| Location: | Washington, D.C. |
| Type: | Presidential nomination with Senate confirmation |
| Authority: | Constitution of the United States, Art. III, §1 |
| Terms: | life tenure, subject to impeachment and removal |
| Positions: | 9 (by statute) |
This is a list of cases reported in volume 263 of United States Reports, decided by the Supreme Court of the United States in 1923 and 1924.
See also: List of justices of the Supreme Court of the United States.
See also: List of United States Supreme Court justices by time in office.
See also: List of justices of the Supreme Court of the United States by court composition.
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 263 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 | (Acclamation) | – February 3, 1930 (Retired) | |
| Joseph McKenna | Associate Justice | California | Stephen Johnson Field | (Acclamation) | – January 5, 1925 (Retired) | |
| Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | (Acclamation) | – January 12, 1932 (Retired) | |
| Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | (Acclamation) | – June 2, 1937 (Retired) | |
| James Clark McReynolds | Associate Justice | Tennessee | Horace Harmon Lurton | (44–6) | – January 31, 1941 (Retired) | |
| Louis Brandeis | Associate Justice | Massachusetts | Joseph Rucker Lamar | (47–22) | – February 13, 1939 (Retired) | |
| George Sutherland | Associate Justice | Utah | John Hessin Clarke | (Acclamation) | – January 17, 1938 (Retired) | |
| Pierce Butler | Associate Justice | Minnesota | William R. Day | (61–8) | – November 16, 1939 (Died) | |
| Edward Terry Sanford | Associate Justice | Tennessee | Mahlon Pitney | (Acclamation) | – March 8, 1930 (Died) | |
See also: United States district court.
See also: United States court of appeals.
See also: United States federal courts. 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.
| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| Frese v. Chicago, Burlington and Quincy Railroad Company | 1 (1923) | Holmes | none | none | Mo. | affirmed |
| Brede v. Powers | 4 (1923) | McKenna | none | none | E.D.N.Y. | affirmed |
| Wyman v. United States | 14 (1923) | McKenna | none | none | E.D.N.Y. | affirmed |
| United States v. Walter | 15 (1923) | Holmes | none | none | S.D. Fla. | reversed |
| American Railway Express Company v. Levee | 19 (1923) | Holmes | none | none | La. | reversed |
| Davis v. Wechsler | 22 (1923) | Holmes | none | none | Mo. Ct. App. | reversed |
| Director General of Railroads v. Kastenbaum | 25 (1923) | Taft | none | none | N.Y. Sup. Ct. | affirmed |
| Denby v. Berry | 29 (1923) | Taft | none | none | D.C. Cir. | reversed |
| McConaughey v. Morrow | 39 (1923) | Taft | none | none | 5th Cir. | affirmed |
| Woodbridge v. United States | 50 (1923) | Taft | none | none | Ct. Cl. | affirmed |
| Myers v. International Trust Company | 64 (1923) | Taft | none | none | Mass. Super. Ct. | reversed |
| Brown v. United States | 78 (1923) | Taft | none | none | D. Idaho | affirmed |
| Schwab v. Richardson | 88 (1923) | McKenna | none | none | Cal. | affirmed |
| United States v. Slaymaker | 94 (1923) | McKenna | none | none | Ct. Cl. | affirmed |
| New Orleans Land Company v. Brott | 97 (1923) | Holmes | none | none | La. | dismissed |
| Heyer v. Duplicator Manufacturing Company | 100 (1923) | Holmes | none | none | 7th Cir. | reversed |
| Des Moines National Bank v. Fairweather | 103 (1923) | VanDevanter | none | none | Iowa | affirmed |
| St. Johns N.F. Shipping Corporation v. Companhia Geral Commercial do Rio de Janeiro | 119 (1923) | McReynolds | none | none | 2d Cir. | affirmed |
| Superior Water, Light and Power Company v. City of Superior | 125 (1923) | McReynolds | none | none | Wis. | reversed |
| Baker v. Druesedow | 137 (1923) | Brandeis | none | none | Tex. | affirmed |
| Edward Hines Trustees v. United States | 143 (1923) | Brandeis | none | none | N.D. Ill. | affirmed |
| United States ex rel. Bilokumsky v. Tod | 149 (1923) | Brandeis | none | none] | S.D.N.Y. | affirmed |
| Davis v. Slocomb | 158 (1923) | Brandeis | none | none | 9th Cir. | dismissed |
| Butters v. City of Oakland | 162 (1923) | Sutherland | none | none | Cal. Ct. App. | affirmed |
| Mutual Life Insurance Company v. Hurni Packing Company | 167 (1923) | Sutherland | none | none | 8th Cir. | affirmed |
| United States v. Merriam | 179 (1923) | Sutherland | none | none | 2d Cir. | affirmed |
| Klebe v. United States | 188 (1923) | Sutherland | none | none | Ct. Cl. | affirmed |
| Anderson v. Corall | 193 (1923) | Butler | none | none | 8th Cir. | reversed |
| Terrace v. Thompson | 197 (1923) | Butler | none | none | W.D. Wash. | affirmed |
| Porterfield v. Webb | 225 (1923) | Butler | none | none | S.D. Cal. | affirmed |
| McGregor v. Hogan | 234 (1923) | Sanford | none | none | Ga. | affirmed |
| Davis v. Wolfe | 239 (1923) | Sanford | none | none | Mo. | affirmed |
