List of United States Supreme Court cases, volume 267

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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 267 of United States Reports , decided by the Supreme Court of the United States in 1925.

Contents

Justices of the Supreme Court at the time of volume 267 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 267 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)
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)
Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)

Notable Cases in 267 U.S.

Ex parte Grossman

In Ex parte Grossman , 267 U.S. 87 (1925), the Supreme Court held that the US President may pardon criminal contempt of court. [2] Grossman had been convicted of criminal contempt but was pardoned by the President. The U.S. district court then sent him back to prison, and he appealed to the Supreme Court.

Carroll v. United States

In Carroll v. United States , 267 U.S. 132 (1925), the Supreme Court upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has been cited as widening the scope of warrantless search. The Court noted that Congress early observed the need for a search warrant in non-border search situations, and Congress always recognized "a necessary difference" between searches of buildings and vehicles "for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."

Removal of liquor during Prohibition 5 Prohibition Disposal(9) (cropped).jpg
Removal of liquor during Prohibition

Samuels v. McCurdy

Samuels v. McCurdy , 267 U.S. 188 (1925), is a decision regarding the application of ex post facto when an object was legally purchased and possessed, but was then later banned by statute. In 1917, Georgia's criminal alcohol prohibition law became effective before federal prohibition did under the Eighteenth Amendment. Sig Samuels had legally purchased alcohol for personal use before the ban. A sheriff seized the alcohol with a valid search warrant after prohibition became effective. Samuels sued for a return of his property for violating his due process; he also claimed the law was being applied in an unconstitutional ex post facto fashion because consumption per se was not forbidden by Georgia's law. The Supreme Court held that ex post facto does not apply, because possession is an ongoing condition.

