Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case Status |
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In re Marshall's Estate |
120 Cal.App.2d 747, District Court of Appeal, Second District, Division 1, California, Docket Number CIV. 19492 (10/22/1953) |
Heirship proceeding. The Superior Court of Los Angeles County, John Gee Clark, J., rendered decree and objector appealed. The District Court of Appeal, White, P. J., held that under the circumstances there was a conclusive presumption of paternity. Affirmed. |
1953 |
Cases |
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This is no longer good law for at least one of the points of law it contains. |
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In re Mckee's Estate |
3 Fiduc.Rep. 274, Orphans' Court of Pennsylvania, Philadelphia County (1/1/1953) |
John McKee died on April 6, 1902, and this trust arose under his will dated December 8, 1899, which was duly admitted to probate in Philadelphia County on May 21, 1902. After making numerous bequests and devises (which have long since been satisfied and as to which there is now no controversy), he bequeathed certain annuities to his daughter and... |
1953 |
Cases |
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International Broth. Of Elec. Workers, Local 35 V. Commission on Civil Rights of State |
Not Reported in A.2d, Supreme Court of Errors of Connecticut (12/28/1953) |
This proceeding arose out of a complaint by Mansfield T. Tilley to the Commission on Civil Rights of the State of Connecticut in which he alleged a violation of the Fair Employment Practices Act by reason of his exclusion from membership because of his race, in Local 35, International Brotherhood of Electrical Workers, hereinafter referred to as... |
1953 |
Cases |
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John R. Thompson Co. V. District of Columbia |
203 F.2d 579, United States Court of Appeals, District of Columbia Circuit, Docket Number 11044, 11039 (1/22/1953) |
Defendant was charged by information in four separate counts of violating enactments of the Legislative Assembly for the District of Columbia making it a misdemeanor for any restaurant keeper to refuse to serve any respectable, well-behaved person, without regard to race or color. The Municipal Court for the District of Columbia, Criminal Division,... |
1953 |
Cases |
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This is no longer good law for at least one of the points of law it contains. |
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Joseph V. Sears Roebuck & Co. |
224 S.C. 105, Supreme Court of South Carolina, Docket Number 16777 (9/9/1953) |
Action for breach of an alleged oral warranty of the safety of a pressure cooker sole to plaintiff by defendant. From a judgment of the Common Pleas Court of Greenville County, J. Henry Johnson, J., on a jury's verdict for plaintiff, defendant appealed. The Supreme Court, Oxner, A. J., held that the warranty, based on defendant's saleslady's oral... |
1953 |
Cases |
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Landrum V. State |
96 Okla.Crim. 356, Criminal Court of Appeals of Oklahoma, Docket Number A-11688 (3/25/1953) |
Defendant was convicted in the Municipal Criminal Court, City of Tulsa, George B. Schwabe, Jr., J., of crime of lewdness, and he appealed. The Criminal Court of Appeals, Powell, P. J., held that under circumstances jail sentence would be reduced from one year to six months. Judgment modified and affirmed. |
1953 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Manning V. State |
31 Beeler 94, Supreme Court of Tennessee (3/6/1953) |
Defendant was convicted in the Criminal Court of Dickson County, W. P. Puryear, Judge, of murder in the second degree, and he brought error. The Supreme Court, Burnett, J., held that argument to jury was oejectionable as injecting racial issue into argument and thus depriving defendant of a fair trial. Judgment reversed and case remanded for a new... |
1953 |
Cases |
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Mcnair V. State |
159 Tex.Crim. 405, Court of Criminal Appeals of Texas, Docket Number 26645 (11/25/1953) |
Defendants were convicted of felony theft. The District Court of Fayette County, J. R. Fuchs, J., entered judgment, and defendants appealed. The Court of Criminal Appeals, Davidson, C., held that evidence sustained conviction. Judgment affirmed. |
1953 |
Cases |
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Most Worshipful Sons of Light Grand Lodge V. Sons of Light Lodge No. 9 |
118 Cal.App.2d 78, District Court of Appeal, First District, Division 1, California, Docket Number 15483 (5/25/1953) |
Action for conversion of property allegedly belonging to subordinate lodges of a fraternal association, and for other relief, wherein defendants filed a cross-complaint. The Superior Court, City and County of San Francisco, rendered a judgment adverse to the cross-defendants and they appealed. The District Court of Appeal, Bray, J., held that where... |
1953 |
Cases |
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This has some negative history but hasn’t been reversed
or overruled. |
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Osbrink Mfg. Co. |
104 NLRB No. 1, N.L.R.B, Docket Number Cases Nos. 21-CA-1319 and 21-RC- (4/13/1953) |
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1953 |
Administrative Decisions & Guidance |
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Peterson Construction Company, Inc. and International Association of Machinists, Afl |
106 NLRB No. 143, N.L.R.B, Docket Number Case No. 39-CA-244 (8/24/1953) |
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1953 |
Administrative Decisions & Guidance |
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Jacob D. Hyman |
Political and Civil Rights in the United States. |
66 Harvard Law Review 1346 (May, 1953) |
Let it be said at the outset that this compilation of cases, comments, and other materials fills a serious gap in the legal literature and fills it splendidly. Prior to its publication, there was no comprehensive aid to research in the area of political and civil rights. The need for one is acute at a time when the reconciliation of freedom and... |
1953 |
Law Review Articles and Other Secondary Sources |
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Paul A. Freund |
Political and Civil Rights in the United States. By Thomas I. Emerson and David Haber. Buffalo: Dennis & Co., 1952. Pp. Xx, 1209. $7.50 |
62 Yale Law Journal 506 (February, 1953) |
Professors Emerson and Haber have given us a volume of materials on political and civil rights that is remarkable in its coverage and the thoroughness of its documentation. The basic organization is neither historical nor doctrinal nor institutional, but deliberately factual, a series of human freedoms and controls as the ordinary citizen would... |
1953 |
Law Review Articles and Other Secondary Sources |
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Reeves V. State |
260 Ala. 66, Supreme Court of Alabama, Docket Number 3 DIV 663 (8/6/1953) |
Defendant was convicted of rape. The Circuit Court, Montgomery County, James J. Carter, Special Judge, entered judgment and sentence, and defendant appealed. The Supreme Court, Merrill, J., held that the evidence failed to show that admitting in evidence inculpatory admissions made to victim at police headquarters and confession made to... |
1953 |
Cases |
|
This is no longer good law for at least one of the points of law it contains. |
Jan P. Charmatz , Harold M. Wit |
Repatriation of Prisoners of War and the 1949 Geneva Convention |
62 Yale Law Journal 391 (February, 1953) |
Repatriation of prisoners of war has created an impasse in world politics and a challenge to international law. Failure to agree on a policy for the release of prisoners captured in Korea is claimed to be the only remaining reason for continued loss of life in combat and the prolonged detention of hundreds of thousands of soldiers in prison... |
1953 |
Law Review Articles and Other Secondary Sources |
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Reply Brief for Appellant, Heikkila V. Barber |
Supreme Court of the United States, Docket Number No. 426 (2/4/1953) |
Note: Table of Authorities page numbers missing in original document The government's argument in Martinez v. Neelly, No. 218, this Term, that deportation orders are reviewable only in... |
1953 |
Briefs |
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Reply Brief for Petitioners on Reargument, Spottswood Thomas Bolling, et Al., Petitioners, V. C. Melvin Sharpe, et Al., Respondents. |
Supreme Court of the United States, Docket Number No. 8 (10/1/1953) |
In Part I of this brief we repeat the reply brief filed in this case on argument for the convenience of the Court; and, in Part II of this brief we reply to the brief of Respondents on... |
1953 |
Briefs |
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Respondent's Brief on Certiorari., Barrows V. Jackson |
Supreme Court of the United States, Docket Number No. 517 (2/5/1953) |
FN1. The covenant was recorded and in California recordation of such an instrument imparts notice of its terms to subsequent purchasers. (California Civ. Code, Sec. 1213; Wayt v. Patee, 205... |
1953 |
Briefs |
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Respondent's Brief, Fouquette V. Bernard |
Supreme Court of the United States, Docket Number No. 290 (2/9/1953) |
Petitioner here seeks certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit affirming the order of the United States District Court for the District... |
1953 |
Briefs |
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Seaton V. Dye |
37 Tenn.App. 323, Court of Appeals of Tennessee, Eastern Section (1/8/1953) |
Suit to recover on a note secured by a trust deed wherein an intervening petition was filed alleging that the intervenor was the owner of a note secured by a second trust deed upon the same property. Decree in the Chancery Court for Knox County, Charles E. Dawson, Chancellor, and the intervenor appealed. The Court of Appeals for the Eastern... |
1953 |
Cases |
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Seven up Bottling Co. Of Los Angeles V. Grocery Drivers Union Local 848 |
40 Cal.2d 368, Supreme Court of California, Docket Number L.A. 21347 (3/10/1953) |
