AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Porter V. Johnson 232 Mo.App. 1150, Kansas City Court of Appeals, Missouri, Docket Number 19076 (3/7/1938) Appeal from Circuit Court, Jackson County; Ben Terte, Judge. Action by Jesse L. Porter and others against Carl R. Johnson and another to enjoin possession of realty in violation of restrictions. From a judgment for defendants, plaintiffs appeal. Reversed and remanded, with directions. 1938 Cases    
  Richardson V. State 28 Ala.App. 432, Court of Appeals of Alabama, Docket Number 6 DIV 248 (6/30/1938) Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Charlie Richardson was convicted of assault with intent to rob, and he appeals. Reversed and remanded. Certiorari granted by Supreme Court in Richardson v. State (6 Div. 399) 186 So. 580. 1938 Cases   This is no longer good law for at least one of the points of law it contains.
  Rights of Pueblos and Members of Pueblo Tribes under the Taylor Grazing Act 56 Interior Dec. 308, D.O.I (5/14/1938)   1938 Administrative Decisions & Guidance    
  Ryan V. State 136 Tex.Crim. 140, Court of Criminal Appeals of Texas, Docket Number 19959 (11/30/1938) Commissioners' Decision. Appeal from District Court, San Jacinto County; W. B. Browder, Judge. Walter Ryan was convicted of theft and he appeals. Affirmed. 1938 Cases    
  Shaw V. Hamm 133 Fla. 722, Supreme Court of Florida (8/1/1938) Proceeding by Alfred Shaw against J. W. Hamm and wife, to foreclose a municipal tax sale certificate and special improvement lien, wherein a decree of foreclosure was entered and the defendants filed a bill of review to vacate the master's deed, confirmation of sale, decree of foreclosure and decree pro confesso theretofore entered in the... 1938 Cases    
  Skelley V. State 64 Okla.Crim. 112, Criminal Court of Appeals of Oklahoma, Docket Number A-9239 (3/25/1938) Appeal from District Court, Oklahoma County; Clarence Mills, Judge. Edna Lahoma Skelley was convicted of first degree manslaughter, and she appeals. Reversed. DOYLE, J., dissenting. 1938 Cases   This has some negative history but hasn’t been reversed or overruled.
  State Bd. Of Undertakers, Dept. Of Public Health of Pennsylvania V. Frankenfield 329 Pa. 440, Supreme Court of Pennsylvania (3/21/1938) Appeals Nos. 26-31, 33, May term, 1937, from order and decree of Court of Common Pleas, Dauphin County; Frank B. Wickersham, Judge. Proceedings by the State Board of Undertakers, Department of Public Health of Pennsylvania, against Oliver K. Frankenfield; Thomas F. Kavanagh, Jr., and Raymond A. Murphy and another; Samuel B. Reed and others; and... 1938 Cases    
  State ex Rel. Attorney General V. School Board of Quitman County 181 Miss. 818, Supreme Court of Mississippi, Division B, Docket Number 33243 (5/16/1938) Appeal from Circuit Court, Quitman County; Wm. A. Alcorn, Judge. Mandamus by the State, on the relation of the Attorney General, to compel the County School Board of Quitman County to create a special consolidated school district. From a judgment sustaining a demurrer to the petition, the State appeals. Affirmed. 1938 Cases    
  State of Missouri ex Rel. Gaines V. Canada 305 U.S. 337, Supreme Court of the United States, Docket Number 57 (12/12/1938) On Writ of Certiorari to the Supreme Court of the State of Missouri. Mandamus proceeding by the State of Missouri, at the relation of Lloyd Gaines, against S.W. Canada, Registrar of the University of Missouri, and the curators of the University of Missouri, to compel the curators of the University to admit the relator to the School of Law of the... 1938 Cases   This has some negative history but hasn’t been reversed or overruled.
