AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Howard V. Obie 190 Ga. 394, Supreme Court of Georgia, Docket Number 13284 (5/17/1940) Error from Superior Court, Fulton County; A. L. Etheridge, Judge. Proceeding in the matter of an application by W. D. Howard and others to probate the will of Pamela Louise Simmons, wherein M. L. S. Obie filed caveat. To review a judgment in favor of caveatrix, propounders bring error. Reversed. 1940 Cases    
  In re Love's Estate 12 Beeler 696, Supreme Court of Tennessee (12/21/1940) Certiorari to Circuit Court, Maury County; W. B. Turner, Judge. Proceeding in the matter of the estate of W. D. E. Love, deceased, wherein certain distributees of the estate sought to hold the administrator J. R. N. Love liable on a note which the administrator executed to the deceased. The circuit court and the Court of Appeals concurred in... 1940 Cases    
  Indians Not Taxed-interpretation of Constitutional Provision 57 Interior Dec. 195, D.O.I (11/7/1940)   1940 Administrative Decisions & Guidance    
  Jackson V. U. S. Fidelity & Guaranty Co. 199 So. 419, Court of Appeal of Louisiana, Second Circuit, Docket Number 6159 (11/1/1940) Appeal from First Judicial District Court, Parish of Caddo; John R. Pleasant, Judge. Action by Katherine English Jackson against the United States Fidelity and Guaranty Company and another for personal injuries. From a judgment of dismissal, plaintiff appeals. Affirmed. 1940 Cases    
  Kern V. City Com'rs of City of Newton 151 Kan. 565, Supreme Court of Kansas, Docket Number 33151 (4/6/1940) Original mandamus proceeding by D. E. Kern against the City Commissioners of the City of Newton, comprising McCulley Ashlock, mayor, and others, to compel defendants to admit plaintiff to privileges of a swimming pool. On plaintiff's motion for judgment notwithstanding the answers. Motion denied. 1940 Cases    
  Klingaman V. Burch 216 Ind. 695, Supreme Court of Indiana, Docket Number 27342 (3/25/1940) Action by Wilda Burch against Greta Klingaman and others to quiet title to certain realty. From a judgment in favor of the plaintiff, the defendants appeal. Judgment affirmed. Transferred from the Appellate Court under Burns' Ann.St.1933, § 4207. 1940 Cases    
  Labor Law - National Labor Relations Act - Reinstatement Order Disallowed Where Work Was Distributed among Other Men Employed Prior to Unfair Labor Practice 53 Harvard Law Review 1053 (April, 1940) The Steel Workers Organizing Committee filed charges against the defendant company with the NLRB. The Board found, inter alia, that the company's refusal to re-employ one Eurick after his participation in an unsuccessful strike was an unfair labor practice within the meaning of § 8(3), 49 Stat. 452 (1935), 29 U. S. C. § 158(3) (Supp. 1938), and... 1940 Law Review Articles and Other Secondary Sources    
  Loehler V. U.s. 90 Ct.Cl. 158, United States Court of Claims, Docket Number 42555 (1/8/1940) Held: The contract in question was unauthorized, illegal, and unenforceable. 1940 Cases    
  Malone V. Pope 189 Miss. 46, Supreme Court of Mississippi, Division B, Docket Number 34138 (5/27/1940) Appeal from Chancery Court, Marshall County; L. A. Smith, Sr., Chancellor. Proceeding in the matter of the estate of Lizzie Polk, deceased, wherein Mattie Malone was appointed administratrix and claimed in her petition for letters of administration that she was the nearest of kin and sole surviving heir at law of the deceased, and wherein Eck Pope... 1940 Cases    
  Mathews V. Stroud 239 Ala. 687, Supreme Court of Alabama, Docket Number 4 DIV. 131 (5/9/1940) Appeal from Circuit Court, Bullock County; J. S. Williams, Judge. Bill in equity by Nora Dean Stroud and others against Estella Mathews, to declare respondent ineligible to take as beneficiary under a certificate of life insurance. From a decree overruling a demurrer to the bill, respondent appeals. Reversed, rendered and remanded. 1940 Cases    
  Milam V. State 240 Ala. 314, Supreme Court of Alabama, Docket Number 7 DIV. 637 (10/10/1940) Certiorari to the Court of Appeals. Petition of the State of Alabama, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Milam v. State, 198 So. 860, reversing a conviction for grand larceny and buying, receiving or concealing stolen property. Writ denied.... 1940 Cases    
Morris R. Cohen Moral Aspects of the Criminal Law 49 Yale Law Journal 987 (April, 1940) In passing moral judgments, as we all sooner or later inevitably do, in regard to legal and other human arrangements, we generally oscillate between the appeal to self-evident principles and the appeal to the obvious demands of the specific situation before us. This seems a highly unsatisfactory procedure to those who feel that certainty must be... 1940 Law Review Articles and Other Secondary Sources    
  Murchinson V. State 30 Ala.App. 15, Court of Appeals of Alabama, Docket Number 5 DIV. 111 (12/17/1940) Appeal from Circuit Court, Coosa County; W. W. Wallace, Judge. Lorenza Murchinson was convicted of grand larceny, and he appeals. Reversed and remanded. 1940 Cases    
  Murphy V. State 139 Tex.Crim. 552, Court of Criminal Appeals of Texas, Docket Number 20861 (5/15/1940) Commissioners' Decision. Appeal from District Court, Kaufman County; G. O. Crisp, Judge. Floence L. Murphy, alias Florence L. Murphy, alias Henry Johnson, was convicted of rape, and he appeals. Affirmed. 1940 Cases   This is no longer good law for at least one of the points of law it contains.
