List of United States Supreme Court cases, volume 266
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).[ 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 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
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)
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
"D." = United States District Court for the District of . . .
"E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
"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.
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 States
1 (1924)
Brandeis
none
none
D.C. Cir.
reversed
Terminal Railroad Association v. United States
17 (1924)
Butler
none
none
E.D. Mo.
reversed
Love v. Griffith
32 (1924)
Holmes
none
none
Tex. Ct. App.
affirmed
McCarthy v. Arndstein
34 (1924)
Brandeis
none
none
S.D.N.Y.
reaffirmed
Michaelson v. United States ex rel. Chicago, St. Paul, Minneapolis and Omaha Railway Company
42 (1924)
Sutherland
none
none
7th Cir.
certification
Air-Way Electric Appliance Corporation v. Day
71 (1924)
Butler
none
none
S.D. Ohio
reversed
Twin Falls Salmon River Land and Water Company v. Caldwell
85 (1924)
VanDevanter
none
none
9th Cir.
affirmed
Davis v. Henderson
92 (1924)
Brandeis
none
none
Ark.
multiple
Chicago Great Western Railway Company v. Kendall
94 (1924)
Taft
none
none
S.D. Iowa
affirmed
Nassau Smelting and Refining Works, Ltd. v. United States
101 (1924)
Taft
none
none
S.D.N.Y.
affirmed
James Shewan and Sons, Inc. v. United States
108 (1924)
Taft
none
none
S.D.N.Y.
reversed
Tod v. Waldman
113 (1924)
Taft
none
none
2d Cir.
reversed
Mellon v. Orinoco Iron Company
121 (1924)
Taft
none
none
D.C. Cir.
affirmed
Avent v. United States
127 (1924)
Holmes
none
none
S.D. Ohio
transfer to 6th Cir.
Mackenzie v. A. Engelhard and Sons Company
131 (1924)
Holmes
none
none
6th Cir.
reversed
B. Fernandez and Brothers v. Ayllon y Ojeda
144 (1924)
Holmes
none
none
1st Cir.
reversed
Davis v. Kennedy
147 (1924)
Holmes
none
none
Tenn.
reversed
A.W. Duckett and Company v. United States
149 (1924)
Holmes
none
none
Ct. Cl.
reversed
Commonwealth Trust Company of Pittsburgh v. Smith
152 (1924)
VanDevanter
none
none
9th Cir.
affirmed
Work v. United States ex rel. Lynn
161 (1924)
VanDevanter
none
none
D.C. Cir.
reversed
Gonsalves v. Morse Dry Dock and Repair Company
171 (1924)
McReynolds
none
none
E.D.N.Y.
reversed
Biddle v. Luvisch
173 (1924)
McReynolds
none
none
8th Cir.
dismissed
House v. Road Improvement District No. 2 of Conway County, Arkansas
175 (1924)
McReynolds
none
none
Ark.
dismissed
Southern Railway Company v. City of Durham
178 (1924)
McReynolds
none
none
N.C.
affirmed
Crouch v. United States
180 (1924)
McReynolds
none
none
E.D. Va.
remanded
Davis v. Currie
182 (1924)
McReynolds
none
none
S.C.
dismissed
Missouri Pacific Railroad Company v. Hanna
184 (1924)
McReynolds
none
none
Ark.
dismissed
Erie Railroad Company v. Kirkendall
185 (1924)
McReynolds
none
none
Ohio Dist. Ct. App.
dismissed
Missouri Pacific Railroad Company v. Western Crawford Road Improvement District
187 (1924)
Brandeis
none
none
Ark.
affirmed
United States v. Pennsylvania Railroad Company
191 (1924)
Brandeis
none
none
M.D. Pa.
reversed
Missouri ex rel. St. Louis, Brownsville and Mexico Railway Company v. Taylor
200 (1924)
Brandeis
none
none
Mo.
affirmed
Panama Canal Railway Company v. Rock
209 (1924)
Sutherland
none
Holmes
5th Cir.
reversed
Savage Arms Corporation v. United States
217 (1924)
Sutherland
none
none
Ct. Cl.
affirmed
Silberschein v. United States
221 (1924)
Sutherland
none
none
E.D. Mich.
affirmed
Sunderland v. United States
226 (1924)
Sutherland
none
none
8th Cir.
affirmed
United States v. Moser
236 (1924)
Sutherland
none
none
Ct. Cl.
affirmed
Miller v. Robertson
243 (1924)
Butler
none
none
2d Cir.
affirmed
Ferries Company v. United States
260 (1924)
Butler
none
none
Ct. Cl.
