia Railway and Power Company v. City of Decatur 432 (1923) Sutherlandnonenone Ga. reversed
Georgia Railway and Power Company v. City of College Park 441 (1923) Sutherlandnonenone Ga. reversed
Brush Electric Company v. City of Galveston 443 (1923) Sutherlandnonenone S.D. Tex. affirmed
Massachusetts v. Mellon, Secretary of the Treasury 447 (1923) Sutherlandnonenone D.C. Cir. multiple
Willard, Sutherland and Company v. United States 489 (1923) Butlernonenone Ct. Cl. affirmed
William C. Atwater and Company, Inc. v. United States 495 (1923) Butlernonenone Ct. Cl. affirmed
Madera Sugar Pine Company v. Industrial Accident Commission of California 499 (1923) Sanfordnonenone Cal. affirmed
Sonneborn Brothers v. Cureton 506 (1923) TaftMcReynoldsnone W.D. Tex. affirmed
Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) 522 (1923) Taftnonenone Kan. reversed
Kentucky Finance Corporation v. Paramount Auto Exchange 544 (1923) VanDevanternoneBrandeis Wis. reversed
Pennsylvania v. West Virginia 553 (1923) VanDevanternoneHolmes; McReynolds; Brandeis original decree for Pa.
Georgia Railway and Power Company v. Railroad Commission of Georgia 625 (1923) BrandeisnoneMcKenna N.D. Ga. affirmed
Lion Bonding and Surety Company v. Karatz II 640 (1923) Brandeisnonenone 8th Cir. modification denied
American Bank and Trust Company v. Federal Reserve Bank of Atlanta 643 (1923) Brandeisnonenone 5th Cir. affirmed
Farmers and Merchants Bank of Monroe, North Carolina v. Federal Reserve Bank of Richmond 649 (1923) Brandeisnonenone N.C. reversed
Joslin Manufacturing Company v. City of Providence 668 (1923) Sutherlandnonenone R.I. Super. Ct. affirmed
Bluefield Water Works and Improvement Company v. Public Service Commission of West Virginia 679 (1923) Butlernonenone W. Va. reversed
City National Bank of El Paso v. El Paso and Northeastern Railroad Company 695 (1923) Butlernonenone Tex. Civ. App. affirmed
Rindge Company v. Los Angeles County 700 (1923) Sanfordnonenone Cal. Ct. App. affirmed
Milheim v. Moffat Tunnel Improvement District 710 (1923) Sanfordnonenone Colo. affirmed

Notes and references

    1. "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
    2. Tribe, Lawrence (2004). "Lawrence v. Texas: The 'Fundamental Right' That Dare Not Speak Its Name". Harvard Law Review . 117 (6): 1893–1955 [p. 1934]. doi:10.2307/4093306. JSTOR   4093306.