273 U.S. Decisions Per Curiam, Etc. DECISIONS PER CURIAM, FROM OCTOBER 4, 1926, TO AND INCLUDING APRIL 11, 1927, OTHER THAN DECISIONS ON PETITIONS FOR WRITS OF CERTIORARI. No. 156. WADE JOHNSON v. STATE OF GEORGIA; and No. 157. JARRETT BENFORD v. STATE OF GEORGIA. Error to the Supreme Court of the State of Georgia. October 4, 1926. Dismissed for want of jurisdiction. Messrs. G. Y. Harrell, W. A. McClennan, and William Q. Cooper for plaintiffs in error. Messrs. George M. Napier and T. R. Gress for defendant in error. No. 247. NED HARVEY V. STATE OF LOUISIANA. Error to the Supreme Court of the State of Louisiana. October 4, 1926. Dismissed for the want of jurisdiction. Messrs. Paul A. Sompayrac and A. R. Mitchell for plaintiff in error. Messrs. Percy Saint, John J. Robira, P. R. Schomacher, and S. H. Jones for defendant in error. No. 1224. JOHN LAPIQUE, ASSIGNEE OF THE ESTATE OF MIGUEL LEONIS, ET AL., v. DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA ET AL. October 11, 1926. The petition for a rehearing of (1) the petition for a writ of mandamus; (2) the petition for a writ of certiorari; and (3) the petition for a writ of error are denied. Mr. John Lapique, pro se. No appearance for respondents. No. 327. CHARLES H. SPEAR ET AL., ETC., v. UNITED STATES. Error to the District Court of the United States for the Northern District of California. Motion to dismiss submitted May 24, 1926. Decided October 11, 1926. Decisions Per Curiam, Etc. 273 U.S. Per Curiam. This cause is dismissed for lack of jurisdiction in this court under § 238 of the Judicial Code as amended by the Act of February 13, 1925, c. 229, 43 Stat. 936. Solicitor General Mitchell for the United States, in support of the motion. Messrs. U. S. Webb and W. T. Plunkett for plaintiffs in error, in opposition thereto. No. 86. FRANK ROSSI ET AL. v. UNITED STATES. Error to the District Court of the United States for the Western District of Washington. Motion to transfer cause submitted October 4, 1926. Decided October 11, 1926. Per Curiam. This case, the judgments of the District Court in which were entered December 15 and 26, 1924, is transferred to the Circuit Court of Appeals for the Ninth Circuit in accordance with the Act of September 14, 1922, c. 305, 42 Stat. 837, construed as effective as to these judgments by § 14 of the Act of February 13, 1925, c. 229, 43 Stat. 942. Heitler v. United States, 260 U. S. 438, 439, 440; Pothier v. Rodman, 261 U. S. 307, 312; Hoffman v. McClelland, 264 U. S. 552, 555. Solicitor General Mitchell, with whom Assistant Attorney General Willebrandt and Mr. John J. Byrne were on the brief, for the United States, in support of the motion. Mr. Abner E. Ferguson for plaintiff in error, in opposition thereto. No. 194. DAN BARTONCINI v. UNITED STATES. Error to the District Court of the United States for the Northern District of California. Motion to dismiss or advance submitted October 4, 1926. Decided October 11, 1926. Per Curiam. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Town of Graham, 253 U. S. 193, 195. Solicitor General Mitchell for the United States, in support 273 U.S. Decisions Per Curiam, Etc. of the motion. Mr. Ernest B. D. Spagnoli for plaintiff in error, in opposition thereto. No. 522. KATE TENDLER V. MORRIS TENDLER. See post, p. 693. No. 13, original. STATE OF MICHIGAN V. STATE OF ILLINOIS AND SANITARY DISTRICT OF CHICAGO. Motion submitted October 4, 1926. Decided October 11, 1926. The motion of the State of Michigan for leave to file an amended bill of complaint making the State of New York a joint complainant therein is denied; but the State of New York is granted leave to file a separate bill of complaint on its own behalf conforming in other respects to the amended bill of complaint tendered with said motion; such separate bill to be filed next Monday. Mr. Andrew B. Dougherty, Attorney General of Michigan, for complainant. Mr. Albert Ottinger, Attorney General of New York, for the State of New York. No. 437. DANIEL J. HART v. H. B. NORTH ET AL. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. October 11, 1926. Per Curiam. The motion for leave to proceed further in forma pauperis is denied for the reason that upon examination of the unprinted record the court finds no ground for certiorari, the application for which is also denied. Mr. Leon Robbins for petitioner. No appearance for respondent. No. 248. JACOB GOLDMAN v. STATE OF ILLINOIS. Error to the Supreme Court of the State of Illinois. Motion to dismiss submitted October 4, 1926. Decided October 11, 1926. Per Curiam. Writ of error dismissed for want of Decisions Per Curiam, Etc. 273 U.S. jurisdiction on the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Town of Graham, 253 U. S. 193, 195. Application for certiorari is also denied. Mr. Montgomery S. Winning in behalf of Messrs. Oscar E. Carlstrom and Edward C. Fitch for defendant in error, in support of the motion. Messrs. David D. Stansbury and Leslie A. Gilmore for plaintiff in error, in opposition thereto. No. 103. W. A. THOMSON v. ALEXANDER W. THOMSON ET AL., ETC. Error to the Supreme Court of the State of Illinois. Motion to dismiss submitted October 4, 1926. Decided October 11, 1926. Per Curiam. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Town of Graham, 253 U. S. 193, 195. Messrs. Henry S. Robbins, Silas H. Strawn, and Walter H. Jacobs for defendants in error, in support of the motion. Messrs. William M. Bullitt and Samuel B. King for plaintiff in error, in opposition thereto. No. 524. CANAL-COMMERCIAL TRUST & SAVINGS BANK AND UNION INDEMNITY COMPANY V. EARL BREWER. Error to the Supreme Court of the State of Mississippi. Motion to dismiss or affirm submitted October 4, 1926. Decided October 11, 1926. Per Curiam. Writ of error dismissed on the authority of Consolidated Turnpike Co. v. Norfolk and Ocean View Railway Co., 228 U. S. 326, 334.. Application for certiorari also denied. Mr. John W. Cutrer for defendant in error, in support of the motion. Messrs. Marcellus Green, Garner W. Green, and Chalmers Potter for plaintiffs in error, in opposition thereto. See post, p. 643. 273 U.S. Decisions Per Curiam, Etc. No. 630. ETHEL JONES v. STATE OF MISSISSIPPI. Error to the Supreme Court of the State of Mississippi. October 11, 1926. Per Curiam. Motion for leave to proceed further in forma pauperis denied for the reason that the court finds upon examination of the unprinted record that there is no jurisdiction of the cause on the writ of error for want of a substantial Federal question. Trono v. United States, 199 U. S. 521. Mr. William H. Watkins for plaintiff in error. No appearance for defendant in error. No. 657. DAVID F. MITCHELL V. UNITED STATES. See post, p. 693. No. 652. THOMAS H. LARKIN v. STATE OF NEW YORK. Error to the Supreme Court of the State of New York. October 11, 1926. Per Curiam. Motion for leave to proceed further in forma pauperis denied for the reason that the court finds upon examination of the unprinted record that it presents no Federal question and therefore dismisses the writ of error upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power and Light Co. v. Town of Graham, 253 U. S. 193, 195. Mr. Thomas H. Larkin, pro se. No appearance for defendant in error. No. 230. STATE INDUSTRIAL BOARD OF THE STATE OF NEW YORK v. TERRY & TENCH COMPANY, INC., AND UNITED STATES FIDELITY AND GUARANTY COMPANY. Certiorari to the Supreme Court of the State of New York. Argued October 6, 1926. Decided October 11, 1926. Per Curiam. Reversed upon the authority of Millers' Indemnity Underwriters v. Braud, 270 U. S. 59. Mr. E. C. Aiken, with whom Mr. Albert Ottinger, Attorney General of New York, was on the brief, for petitioner. Mr. W. W. Dimmick for respondents. |