This is a list of cases reported in volume 266 of United States Reports, decided by the Supreme Court of the United States in 1924 and 1925.
Justices of the Supreme Court at the time of volume 266 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). 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 266 were decided the Court comprised the following nine members:
Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court William Howard Taft Chief Justice Connecticut Edward Douglass White (Acclamation) –February 3, 1930(Retired) Joseph McKenna Associate Justice California Stephen Johnson Field (Acclamation) –January 5, 1925(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton (44–6) –January 31, 1941(Retired) Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar (47–22) –February 13, 1939(Retired) George Sutherland Associate Justice Utah John Hessin Clarke (Acclamation) –January 17, 1938(Retired) Pierce Butler Associate Justice Minnesota William R. Day (61–8) –November 16, 1939(Died) Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney (Acclamation) –March 8, 1930(Died)
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. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in volume 266 U.S. Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Ziang Sung Wan v. United States1 (1924) Brandeis none none D.C. Cir. reversed Terminal Railroad Association v. United States17 (1924) Butler none none E.D. Mo. reversed Love v. Griffith32 (1924) Holmes none none Tex. Ct. App. affirmed McCarthy v. Arndstein34 (1924) Brandeis none none S.D.N.Y. reaffirmed Michaelson v. United States ex rel. Chicago, St. Paul, Minneapolis and Omaha Railway Company42 (1924) Sutherland none none 7th Cir. certification Air-Way Electric Appliance Corporation v. Day71 (1924) Butler none none S.D. Ohio reversed Twin Falls Salmon River Land and Water Company v. Caldwell85 (1924) VanDevanter none none 9th Cir. affirmed Davis v. Henderson92 (1924) Brandeis none none Ark. multiple Chicago Great Western Railway Company v. Kendall94 (1924) Taft none none S.D. Iowa affirmed Nassau Smelting and Refining Works, Ltd. v. United States101 (1924) Taft none none S.D.N.Y. affirmed James Shewan and Sons, Inc. v. United States108 (1924) Taft none none S.D.N.Y. reversed Tod v. Waldman113 (1924) Taft none none 2d Cir. reversed Mellon v. Orinoco Iron Company121 (1924) Taft none none D.C. Cir. affirmed Avent v. United States127 (1924) Holmes none none S.D. Ohio transfer to 6th Cir. Mackenzie v. A. Engelhard and Sons Company131 (1924) Holmes none none 6th Cir. reversed B. Fernandez and Brothers v. Ayllon y Ojeda144 (1924) Holmes none none 1st Cir. reversed Davis v. Kennedy147 (1924) Holmes none none Tenn. reversed A.W. Duckett and Company v. United States149 (1924) Holmes none none Ct. Cl. reversed Commonwealth Trust Company of Pittsburgh v. Smith152 (1924) VanDevanter none none 9th Cir. affirmed Work v. United States ex rel. Lynn161 (1924) VanDevanter none none D.C. Cir. reversed Gonsalves v. Morse Dry Dock and Repair Company171 (1924) McReynolds none none E.D.N.Y. reversed Biddle v. Luvisch173 (1924) McReynolds none none 8th Cir. dismissed House v. Road Improvement District No. 2 of Conway County, Arkansas175 (1924) McReynolds none none Ark. dismissed Southern Railway Company v. City of Durham178 (1924) McReynolds none none N.C. affirmed Crouch v. United States180 (1924) McReynolds none none E.D. Va. remanded Davis v. Currie182 (1924) McReynolds none none S.C. dismissed Missouri Pacific Railroad Company v. Hanna184 (1924) McReynolds none none Ark. dismissed Erie Railroad Company v. Kirkendall185 (1924) McReynolds none none Ohio Dist. Ct. App. dismissed Missouri Pacific Railroad Company v. Western Crawford Road Improvement District187 (1924) Brandeis none none Ark. affirmed United States v. Pennsylvania Railroad Company191 (1924) Brandeis none none M.D. Pa. reversed Missouri ex rel. St. Louis, Brownsville and Mexico Railway Company v. Taylor200 (1924) Brandeis none none Mo. affirmed Panama Canal Railway Company v. Rock209 (1924) Sutherland none Holmes 5th Cir. reversed Savage Arms Corporation v. United States217 (1924) Sutherland none none Ct. Cl. affirmed Silberschein v. United States221 (1924) Sutherland none none E.D. Mich. affirmed Sunderland v. United States226 (1924) Sutherland