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List of United States Supreme Court cases, volume 262

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
From Wikipedia, the free encyclopedia

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.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.

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

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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:

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 June 30, 1921
(Acclamation)
July 11, 1921

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

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

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

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

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

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

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

November 16, 1939
(Died)
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.

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United States 1918 bond posters with germanophobic slogans

Meyer v. Nebraska

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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

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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.

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Chicago Board of Trade v. Olsen 1 (1923) Taft none none N.D. Ill. affirmed
Prendergast v. New York Telephone Company 43 (1923) Sanford none none S.D.N.Y. affirmed
Commercial Trust Company of New Jersey v. Miller, Alien Property Custodian 51 (1923) McKenna none none 3d Cir. affirmed
United States Trust Company of New York v. Miller, Alien Property Custodian 58 (1923) McKenna none none D.N.J. affirmed
Ahrenfeldt v. Miller, Alien Property Custodian 60 (1923) McKenna none none 3d Cir. affirmed
United States v. Luskey 62 (1923) McKenna none none Ct. Cl. affirmed
United States v. Mossel 65 (1923) McKenna none none Ct. Cl. affirmed
A.G. Spalding and Brothers v. Edwards 66 (1923) Holmes none none S.D.N.Y. reversed
St. Louis Southwestern Railway Company v. United States 70 (1923) Brandeis none none Ct. Cl. affirmed
Lion Bonding and Surety Company v. Karatz I 77 (1923) Brandeis none none 8th Cir. reversed
Ex parte Fuller 91 (1923) Taft none none S.D.N.Y. stay denied
New York ex rel. Clyde v. Gilchrist 94 (1923) Holmes none none N.Y. Sup. Ct. affirmed
Cunard Steamship Company, Ltd. v. Mellon, Secretary of the Treasury 100 (1923) VanDevanter none Sutherland S.D.N.Y. multiple
Cullinan v. Walker, Collector of Internal Revenue 134 (1923) Brandeis none none S.D. Tex. affirmed
Yuma County Water Users' Association v. Schlecht 138 (1923) Sutherland none none 9th Cir. affirmed
Dier v. Banton 147 (1923) Taft none none S.D.N.Y. affirmed
Essgee Company of China v. United States 151 (1923) Taft none none S.D.N.Y. affirmed
Magnum Import Company, Inc. v. Coty 159 (1923) Taft none none 2d Cir. suspension denied
United States v. Sischo 165 (1923) Holmes none none 9th Cir. reversed
Bianchi v. Morales 170 (1923) Holmes none none D.P.R. affirmed
Oliver Iron Mining Company v. Lord 172 (1923) VanDevanter none none D. Minn. affirmed
City of Trenton v. New Jersey 182 (1923) Butler none none N.J. Sup. Ct. dismissed
City of Newark v. New Jersey 192 (1923) Butler none none N.J. Sup. Ct. dismissed
Begg v. City of New York 196 (1923) Sanford none none 2d Cir. dismissed
Work v. United States ex rel. McAlester-Edwards Company 200 (1923) Taft none none D.C. Cir. affirmed
American Steel Founderies v. Robertson 209 (1923) Taft none none N.D. Ill. reversed
Curtis, Collins and Holbrook Company v. United States 215 (1923) Taft none none 9th Cir. affirmed
Wagner Electric Manufacturing Company v. Lyndon 226 (1923) Taft none none E.D. Mo. dismissed
Graham v. Du Pont 234 (1923) Taft none none 3d Cir. reversed
Tulsidas v. Insular Collector of Customs 258 (1923) McKenna none none Phil. affirmed