  State V. Dierlamm 189 La. 544, Supreme Court of Louisiana, Docket Number 34719 (3/7/1938) Appeal from Fourth District Court, Parish of Ouachita; R. R. Reeves, Judge. George H. Dierlamm was convicted of having carnal knowledge of an unmarried female between the ages of 12 and 18 years with her consent, and he appeals. Affirmed. 1938 Cases    
  State V. King 342 Mo. 975, Supreme Court of Missouri, Division No. 2, Docket Number 35704 (5/3/1938) Appeal from St. Louis Circuit Court; Robert J. Kirkwood, Judge. Arthur King was convicted of rape, and he appeals. Affirmed. 1938 Cases   This has some negative history but hasn’t been reversed or overruled.
  State V. Pierre 189 La. 764, Supreme Court of Louisiana, Docket Number 34742 (3/7/1938) Appeal from Twenty-Fourth Judicial District Court, Parish of St. John the Baptist; L. Robert Rivarde, Judge. Hugh Pierre was convicted of murder, and he appeals. Affirmed. 1938 Cases   This is no longer good law for at least one of the points of law it contains.
  State V. Richetti 342 Mo. 1015, Supreme Court of Missouri, Division No. 2, Docket Number 35160 (5/3/1938) Appeal from Circuit Court, Jackson County; Ray G. Cowan, Judge. Adam Richetti was convicted of murder, and he appeals. Affirmed. 1938 Cases    
  State V. Sims 213 N.C. 590, Supreme Court of North Carolina, Docket Number 650 (5/25/1938) Appeal from Superior Court, Guilford County; W. F. Harding, Judge. Ben Sims was convicted of first-degree murder, and he appeals. No error. There was evidence tending to show that the defendant fatally shot the deceased after premeditation and deliberation. There was also evidence tending to show that the defendant fired the fatal shots in... 1938 Cases    
  State V. Tullos 190 La. 184, Supreme Court of Louisiana, Docket Number 34813 (5/30/1938) Appeal from First Judicial District Court, Parish of Caddo; Robert J. O'Neal, Judge. E. Tullos was convicted of grand larceny, and he appeals. Affirmed. 1938 Cases    
  State V. Walker 189 La. 241, Supreme Court of Louisiana, Docket Number 34667 (2/7/1938) Appeal from Eighth Judicial District Court, Parish of La Salle; Cas Moss, Judge. E. V. Walker and another were convicted of cattle stealing, and they appeal. Affirmed. 1938 Cases    
  Statement as to Jurisdiction., Simmons V. the Bd. Of Educ. Supreme Court of the United States, Docket Number No. 643 (10/1/1938) MAY IT PLEASE THE HONORABLE COURT: The appellant in the above entitled cause, Willie Eva Simmons, in support of the jurisdiction of this Honorable Court to review the above entitled cause... 1938 Briefs    
  Sunseri V. Cassagne 191 La. 209, Supreme Court of Louisiana, Docket Number 34572 (10/31/1938) Appeal from Civil District Court, Parish of Orleans, Division B; Nat W. Bond, Judge. Suit by Cyril P. Sunseri against Verna Cassagne, to annul a marriage. From a judgment annulling the marriage, defendant appeals. Judgment annulled and case remanded. 1938 Cases   This has some negative history but hasn’t been reversed or overruled.