| Canute Steamship Company, Ltd. v. Pittsburgh and West Virginia Coal Company | 244 (1923) | Sanford | none | none | 2d Cir. | affirmed |
| Craig v. Hecht | 255 (1923) | McReynolds | Taft | Holmes | 2d Cir. | affirmed |
| Security Saving Bank v. California | 282 (1923) | Brandeis | none | none | Cal. | affirmed |
| Binderup v. Pathe Exchange, Inc. | 291 (1923) | Sutherland | none | none | 8th Cir. | reversed |
| Webb v. O’Brien | 313 (1923) | Butler | none | none | N.D. Cal. | reversed |
| Frick v. Webb | 326 (1923) | Butler | none | none | N.D. Cal. | affirmed |
| Street v. Shipowners' Association of the Pacific Coast | 334 (1923) | McKenna | none | none | N.D. Cal. | transfer to 9th Cir. |
| Clallam County v. United States | 341 (1923) | Holmes | none | none | 9th Cir. | certification |
| Brosnan v. Brosnan | 345 (1923) | Sanford | none | none | D.C. Cir. | certification |
| Pennsylvania v. West Virginia | 350 (1923) | VanDevanter | none | none | original | reaffirmed |
| Hightower v. American National Bank of Macon | 351 (1923) | VanDevanter | none | none | 5th Cir. | affirmed |
| King County v. Seattle School District No. 1 | 361 (1923) | Butler | none | none | 9th Cir. | reversed |
| North Dakota v. Minnesota | 365 (1923) | Taft | none | none | original | dismissed |
| Ex parte United States | 389 (1923) | McKenna | none | none | E.D. Mo. | prohibition denied |
| Lehmann v. State Board of Public Accountancy of Alabama | 394 (1923) | McKenna | none | none | Ala. | affirmed |
| Diaz v. Patterson | 399 (1923) | Holmes | none | none | 5th Cir. | affirmed |
| National Association of Window Glass Manufacturers v. United States | 403 (1923) | Holmes | none | none | N.D. Ohio | reversed |
| Rooker v. Fidelity Trust Company | 413 (1923) | VanDevanter | none | none | D. Ind. | affirmed |
| Cudahy Packing Company v. Parramore | 418 (1923) | Sutherland | none | none | Utah | affirmed |
| Arnold v. United States ex rel. W.B. Guimarin and Company | 427 (1923) | Sanford | none | none | 4th Cir. | dismissed |
| Brady v. Work | 435 (1924) | Taft | none | none | D.C. Cir. | affirmed |
| McMillan Contracting Company v. Abernathy | 438 (1924) | Taft | none | none | multiple | remanded |
| Tidal Oil Company v. Flanagan | 444 (1924) | Taft | none | none | Okla. | dismissed |
| Dayton-Goose Creek Railway Company v. Interstate Commerce Commission | 456 (1924) | Taft | none | none | E.D. Tex. | affirmed |
| Queen Insurance Company v. Globe and Rutgers Fire Insurance Company | 487 (1924) | Holmes | none | none | 2d Cir. | affirmed |
| New York v. Jersawit | 493 (1924) | Holmes | none | none | 2d Cir. | reversed |
| Ide v. United States | 497 (1924) | VanDevanter | none | none | 8th Cir. | affirmed |
| Southern Power Company v. North Carolina Public Service Company | 508 (1924) | McReynolds | none | none | 4th Cir. | dismissed |
| Haavik v. Alaska Packers' Association | 510 (1924) | McReynolds | none | none | N.D. Cal. | affirmed |
| United States v. Illinois Central Railroad Company | 515 (1924) | Brandeis | none | none | multiple | multiple |
| Peoria and Pekin Union Railway Company v. United States | 528 (1924) | Brandeis | none | none | S.D. Ill. | reversed |
| Corona Coal Company v. United States | 537 (1924) | Sutherland | none | none | Ct. Cl. | dismissed |
| Baltimore and Ohio Railroad Company v. Burtch | 540 (1924) | Sutherland | none | none | Ind. | reversed |
| Lacoste v. Department of Conservation of Louisiana | 545 (1924) | Butler | none | none | La. | affirmed |
| Giles v. Vette | 553 (1924) | Butler | none | none | 7th Cir. | affirmed |
| Federal Trade Commission v. Raymond Brothers-Clark Company | 565 (1924) | Sanford | none | none | 8th Cir. | affirmed |
| Wilson v. Illinois Southern Railway Company | 574 (1924) | Holmes | none | none | E.D. Ill. | affirmed |
| Trinidad v. Sagrada Orden de Predicadores de la Provincia del Santisimo Rosario de Filipinas | 578 (1924) | VanDevanter | none | none | Phil. | affirmed |
| North Dakota v. Minnesota | 583 (1924) | Taft | none | none | original | costs taxed |
| Delaney v. United States | 586 (1924) | McKenna | none | none | 7th Cir. | affirmed |
| Banco Mexicano v. Deutsche Bank | 591 (1924) | McKenna | none | none | D.C. Cir. | affirmed |
| United States v. New York Central Railroad Company | 603 (1924) | Holmes | none | none | D. Mass. | affirmed |
| United States v. Coffee and Sugar Exchange, Inc. | 611 (1924) | Taft | none | none | S.D.N.Y. | affirmed |
| Electric Boat Company v. United States | 621 (1924) | Holmes | none | none | Ct. Cl. | affirmed |
| Washington-Southern Navigation Company v. Baltimore and Philadelphia Steamboat Company | 629 (1924) | Brandeis | none | none | 3d Cir. | certification |
| First National Bank in St. Louis v. Missouri | 640 (1924) | Sutherland | none | VanDevanter | Mo. | affirmed |