  Musick V. School District No. 41 of Kingfisher County 186 Okla. 371, Supreme Court of Oklahoma, Docket Number 28906 (1/23/1940) Appeal from District Court, Kingfisher County; J. W. Bird, Judge. Action by School District No. 41 of Kingfisher County, Okl., and others against Velma Musick, as county superintendent in and for Kingfisher County, state of Oklahoma, to enjoin excess application of certain alleged statutory powers in connection with separate schools and the... 1940 Cases   This is no longer good law for at least one of the points of law it contains.
  National Federation of Railway Workers V. National Mediation Board 71 App.D.C. 266, United States Court of Appeals for the District of Columbia, Docket Number 7422 (1/8/1940) Appeal from the District Court of the United States for the District of Columbia. Action by the National Federation of Railway Workers against the National Mediation Board and others for a declaration that the certification of the Brotherhood of Railway Carmen of America as the proper representative for the craft of coach cleaners employed by the... 1940 Cases    
  Ocean Beach Imp. Co. V. Jenkins 142 Fla. 273, Supreme Court of Florida, Division A (3/19/1940) Suit by the Ocean Beach Improvement Company and another against S. J. Jenkins and others to set aside and cancel certain tax certificates and a master's deed to certain property. From a decree of dismissal, complainants appeal. Affirmed. 1940 Cases    
  Parker V. State 138 Tex.Crim. 329, Court of Criminal Appeals of Texas, Docket Number 20793 (1/31/1940) Commissioners' Decision. Appeal from District Court, Medina County; K. K. Woodley, Judge. John Parker was convicted of murder, and he appeals. Affirmed. 1940 Cases    
  People V. Kynette 15 Cal.2d 731, Supreme Court of California, Docket Number CR. 4289 (7/30/1940) In Bank. Earle E. Kynette was convicted of attempted murder, assault with intent to murder, and malicious use of explosives, and Roy J. Allen was convicted of malicious use of explosives, and they appeal. Modified and affirmed. Prior opinion, 97 P.2d 287. 1940 Cases   This is no longer good law for at least one of the points of law it contains.
  Phillips V. Commonwealth 283 Ky. 141, Court of Appeals of Kentucky (5/21/1940) Appeal from Circuit Court, Criminal Division, Jefferson County; Loraine Mix, Judge. Henry Phillips was convicted of murder, and he appeals. Affirmed. 1940 Cases    
  Reply Brief of Petitioners, Hansberry V. Lee Supreme Court of the United States, Docket Number No. 29 (10/22/1940) The statement as to jurisdiction in respondents' brief is inaccurate in several respects. The Petitioners argue not only that the decision of the Supreme Court of Illinois denies them due... 1940 Briefs    
  Republic Creosoting Co. 19 NLRB No. 30, N.L.R.B, Docket Number Case No. C-448 (1/9/1940)   1940 Administrative Decisions & Guidance    
  Respondent's Brief., Schriber-schroth Co. V. Cleveland Trust Co. Supreme Court of the United States, Docket Number Nos. 9, 10, 11 (10/1/1940) We think we should make, based on the affidavit of William C. McCoy, printed in Appendix A hereof, as we do, and without fear of contradiction, the following representations which find no... 1940 Briefs    
  Richardson V. Commonwealth 284 Ky. 319, Court of Appeals of Kentucky (10/4/1940) Appeal from Circuit Court, McCracken County; Joe L. Price, Judge. Columbus Richardson was convicted of murder, and he appeals. Affirmed. 1940 Cases    
  Rush Hospital Benev. Ass'n V. Board of Sup'rs of Lauderdale County 187 Miss. 204, Supreme Court of Mississippi, Division B, Docket Number 33918 (1/8/1940) Appeal from Circuit Court, Lauderdale County; Arthur G. Busby, Judge. Proceeding by the Rush Hospital Benevolent Association against the Board of Supervisors of Lauderdale County for exemption from taxation. From an adverse judgment, the association appeals. Reversed and rendered. 1940 Cases    
  Seals V. State 139 Tex.Crim. 162, Court of Criminal Appeals of Texas, Docket Number 20775 (3/20/1940) Appeal from District Court, Burleson County; John H. Tate, Judge. John Wesley Seals was convicted of murder, and he appeals. Reversed and remanded for a new trial. 1940 Cases    
  Seminole Nation V. U.s. 90 Ct.Cl. 151, United States Court of Claims, Docket Number L-89 (1/8/1940) The Reporter's statement of the case: 1940 Cases    
  Smith V. State 140 Tex.Crim. 565, Court of Criminal Appeals of Texas, Docket Number 20768 (1/24/1940) Commissioners' Decision. Appeal from Criminal District Court No. 2, Harris County; Kenneth McCalla, Acting Judge. Edgar Smith was convicted of rape, and he appeals. Affirmed. 1940 Cases   This is no longer good law for at least one of the points of law it contains.
  Smith V. State of Texas 311 U.S. 128, Supreme Court of the United States, Docket Number 33 (11/25/1940) On Writ of Certiorari to the Court of Criminal Appeals of the State of Texas. Edgar Smith was convicted of rape, the conviction was affirmed by the Court of Criminal Appeals of the State of Texas, 136 S.W.2d 842, and Edgar Smith brings certiorari. Reversed. 1940 Cases   This has some negative history but hasn’t been reversed or overruled.
  State ex Rel. Lewis V. Board of Education of Wilmington School Dist. 137 Ohio St. 145, Supreme Court of Ohio, Docket Number 28051 (6/26/1940) Appeal from Court of Appeals, Clinton County. Mandamus proceeding by the State, on the relation of Theodore Lewis and another, parents and next friends of Charles Edward Lewis and another, against the Board of Education of Wilmington School District and others to compel the respondents to admit and enroll the relators' children in a certain school.... 1940 Cases    
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