affirmed
Gorham Manufacturing Company v. State Tax Commission of New York
265 (1924)
Sanford
none
none
S.D.N.Y.
affirmed
Bass, Ratcliff and Gretton, Ltd. v. State Tax Commission of New York
271 (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. Smith
291 (1924)
Sanford
none
none
N.Y. Sup. Ct.
affirmed
Sovereign Camp of Woodmen of the World v. O'Neill
292 (1924)
Sanford
none
none
N.D. Tex.
reversed
Oklahoma v. Texas
298 (1924)
VanDevanter
none
none
original
tax decree
United States v. Childs
304 (1924)
McKenna
none
none
2d Cir.
reversed
White v. Stump
310 (1924)
VanDevanter
none
none
9th Cir.
reversed
Davis v. O'Hara
314 (1924)
Butler
none
none
Neb.
reversed
Gerdes v. Lustgarten
321 (1924)
Sanford
none
none
2d Cir.
reversed
United States v. The Barque Thekla
328 (1924)
Holmes
none
none
2d Cir.
certification
Westinghouse Electric and Manufacturing Company v. Formica Insulating Company
342 (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 States
368 (1924)
Butler
none
none
S.D. Ohio
affirmed
National Paper and Type Company v. Bowers
373 (1924)
McKenna
none
none
S.D.N.Y.
affirmed
United States v. Weissman
377 (1924)
Holmes
none
none
D. Conn.
dismissed
Kansas City Southern Railway Company v. Road Improvement District No. 3 of Sevier County, Arkansas
379 (1924)
VanDevanter
none
none
Ark.
affirmed
Aetna Life Insurance Company v. Dunken
389 (1924)
Sutherland
none
none
Tex. Civ. App.
reversed
Davis v. Manry
401 (1925)
McKenna
none
none
Ga. Ct. App.
reversed
Sanitary District of Chicago v. United States
405 (1925)
Holmes
none
none
N.D. Ill.
injunction granted
The Panoil
433 (1925)
McReynolds
none
none
E.D. La.
affirmed
Fullerton-Krueger Lumber Company v. Northern Pacific Railroad Company
435 (1925)
McReynolds
none
none
Minn.
affirmed
Delaware and Hudson Company v. United States
438 (1925)
McReynolds
none
none
S.D.N.Y.
affirmed
Robins Dry Dock and Repair Company v. Dahl
449 (1925)
McReynolds
none
none
N.Y. Sup. Ct.
reversed
Behn, Meyer and Company, Ltd. v. Miller
457 (1925)
McReynolds
none
none
D.C. Cir.
reversed
Compagnie Internationale de Produits Alimentaires, S.A. v. Miller
473 (1925)
McReynolds
none
none
D.C. Cir.
reversed
United States v. Village of Hubbard
474 (1925)
Brandeis
none
McReynolds
N.D. Ohio
reversed
Morrison v. Work
481 (1925)
Brandeis
none
none
D.C. Cir.
affirmed
United States Bedding Company v. United States
491 (1925)
Brandeis
none
none
Ct. Cl.
affirmed
Law v. United States
494 (1925)
Brandeis
none
none
9th Cir.
reversed
Hygrade Provision Company, Inc. v. Sherman
497 (1925)
Sutherland
none
none
S.D.N.Y.
affirmed
Farmers and Mechanics National Bank of Fort Worth, Texas v. Wilkinson
503 (1925)
Sutherland
none
none
N.D. Tex.
dismissed
Webster v. Fall
507 (1925)
Sutherland
none
none
W.D. Okla.
reversed
Norton v. Larney
511 (1925)
Sutherland
none
none
8th Cir.
affirmed
Erie Coal and Coke Corporation v. United States
518 (1925)
Butler
none
none
Ct. Cl.
affirmed
Baltimore and Ohio Railroad Company v. Groeger
521 (1925)
Butler
none
none
6th Cir.
reversed
United States v. Morrow
531 (1925)
Sanford
none
none
Ct. Cl.
reversed
Kunhardt and Company, Inc. v. United States
537 (1925)
Sanford
none
none
Ct. Cl.
affirmed
L. Richardson and Company, Inc. v. United States
541 (1925)
Sanford
none
none
Ct. Cl.
affirmed
Ebert v. Poston
548 (1925)
Brandeis
none
none
Mich.
reversed
Ozark Pipe Line Corporation v. Monier
555 (1925)
Sutherland
none
Brandeis
W.D. Mo.
reversed
Michigan Public Utilities Commission v. Duke
570 (1925)
Butler
none
none
E.D. Mich.
affirmed
Notes and references
External links
List of cases by Court Seal of the United States Supreme Court Complete list By recent term By subject matter Other lists