| 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 276 of United States Reports, decided by the Supreme Court of the United States in 1928.
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 276 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) | |
| 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) | |
| Harlan F. Stone | Associate Justice | New York | Joseph McKenna | (71–6) | – July 2, 1941 (Continued as chief justice) | |
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.
See also: Taft Court.
| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| Delaware, Lackawanna and Western Railroad Company v. Rellstab | 1 (1928) | Holmes | none | none | reversed | |
| In re Gilbert I | 6 (1928) | Taft | none | none | continued | |
| Finance and Guaranty Company v. Oppenhimer | 10 (1928) | Holmes | none | none | reversed | |
| Wuchter v. Pizzutti | 13 (1928) | Taft | none | Brandeis; Stone | reversed | |
| Linstead v. Chesapeake and Ohio Railway Company | 28 (1928) | Taft | none | none | reversed | |
| Harkin v. Brundage | 36 (1928) | Taft | none | none | reversed | |
| Marlin v. Lewallen | 58 (1928) | VanDevanter | none | none | reversed | |
| Longest v. Langford | 69 (1928) | VanDevanter | none | none | reversed | |
| Liberty Warehouse Company v. Burley Growers' Cooperative Marketing Association | 71 (1928) | McReynolds | none | none | affirmed | |
| Denny v. Pacific Telephone and Telegraph Company | 97 (1928) | McReynolds | none | none | affirmed | |
| Brimstone Railroad and Canal Company v. United States | 104 (1928) | McReynolds | none | none | reversed | |
| Gulf Fisheries Company v. MacInerney | 124 (1928) | Brandeis | none | none | affirmed | |
| Richardson Machinery Company v. Scott | 128 (1928) | Brandeis | none | none | dismissed | |
| Brown v. United States | 134 (1928) | Sutherland | none | none | affirmed | |
| Kornhauser v. United States | 145 (1928) | Sutherland | none | none | Ct. Cl. | reversed |
| Bountiful Brick Company v. Giles | 154 (1928) | Sutherland | none | none | affirmed | |
| United States v. Magnolia Petroleum Company | 160 (1928) | Butler | none | none | Ct. Cl. | reversed |
| Toledo, St. Louis and Western Railroad Company v. Allen | 165 (1928) | Butler | none | none | reversed | |
| Mississippi ex rel. Robertson v. Miller | 174 (1928) | Butler | none | none | reversed | |
| T. Smith and Son, Inc. v. Taylor | 179 (1928) | Butler | none | none | affirmed | |
| Delaware, Lackawanna and Western Railroad Company v. Morristown | 182 (1928) | Butler | Brandeis | none | reversed | |
| United States Shipping Board Emergency Fleet Corporation v. Rosenberg Brothers and Company | 202 (1928) | Sanford | none | none | reversed | |
| Liberty National Bank of Roanoke v. Bear | 215 (1928) | Sanford | none | none | reversed | |
| Commercial Credit Company v. United States | 226 (1928) | Sanford | none | none | reversed | |
| Hellmich v. Hellman | 233 (1928) | Sanford | none | none | reversed | |
| Sioux County v. National Surety Company | 238 (1928) | Stone | none | none | reversed | |
| Interstate Busses Corporation v. Blodgett | 245 (1928) | Stone | none | none | affirmed | |
| Western Union Telegraph Company v. Priester | 252 (1928) | Stone | none | none | reversed | |
| Saltonstall v. Saltonstall | 260 (1928) | Stone | none | none | affirmed | |
| Miller v. Schoene | 272 (1928) | Stone | none | none | affirmed | |
| Levy v. Industrial Finance Corporation | 281 (1928) | Holmes | none | none | affirmed | |
| McMaster v. Gould | 284 (1928) | Sanford | none | none | dismissed | |
| Goodyear Tire and Rubber Company v. United States | 287 (1928) | Sanford | none | Holmes | Ct. Cl. | affirmed |
| In re Gilbert II | 294 (1928) | Taft | none | none | suspended from bar | |
| Mitchell v. Hampel | 299 (1928) | Holmes | none | none | reversed | |
| Kansas City Southern Railway Company v. Jones | 303 (1928) | Holmes | none | none | reversed | |
| Fairbanks, Morse and Company v. American Valve and Meter Company | 305 (1928) | VanDevanter | none | none | reversed | |
| Swift and Company v. United States | 311 (1928) | Brandeis | none | none | multiple | |
| Nigro v. United States | 332 (1928) | Taft | none | none | certification | |
| Corona Cord Tire Company v. Donovan Chemical Corporation | 358 (1928) | Taft | none | none | reversed | |
| Krauss Brothers Lumber Company v. Mellon | 386 (1928) | Taft | none | none | reversed | |
| J.W. Hampton, Jr. and Company v. United States | 394 (1928) | Taft | none | none | affirmed | |
| Casey v. United States | 413 (1928) | Holmes | none | McReynolds; Brandeis; Butler; Sanford | affirmed | |
| Chesapeake and Ohio Railway Company v. Leitch | 429 (1928) | Holmes | none | none | reversed | |
| Larkin v. Paugh | 431 (1928) | VanDevanter | none | none | affirmed | |
| Untermyer v. Anderson | 440 (1928) | McReynolds | none | Holmes; Brandeis | reversed | |
| Wilson v. Pacific Mail Steamship Company Company | 454 (1928) | McReynolds | none | none | multiple | |
| United States v. Manzi | 463 (1928) | McReynolds | none | none | reversed | |
| Alaska Packers' Association v. Industrial Accident Commission of California | 467 (1928) | McReynolds | none | none | affirmed | |
| Lamborn v. National Bank of Commerce of Norfolk | 469 (1928) | Brandeis | none | Stone | reversed | |
| Texas and New Orleans Railroad Company v. The Northside Belt Railway Company | 475 (1928) | Brandeis | none | none | affirmed | |
| Midland Valley Railroad Company v. Barkley | 482 (1928) | Brandeis | none | none | reversed | |
| Humes v. United States | 487 (1928) | Brandeis | none | none | Ct. Cl. | affirmed |
| Grosfield v. United States | 494 (1928) | Sutherland | none | none | affirmed | |
| Montana National Bank of Billings v. Yellowstone County | 499 (1928) | Sutherland | none | none | reversed | |
| Donnelley v. United States | 505 (1928) | Butler | none | none | affirmed | |
| Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company | 518 (1928) | Butler | none | Holmes | affirmed | |
| Moore v. City of Nampa | 536 (1928) | Butler | none | none | affirmed | |
| Danciger and Emerich Oil Company v. Smith | 542 (1928) | Sanford | none | none | affirmed | |
| City of New Brunswick v. United States | 547 (1928) | Sanford | none | none | reversed | |
| New Mexico v. Texas I | 557 (1928) | Sanford | none | none | rehearing denied | |
| New Mexico v. Texas II | 558 (1928) | Sanford | none | none | boundary set | |
| Work v. Braffet | 560 (1928) | Stone | none | none | reversed | |
| Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Risty | 567 (1928) | Stone | none | none | affirmed | |
| Shaw v. Gibson-Zahniser Oil Corporation | 575 (1928) | Stone | none | none | certification | |
| Heiner v. Tindle | 582 (1928) | Stone | none | none | reversed | |