Howard Jay Graham The "Conspiracy Theory" of the Fourteenth Amendment 47 Yale Law Journal 371 (January, 1938) No state shall ... deprive any person of life, liberty, or property without due process of law, nor deny to any person ... the equal protection of the laws. In an argument before the Supreme Court of the United States in 1882 Roscoe Conkling, a former member of the Joint Congressional Committee which in 1866 drafted the Fourteenth Amendment,... 1938 Law Review Articles and Other Secondary Sources    
Howard Jay Graham The "Conspiracy Theory" of the Fourteenth Amendment: 2 48 Yale Law Journal 171 (December, 1938) In 1866, Roscoe Conkling was a member of the Joint Committee which drafted the Fourteenth Amendment. In. 1882, during the course of an argument before the Supreme Court of the United States, Conkling produced for the first time the manuscript journal of the Committee, and by means of extensive quotations and pointed comment conveyed the impression... 1938 Law Review Articles and Other Secondary Sources    
Harry Shulman The Demise of Swift V. Tyson 47 Yale Law Journal 1336 (June, 1938) If I am right the fallacy has resulted in an unconstitutional assumption of powers by the Courts of the United States which no lapse of time or respectable array of opinion should make us hesitate to correct. Then Mr. Justice Holmes, with a characteristic and cryptic argument struck at the jugular of Swift v. Tyson, and showed that water, not... 1938 Law Review Articles and Other Secondary Sources    
  U.s. V. Littlejohn 96 F.2d 368, Circuit Court of Appeals, Seventh Circuit, Docket Number 6236 (4/8/1938) Appeal from the District Court of the United States for the Southern District of Illinois, Southern Division; J. Earl Major, Judge. Angus C. Littlejohn was convicted of using the United States mails to defraud, and he appeals. Affirmed. 1938 Cases    
  United Carbon Co., Inc. 7 NLRB 598, N.L.R.B, Docket Number Cases Nos. C-446 and R-586, respectively (6/1/1938)   1938 Administrative Decisions & Guidance   This has some negative history but hasn’t been reversed or overruled.
  Watts V. U.s. 24 F.Supp. 969, District Court, S.D. Mississippi, Hattiesburg Division, Docket Number 50 (10/26/1938) Suit by Hark Watts and others against the United States of America on a war risk insurance policy. A verdict for the plaintiffs was returned by the jury, and a judgment was entered thereon. On motion by the United States of America to set aside the judgment and for a judgment to be entered in accordance with its motion for a directed verdict.... 1938 Cases   This has some negative history but hasn’t been reversed or overruled.
  Wilson V. Council of City of Highland Park 284 Mich. 96, Supreme Court of Michigan, Docket Number 78 (4/4/1938) Certiorari to Circuit Court, Wayne County; Adolph F. Marschner, Judge. Proceeding by R. Stanley Wilson against the Council of the City of Highland Park, of the City of Highland Park, Wayne County, Mich., a Michigan corporation, to review proceedings removing plaintiff from office as a member of the council. To review a judgment of the Circuit Court... 1938 Cases    
  Woods V. Washington Fidelity Nat. Ins. Co. 113 S.W.2d 121, St. Louis Court of Appeals, Missouri, Docket Number 24395 (2/1/1938) Appeal from St. Louis Circuit Court; M. Hartmann, Judge. Not to be published in State Reports. Action by Mattie Owens Woods against the Washington Fidelity National Insurance Company to recover on life policies. From a judgment for plaintiff, defendant appeals. Reversed. 1938 Cases    
  Appellant's Reply to Appellees' Brief, Henderson Co. V. Thompson Supreme Court of the United States, Docket Number No. 397 (2/2/1937) Under Part 1 of their argument, beginning on page 15 of their brief, appellees say that the Texas Legislature has power to regulate the production and use of natural gas to (1) prevent... 1937 Briefs    
  Appellees' Reply Brief, Henderson Co. V. Thompson Supreme Court of the United States, Docket Number No. 397 (1/19/1937) The opinion of the District Court for the Western District of Texas denying appellant an interlocutory injunction is reported in 12 Fed. Supp. 519 (R. 77). The opinion of the same court... 1937 Briefs    
  Blum V. Ford 194 Ark. 393, Supreme Court of Arkansas, Docket Number 4-4758 (6/28/1937) Appeal from Pulaski Chancery Court; Frank H. Dodge, Chancellor. Suit for injunction by A. Louis Blum against D. L. Ford, Commissioner of Revenues, wherein the Southern Club and Ohio Club intervened as plaintiffs and adopted all the pleadings and allegations of plaintiff, and wherein a temporary restraining order was granted. From a decree... 1937 Cases    
  Brief for Appellant, Henderson Co. V. Thompson Supreme Court of the United States, Docket Number No. 397 (1/11/1937) The opinion of the District Court for the Western District of Texas, denying appellant an interlocutory injunction, is reported in 12 Fed. Supp. 519, under the style of The Henderson... 1937 Briefs    
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