Suit to enjoin certain labor unions and others from picketing retail food markets selling plaintiff's products for the purpose of compelling plaintiff to recognize defendant unions as collective bargaining agents for plaintiff's employees and to recover damages for such picketing. From a judgment of the Superior Court, Los Angeles County, for... |
1953 |
Cases |
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Shaughnessy V. United States ex Rel. Mezei |
345 U.S. 206, Supreme Court of the United States, Docket Number 139 (3/16/1953) |
Proceedings on petition by alien detained at Ellis Island, for writ of habeas corpus. The United States District Court for the Southern District of New York, 101 F.Supp. 66, entered order sustaining writ and directing discharge on parole under specified restrictions, and both parties appealed. The Court of Appeals for the Second Circuit, 195 F.2d... |
1953 |
Cases |
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This is no longer good law for at least one of the points of law it contains. |
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Smarr V. State |
260 Ala. 30, Supreme Court of Alabama, Docket Number 2 DIV 319 (8/6/1953) |
Defendant was indicted for murder in the first degree for the killing of a five year old child. She pleaded not guilty and not guilty by reason of insanity. The Circuit Court, Greene County, Emmett F. Hildreth, J., entered sentence in accordance with verdict of guilty of murder in the first degree with death penalty, and defendant appealed. The... |
1953 |
Cases |
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State ex Rel. Bruestle V. Rich |
159 Ohio St. 13, Supreme Court of Ohio, Docket Number 33125 (2/18/1953) |
Mandamus proceedings brought by city solicitor to require respondent city officials to take certain action in connection with a slum rehabilitation program. On the relator's demurrer to the respondents' answer, the Supreme Court, Taft, J., held that the slum rehabilitation program was one for which public funds could be expended and the power of... |
1953 |
Cases |
|
This has some negative history but hasn’t been reversed
or overruled. |
|
State V. Maier |
13 N.J. 235, Supreme Court of New Jersey, Docket Number A-46 (6/25/1953) |
Prosecution of an accused for wilfully committing an assault and battery upon a named person by spitting upon the face and body of such person in violation of the Disorderly Persons Law. The Municipal Court of the City of Hoboken denied defendant's motion to dismiss the complaint and the Supreme Court granted defendant's petition for certification.... |
1953 |
Cases |
|
This has some negative history but hasn’t been reversed
or overruled. |
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Statement as to Jurisdiction, Barsky V. the Bd. Of Regents of the University of the State of New York |
Supreme Court of the United States, Docket Number No. 69 (5/1/1953) |
Note: Table of Authorities page numbers missing in original document In compliance with Rule 12 of the Rules of the Supreme Court of the United States, petitioner-appellant submits this... |
1953 |
Briefs |
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Statement as to Jurisdiction, White V. Howard |
Supreme Court of the United States, Docket Number No. 501 (12/1/1953) |
The Defendants, Appellants on the Petition for Appeal, having presented this day their petition for appeal, now file this, their statement of the basis upon which it is contended that the... |
1953 |
Briefs |
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Stein V. People of State of New York |
346 U.S. 156, Supreme Court of the United States, Docket Number 391, 392, 393 (6/15/1953) |
Prosecution of three defendants for felony murder under New York law. From judgment of conviction, defendants appealed. The Court of Appeals of New York, 303 N.Y. 856, 104 N.E.2d 917, entered judgment of affirmance and, 303 N.Y. 982, 106 N.E.2d 63, granted in part motion to amend remittitur. On writs of certiorari, the United States Supreme Court,... |
1953 |
Cases |
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This is no longer good law for at least one of the points of law it contains and overruling risk. |
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Stokes V. County Clerk of Los Angeles County |
122 Cal.App.2d 229, District Court of Appeal, Second District, Division 1, California, Docket Number CIV. 19744 (12/22/1953) |
Mandamus proceeding by which petitioners sought to compel issuance to them of a license to marry and a certificate of registry of marriage. The Superior Court, Los Angeles County, Frank G. Swain, J., denied the relief sought, and the petitioners appealed. The District Court of Appeal, Drapeau, J., held that it is reasonably necessary for public... |
1953 |
Cases |
|
|
Edward L. Barrett, Jr. |
Substance Vs. "Form" in the Application of the Commerce Clause to State Taxation |
101 University of Pennsylvania Law Review 740 (April, 1953) |
Prior to 1938 the United States Supreme Court decisions dealing with both state regulation and state taxation of interstate commerce (in the absence of Congressional action) were phrased in terms of a purely formal test: Direct burdens upon interstate commerce were forbidden. Indirect or remote restraints were permitted. Subsequent development in... |
1953 |
Law Review Articles and Other Secondary Sources |
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