Stevens v. Arnold 266 (1923) Holmes none none 3d Cir. reversed
Hart v. B.F. Keith Vaudeville Exchange 271 (1923) Holmes none none S.D.N.Y. reversed
Ex parte Davis 274 (1923) McReynolds none none S.D.N.Y. prohibition denied
Missouri ex rel. Southwestern Bell Telephone Company v. Public Service Commission of Missouri 276 (1923) McReynolds Brandeis none Mo. reversed
Davis v. Farmers Cooperative Equity Company 312 (1923) Brandeis none none Minn. reversed
Nashville, Chattanooga and St. Louis Railway v. Tennessee 318 (1923) Brandeis none none M.D. Tenn. reversed
South Utah Mines and Smelters v. Beaver County 325 (1923) Sutherland none none D. Utah reversed
Riddle v. Dyche 333 (1923) Sutherland none none N.D. Ga. affirmed
L. Vogelstein and Company, Inc. v. United States 337 (1923) Butler none none Ct. Cl. affirmed
United States v. New River Collieries Company 341 (1923) Butler none none 3d Cir. affirmed
International Life Insurance Company v. Sherman 346 (1923) Butler none none Mo. dismissed
Campbell v. City of Olney 352 (1923) Butler none none Young County Ct. dismissed
McCarthy v. Arndstein 355 (1923) Sanford none none S.D.N.Y. affirmed
Houston Coal Company v. United States 361 (1923) McReynolds none none S.D. Ohio reversed
First National Bank of San Jose v. California 366 (1923) McReynolds none none Cal. reversed
United States v. American Linseed Oil Company 371 (1923) McReynolds none none N.D. Ill. reversed
Meyer v. Nebraska 390 (1923) McReynolds none none Neb. reversed
Bartels v. Iowa 404 (1923) McReynolds none Holmes multiple reversed
Atlantic Coast Line Railroad Company v. Daughton 413 (1923) Brandeis none none E.D.N.C. affirmed
Collins v. Loisel 426 (1923) Brandeis none none E.D. La. affirmed
Georgia Railway and Power Company v. City of Decatur 432 (1923) Sutherland none none Ga. reversed
Georgia Railway and Power Company v. City of College Park 441 (1923) Sutherland none none Ga. reversed
Brush Electric Company v. City of Galveston 443 (1923) Sutherland none none S.D. Tex. affirmed
Massachusetts v. Mellon, Secretary of the Treasury 447 (1923) Sutherland none none D.C. Cir. multiple
Willard, Sutherland and Company v. United States 489 (1923) Butler none none Ct. Cl. affirmed
William C. Atwater and Company, Inc. v. United States 495 (1923) Butler none none Ct. Cl. affirmed
Madera Sugar Pine Company v. Industrial Accident Commission of California 499 (1923) Sanford none none Cal. affirmed
Sonneborn Brothers v. Cureton 506 (1923) Taft McReynolds none W.D. Tex. affirmed
Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) 522 (1923) Taft none none Kan. reversed
Kentucky Finance Corporation v. Paramount Auto Exchange 544 (1923) VanDevanter none Brandeis Wis. reversed
Pennsylvania v. West Virginia 553 (1923) VanDevanter none Holmes; McReynolds; Brandeis original decree for Pa.
Georgia Railway and Power Company v. Railroad Commission of Georgia 625 (1923) Brandeis none McKenna N.D. Ga. affirmed
Lion Bonding and Surety Company v. Karatz II 640 (1923) Brandeis none none 8th Cir. modification denied
American Bank and Trust Company v. Federal Reserve Bank of Atlanta 643 (1923) Brandeis none none 5th Cir. affirmed
Farmers and Merchants Bank of Monroe, North Carolina v. Federal Reserve Bank of Richmond 649 (1923) Brandeis none none N.C. reversed
Joslin Manufacturing Company v. City of Providence 668 (1923) Sutherland none none R.I. Super. Ct. affirmed
Bluefield Water Works and Improvement Company v. Public Service Commission of West Virginia 679 (1923) Butler none none W. Va. reversed
City National Bank of El Paso v. El Paso and Northeastern Railroad Company 695 (1923) Butler none none Tex. Civ. App. affirmed
Rindge Company v. Los Angeles County 700 (1923) Sanford none none Cal. Ct. App. affirmed
Milheim v. Moffat Tunnel Improvement District 710 (1923) Sanford none none Colo. affirmed

Notes and references

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  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.
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