none none 8th Cir. affirmed United States v. Moser236 (1924) Sutherland none none Ct. Cl. affirmed Miller v. Robertson243 (1924) Butler none none 2d Cir. affirmed Ferries Company v. United States260 (1924) Butler none none Ct. Cl. affirmed Gorham Manufacturing Company v. State Tax Commission of New York265 (1924) Sanford none none S.D.N.Y. affirmed Bass, Ratcliff and Gretton, Ltd. v. State Tax Commission of New York271 (1924) Sanford none none N.Y. Sup. Ct. affirmed Endicott Johnson Corporation v. Encyclopedia Press, Inc.285 (1924) Sanford none none N.Y. Sup. Ct. affirmed Endicott Johnson Corporation v. Smith291 (1924) Sanford none none N.Y. Sup. Ct. affirmed Sovereign Camp of Woodmen of the World v. O'Neill292 (1924) Sanford none none N.D. Tex. reversed Oklahoma v. Texas298 (1924) VanDevanter none none original tax decree United States v. Childs304 (1924) McKenna none none 2d Cir. reversed White v. Stump310 (1924) VanDevanter none none 9th Cir. reversed Davis v. O'Hara314 (1924) Butler none none Neb. reversed Gerdes v. Lustgarten321 (1924) Sanford none none 2d Cir. reversed United States v. The Barque Thekla328 (1924) Holmes none none 2d Cir. certification Westinghouse Electric and Manufacturing Company v. Formica Insulating Company342 (1924) Taft none none 6th Cir. affirmed In re East River Towing Company, Inc.355 (1924) Holmes none none 2d Cir. certification Campbell v. United States368 (1924) Butler none none S.D. Ohio affirmed National Paper and Type Company v. Bowers373 (1924) McKenna none none S.D.N.Y. affirmed United States v. Weissman377 (1924) Holmes none none D. Conn. dismissed Kansas City Southern Railway Company v. Road Improvement District No. 3 of Sevier County, Arkansas379 (1924) VanDevanter none none Ark. affirmed Aetna Life Insurance Company v. Dunken389 (1924) Sutherland none none Tex. Civ. App. reversed Davis v. Manry401 (1925) McKenna none none Ga. Ct. App. reversed Sanitary District of Chicago v. United States405 (1925) Holmes none none N.D. Ill. injunction granted The Panoil433 (1925) McReynolds none none E.D. La. affirmed Fullerton-Krueger Lumber Company v. Northern Pacific Railroad Company435 (1925) McReynolds none none Minn. affirmed Delaware and Hudson Company v. United States438 (1925) McReynolds none none S.D.N.Y. affirmed Robins Dry Dock and Repair Company v. Dahl449 (1925) McReynolds none none N.Y. Sup. Ct. reversed Behn, Meyer and Company, Ltd. v. Miller457 (1925) McReynolds none none D.C. Cir. reversed Compagnie Internationale de Produits Alimentaires, S.A. v. Miller473 (1925) McReynolds none none D.C. Cir. reversed United States v. Village of Hubbard474 (1925) Brandeis none McReynolds N.D. Ohio reversed Morrison v. Work481 (1925) Brandeis none none D.C. Cir. affirmed United States Bedding Company v. United States491 (1925) Brandeis none none Ct. Cl. affirmed Law v. United States494 (1925) Brandeis none none 9th Cir. reversed Hygrade Provision Company, Inc. v. Sherman497 (1925) Sutherland none none S.D.N.Y. affirmed Farmers and Mechanics National Bank of Fort Worth, Texas v. Wilkinson503 (1925) Sutherland none none N.D. Tex. dismissed Webster v. Fall507 (1925) Sutherland none none W.D. Okla. reversed Norton v. Larney511 (1925) Sutherland none none 8th Cir. affirmed Erie Coal and Coke Corporation v. United States518 (1925) Butler none none Ct. Cl. affirmed Baltimore and Ohio Railroad Company v. Groeger521 (1925) Butler none none 6th Cir. reversed United States v. Morrow531 (1925) Sanford none none Ct. Cl. reversed Kunhardt and Company, Inc. v. United States537 (1925) Sanford none none Ct. Cl. affirmed L. Richardson and Company, Inc. v. United States541 (1925) Sanford none none Ct. Cl. affirmed Ebert v. Poston548 (1925) Brandeis none none Mich. reversed Ozark Pipe Line Corporation v. Monier555 (1925) Sutherland none Brandeis W.D. Mo. reversed Michigan Public Utilities Commission v. Duke570 (1925) Butler none none E.D. Mich. affirmed
Notes and references
External links Case reports in volume 266 from Library of Congress Case reports in volume 266 from Court Listener Case reports in volume 266 from the Caselaw Access Project of Harvard Law School Case reports in volume 266 from Google Scholar Case reports in volume 266 from Justia Case reports in volume 266 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society