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 267 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Guardian Savings and Trust Company v. Road Improvement District No. 7 1 (1925) Holmesnonenone 8th Cir. reversed
College Point Boat Corporation v. United States 12 (1925) Brandeisnonenone Ct. Cl. affirmed
Lederer v. Fidelity Trust Company 17 (1925) Holmesnonenone 3d Cir. reversed
Direction der Disconto-Gesellschaft v. United States Steel Corporation 22 (1925) Holmesnonenone S.D.N.Y. affirmed
New Mexico v. Colorado 30 (1925) Sanfordnonenone original multiple
Swiss National Insurance Company v. Miller 42 (1925) TaftnoneMcReynolds D.C. Cir. affirmed
Standard Oil Company of New Jersey v. United States 76 (1925) Holmesnonenone 3d Cir. reversed
Morse v. United States 80 (1925) Sutherlandnonenone S.D.N.Y. affirmed
James Shewan and Sons, Inc. v. United States 86 (1925) Taftnonenone S.D.N.Y. remanded
Ex parte Grossman 87 (1925) Taftnonenone N.D. Ill. habeas corpus granted
Nahmeh v. United States 122 (1925) Taftnonenone E.D.N.Y. reversed
Merchants Mutual Liability Insurance Company v. Smart 126 (1925) Taftnonenone N.Y. Sup. Ct. affirmed
Carroll v. United States 132 (1925) TaftnoneMcReynolds W.D. Mich. affirmed
Work v. United States ex rel. Rives 175 (1925) Taftnonenone D.C. Cir. reversed
Work v. United States ex rel. Chestatee Pyrites and Chemical Corporation 185 (1925) Taftnonenone D.C. Cir. reversed
Samuels v. McCurdy 188 (1925) TaftnoneButler Ga. affirmed
Pennsylvania Railroad System and Allied Lines Federation No. 90 v. Pennsylvania Railroad Company 203 (1925) Taftnonenone 3d Cir. affirmed
Pennsylvania System Board of Adjustment of the Brotherhood of Railway and Steamship Clerks v. Pennsylvania Railroad Company 219 (1925) Taftnonenone 3d Cir. affirmed
S.S. Coamo 220 (1925) Holmesnonenone 2d Cir. certification
Flanagan v. Federal Coal Company 222 (1925) Holmesnonenone Tenn. reversed
Stein v. Tip-Top Baking Company 226 (1925) Holmesnonenone] W.D. Ky. reversed
Kaplan v. Tod 228 (1925) Holmesnonenone S.D.N.Y. affirmed
Fort Smith Smelter Company v. Clear Creek Oil and Gas Company 231 (1925) Holmesnonenone Ark. affirmed
A.B. Small Company v. American Sugar Refining Company 233 (1925) VanDevanternonenone S.D. Ga. affirmed
A.B. Small Company v. Lamborn and Company 248 (1925) VanDevanternonenone S.D. Ga. affirmed
Browne v. Union Pacific Railroad Company 255 (1925) McReynoldsnonenone Kan. affirmed
Austin Nichols and Company v. Steamship "Isla de Panay" 260 (1925) McReynoldsnoneSutherland 2d Cir. affirmed
Fulton National Bank of Atlanta v. Hozier 276 (1925) McReynoldsnonenone 5th Cir. reversed
United States v. Cornell Steamboat Company 281 (1925) McReynoldsnonenone Ct. Cl. affirmed
Chicago Great Western Railway Company v. Schendel 287 (1925) McReynoldsnonenone Minn. affirmed
Davis v. Newton Coal Company 292 (1925) McReynoldsnonenone Pa. affirmed
United States v. Archibald McNeil and Sons Company, Inc. 302 (1925) McReynoldsnonenone E.D. Pa. affirmed
Buck v. Kuykendall 307 (1925) BrandeisnoneMcReynolds W.D. Wash. reversed
G.W. Bush and Sons Company v. Maloy 317 (1925) BrandeisnoneMcReynolds Md. reversed
Smyth v. Asphalt Belt Railway Company 326 (1925) Brandeisnonenone W.D. Tex. remand to 5th Cir.
Fort Smith Light and Traction Company v. Bourland 330 (1925) Brandeisnonenone Ark. affirmed
Cannon Manufacturing Company v. Cudahy Packing Company 333 (1925) Brandeisnonenone W.D.N.C. affirmed
Merritt v. United States 338 (1925) Brandeisnonenone Ct. Cl. affirmed
Mitchell v. United States 341 (1925) Brandeisnonenone Ct. Cl. affirmed
St. Louis, Kennett and Southeastern Railroad Company v. United States 346 (1925) Brandeisnonenone Ct. Cl. affirmed
Cairo, Truman and Southern Railroad Company v. United States 350 (1925) Brandeisnonenone Ct. Cl. affirmed
Grayson v. Harris 352 (1925) Sutherlandnonenone Okla. multiple
Ohio Utilities Company v. Public Utilities Commission of Ohio 359 (1925) Sutherlandnonenone Ohio reversed
Lynch v. Alworth-Stephens Company 364 (1925) Sutherlandnonenone 8th Cir. affirmed
Blundell v. Wallace 373 (1925) Sutherlandnonenone Okla. affirmed
City of Newark v. Central Railroad Company of New Jersey 377 (1925) Butlernonenone 3d Cir. affirmed
United States v. Butterworth-Judson Corporation 387 (1925) Butlernonenone 2d Cir. reversed
Louisville and Nashville Railroad Company v. United States 395 (1925) Butlernonenone Ct. Cl. affirmed
Chicago, Milwaukee and St. Paul Railway Company v. United States 403 (1925) Butlernonenone Ct. Cl. affirmed
Missouri Pacific Railroad Company v. Stroud 404 (1925) Butlernonenone Mo. Ct. App. reversed
United States v. Kaufman 408 (1925) Sanfordnonenone 2d Cir. affirmed
Price v. Magnolia Petroleum Company 415 (1925) Sanfordnonenone Okla. affirmed
Pearson v. United States 423 (1925) Sanfordnonenone Ct. Cl. affirmed
Lancaster v. McCarty 427 (1925) Taftnonenone Tex. Civ. App. reversed
Brooks v. United States 432 (1925) Taftnonenone D.S.D. affirmed
Barclay and Company, Inc. v. Edwards 442 (1925) Taftnonenone S.D.N.Y. rehearing denied
Oklahoma v. Texas 452 (1925) VanDevanternonenone original boundary set
Sanford and Brooks Company v. United States 455 (1925) Brandeisnonenone Ct. Cl. affirmed
Horowitz v. United States 458 (1925) Sanfordnonenone Ct. Cl. affirmed
Olson v. United States Spruce Production Corporation 462 (1925) Holmesnonenone D. Or. reversed
Lewis v. Roberts 467 (1925) Sanfordnonenone 5th Cir. reversed
United States v. P. Lorillard Company 471 (1925) Holmesnonenone Ct. Cl. affirmed
Wells v. Bodkin 474 (1925) Taftnonenone 9th Cir. affirmed
Bohler v. Callaway 479 (1925) Taftnonenone S.D. Ga. affirmed
Western and Atlantic Railroad Company v. Georgia Public Service Commission 493 (1925) Taftnonenone N.D. Ga. affirmed
Steele v. United States I 498 (1925) Taftnonenone S.D.N.Y. affirmed
Steele v. United States II 505 (1925) Taftnonenone S.D.N.Y. affirmed
Santa Fe Pacific Railroad Company v. Work 511 (1925) Taftnonenone D.C. Cir. affirmed
Cooke v. United States 517 (1925) Taftnonenone 5th Cir. reversed
Yeiser v. Dysart 540 (1925) Holmesnonenone Neb. affirmed
Lee v. Lehigh Valley Coal Company 542 (1925) Holmesnonenone S.D.N.Y. affirmed
Modern Woodmen of America v. Mixer 544 (1925) Holmesnonenone Neb. reversed
Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) 552 (1925) VanDevanternonenone Kan. multiple

Notes and references

    1. "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
    2. Butler, Paul M. (1929). "Contempt and Executive Power to Pardon, Part II". Notre Dame Law Review. 4 (8). ISSN   0745-3515.