UNITED STATES
v.
WATERHOUSE ET AL.

U.S. | 1944-01-17
No. 209
321 U.S. 743 Supreme Court of the United States (1944) Caution
Also reported at: 88 L. Ed. 1047 · 64 S. Ct. 484 · 1944 U.S. LEXIS 1129 · SCDB 1943-140
Cited by 61 cases
Per_curiam
Per Curiam:

Certiorari, 320 U. S. 723, to the Circuit Court of Appeals for the Ninth Circuit.

Per Curiam:

Judgment affirmed by an equally divided Court. Mr. Justice Jackson states that, the proceeding having been commenced, as the record shows, “under the instructions of the Attorney General” and the valuation for which the Government now contends appearing to have been fixed at the time when he held that office, he thinks it inappropriate that he should now participate in the determination of the case, notwithstanding he has no recollection of personal participation in the Departmental action.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (27 total)

  • Adolph G. Hoffman v. Halden, 268 F.2d 280 (9th Cir. 1959)
    …Ed. (1955) p. 235, and eases cited in note 39. . Hitchman Coal & Coke Co. v. Mitchell, 1917, 245 U.S. 229, 249, 38 S.Ct. 65, 62 L.Ed. 260; United States v. Olweiss, 2 Cir., 1943, 138 F. 2d 798, 799-800, certiorari denied 321 U.S. 744, 64 S.Ct. 483, 88 L.Ed. 1047. . Kenny v. Hatfield, D.C.W.D.Mich.1955, 132 F.Supp. 814, was an action under the Civil Rights statute. Robinson, one of the defendants, prepared the petition which was the first step in the proceedings which resulted in plaintiff’s commitment to t…
  • Gurleski v. United States, 405 F.2d 253 (5th Cir. 1968)
    …ndants to the conspiracy portion of the indictment. This contention has been decided adversely to appellant notably in the opinion of Judge Learned Hand in United States v. Olweiss, 138 F. 2d 798 (2 Cir. 1944), cert. den. 321 U.S. 744, 64 S.Ct. 483, 88 L.Ed. 1047. The court there held that the admission of such statements is not limited to the hearsay exception for conspiracies, “but is merely an incident of the general principle of agency that the acts of any agent, within the scope of his authority, are co…
  • United States v. Jones, 542 F.2d 186 (4th Cir. 1976)
    …70), 435 F. 2d 642, 645; United States v. Lev (2d Cir. 1960) 276 F. 2d 605, 608, cert. denied, 363 U.S. 812, 80 S.Ct. 1248, 4 L.Ed.2d 1153 (1960); United States v. Olweiss (2d Cir. 1943), 138 F. 2d 798, 800, cert. denied, 321 U.S. 744, 64 S.Ct. 483, 88 L.Ed. 1047 (1944). In the last cited case, Judge Learned Hand said: “The notion that the competency of the declarations of a confederate is confined to prosecutions for conspiracy has not the slightest basis; their admission does not depend upon the indictmen…

Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw