This is a list of cases reported in volume 270 of United States Reports, decided by the Supreme Court of the United States in 1926.

Justices of the Supreme Court at the time of volume 270 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 270 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) 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) Harlan F. Stone Associate Justice New York Joseph McKenna (71–6) –July 2, 1941(Continued as chief justice)

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 270 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition United States v. St. Louis, San Francisco and Texas Railway Company1 (1926) Brandeis none none Ct. Cl. affirmed H.E. Crook Company, Inc. v. United States4 (1926) Holmes none none Ct. Cl. affirmed Mandelbaum v. United States7 (1926) Holmes none none 8th Cir. affirmed Maryland v. Soper I9 (1926) Taft none none D. Md. mandamus granted Maryland v. Soper II36 (1926) Taft none none D. Md. mandamus granted Maryland v. Soper III44 (1926) Taft none none D. Md. mandamus granted Cole v. Norborne Drainage District45 (1926) Holmes none none W.D. Mo. affirmed United States v. Holt State Bank49 (1926) VanDevanter none none 8th Cir. affirmed Millers' Indemnity Underwriters v. Braud59 (1926) McReynolds none none Tex. affirmed Interocean Oil Company v. United States65 (1926) Taft none none Ct. Cl. affirmed Rhode Island Hospital Trust Company v. Doughton69 (1926) Taft none none N.C. reversed Independent Wireless Telegraph Company v. Radio Corporation of America84 (1926) Taft none none 2d Cir. rehearing denied Oregon Railroad and Navigation Company v. Washington87 (1926) Taft none McReynolds Wash. reversed Southern Pacific Company v. United States103 (1926) Taft none none Ct. Cl. dismissed Cincinnati, Indianapolis and Western Railroad Company v. Indianapolis Union Railway Company107 (1926) Taft none none S.D. Ohio reversed Goldsmith v. United States Board of Tax Appeals117 (1926) Taft none none D.C. Cir. affirmed United States v. Swift and Company124 (1926) Taft none none Ct. Cl. affirmed Morse v. United States151 (1926) Taft none none Ct. Cl. dismissed Rogers v. United States154 (1926) Taft none none Ct. Cl. affirmed Girard Trust Company v. United States163 (1926) Taft none none Ct. Cl. reversed White v. United States175 (1926) Holmes none none E.D. Va. affirmed United States v. Minnesota181 (1926) VanDevanter none none original multiple L. Littlejohn and Company v. United States215 (1926) McReynolds none none S.D.N.Y. affirmed Sanchez v. Deering227 (1926) McReynolds none none 5th Cir. affirmed Schlesinger v. Wisconsin230 (1926) McReynolds none none Wis. reversed First Moon v. White Tail243 (1926) McReynolds none none W.D. Okla. affirmed Iselin v. United States245 (1926) Brandeis none none Ct. Cl. reversed Midland Land and Improvement Company v. United States251 (1926) Brandeis none none Ct. Cl. affirmed Armour and Company v. Fort Morgan Steamship Company253 (1926) Brandeis none none 5th Cir. affirmed Chesapeake and Ohio Railway Company v. Westinghouse, Church, Kerr and Company, Inc.260 (1926) Brandeis none none Va. affirmed Texas and Pacific Railway Company v. Gulf, Colorado and Santa Fe Railway Company266 (1926) Brandeis none none 5th Cir. reversed Marion and Rye Valley Railway Company v. United States280 (1926) Brandeis none none Ct. Cl. affirmed Chicago, Indianapolis and Louisville Railway Company v. United States287 (1926) Brandeis none none D. Ind. affirmed Michigan v. Wisconsin295 (1926) Sutherland none none original boundary set United States v. Reading Company320 (1926) Butler none none Ct. Cl. multiple United States v. Cohn339 (1926) Sanford none none N.D. Ill. affirmed Chamberlain Machine Works v. United States347 (1926) Sanford none none Ct. Cl. affirmed Fleischmann Construction Company v. United States ex rel. Forsberg349 (1926) Sanford none none 4th Cir. affirmed Seaboard Rice Milling Company v. Chicago, Rock Island and Pacific Railroad Company363 (1926) Sanford none none E.D. Mo. affirmed General American Tank Car Corporation v. Day367 (1926) Stone none none E.D. La. affirmed Towar Cotton Mills, Inc. v. United States375 (1926) Stone none none Ct. Cl. affirmed Risty v. Chicago, Rock Island and Pacific Railroad Company378 (1926) Stone none none 8th Cir. multiple Alexander Milburn Company v. Davis Bournonville Company390 (1926) Holmes none none 2d Cir. reversed Weaver v. Palmer Brothers Company402 (1926) Butler none Holmes W.D. Pa. affirmed Chesapeake and Ohio Railway Company v. Thompson Manufacturing Company416 (1926) Stone none none W. Va. reversed Ashe v. United States ex rel. Valotta424 (1926) Holmes none none W.D. Pa. reversed Fidelity and Deposit Company of Maryland v. Tafoya426 (1926) Holmes none McReynolds D.N.M. reversed Barnette v. Wells Fargo Nevada National Bank438 (1926) Stone none Brandeis 9th Cir. affirmed Edwards v. Chile Copper Company452 (1926) Holmes none none 2d Cir. reversed Smith v. McCullough456 (1926) VanDevanter none none 8th Cir. reversed Missouri Pacific Railroad Company v. Boone466 (1926) Brandeis none none Mo. Ct. App. affirmed Cherokee Nation v. United States476 (1926) Taft none none Ct. Cl. affirmed Luckett v. Delpark, Inc.496 (1926) Taft none none D.N.J. affirmed United States v. P. Koenig Coal Company512 (1926) Taft none none E.D. Mich. reversed United States v. Michigan Portland Cement Company521 (1926) Taft none none E.D. Mich. reversed United States v. National Exchange Bank of Baltimore527 (1926) Holmes none none 4th Cir. affirmed Liberato v. Royer535 (1926) Holmes none none Pa. affirmed Great Northern Railroad Company v. Reed539 (1926) VanDevanter none none Wash. reversed Peoples Natural Gas Company v. Public Service Commission of Pennsylvania550 (1926) VanDevanter none none Pa. affirmed Childers v. Beaver555 (1926) McReynolds none none E.D. Okla. affirmed Harrigan v. Bergdoll560 (1926) Brandeis none none Pa. affirmed Mellon v. Weiss565 (1926) Brandeis none none Boston Mun. Ct. reversed Tutun v. United States568 (1926) Brandeis none none multiple certification Minneapolis and St. Louis Railway Company v. Peoria and Pekin Union Railway Company580 (1926) Brandeis none none S.D. Iowa affirmed Smith v. Illinois Bell Telephone Company587 (1926) Sutherland none none S.D. Ill. affirmed Moore v. New York Cotton Exchange593 (1926) Sutherland none none 2d Cir. affirmed - style="background: white" colspan=7 A compulsory counterclaim under state law arising out of the same transaction as a case in federal court can be heard by a federal court exercising ancillary jurisdiction.David Lawyer, Tightening the Reigns on Pendant and Ancillary Jurisdiction, 9 Univ. Puget Sound L. Rev. 207 (1985). Chicago, Rock Island and Pacific Railroad Company v. Schendel611 (1926) Sutherland none none Minn. multiple

Notes and references

External links Case reports in volume 270 from Library of Congress Case reports in volume 270 from Court Listener Case reports in volume 270 from the Caselaw Access Project of Harvard Law School Case reports in volume 270 from Google Scholar Case reports in volume 270 from Justia Case reports in volume 270 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