green
Positive treatment
Quoted verbatim 2×
6.4 score
G Cite
cited 2× by 2 distinct cases, last quoted 2001 ·
…without converting it into a criminal penalty, a statutory forfeiture of money has always been demandable of a wrongdoer by civil process though its purpose and effect be punishment.
⚠ not in text
Treatment trajectory · 1959 → 2026 · click a year to view as-of
1959
1992
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States ex rel. Rosales v. San Francisco Housing Authority
without converting it into a criminal penalty, a statutory forfeiture of money has always been demandable of a wrongdoer by civil process though its purpose and effect be punishment.
discussed
Cited as authority (quoted)
US Ex Rel. Rosales v. SAN FRAN. HOUSING AUTHOR.
without converting it into a criminal penalty, a statutory forfeiture of money has always been demandable of a wrongdoer by civil process though its purpose and effect be punishment.
cited
Cited "see"
Stein v. State Farm Mutual Automobile Insurance
See Tomlin v. McDaniel, 865 F.2d 209, 210 (9th Cir.1989) (citing Title v. United States, 263 F.2d 28, 31 (9th Cir.), cert. denied, 359 U.S. 989 , 79 S.Ct. 1118 , 3 L.Ed.2d 978 (1959)).
discussed
Cited "see"
Mary Shoup Larry R. Shoup, Sr. v. Bell & Howell Company
(2×)
See 365 U.S. at 285 , 81 S.Ct. at 544 , citing Title v. United States, 263 F.2d 28, 30 (9th Cir.1959) (affidavit a "procedural", rather than "jurisdictional", prerequisite), cert. denied, 359 U.S. 989 , 79 S.Ct. 1118 , 3 L.Ed.2d 978 (1959); United States v. Failla, 164 F.Supp. 307, 313 (D.N.J.1958) (affidavit requirement may be waived by defendant). 28 The policies underlying Rule 41(b) demonstrate that limitations dismissals do not constitute adjudications on the merits: 29 All of the dismissals enumerated in Rule 41(b) which operate as adjudications on the merits ... primarily involve situat…
cited
Cited "see"
United States v. CFW Const. Co., Inc.
See generally Toepleman v. United States, 263 F.2d 697, 699 (4th Cir.), cert. denied, 359 U.S. 989 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959).
discussed
Cited "see"
State v. Weiker
(2×)
See United States v. Cato Bros., Inc., 273 F.2d 153, 157 (4th Cir.1959), cert. denied, 359 U.S. 989 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959); accord, United States v. Redmond, 571 F.2d 513 (10th Cir.1978), cert. denied, 435 U.S. 995 , 98 S.Ct. 1645 , 56 L.Ed.2d 83 (1978).
discussed
Cited "see"
Spencer v. Moore Business Forms, Inc.
See Shaffer v. Evans, 263 F.2d 134, 135 (10th Cir. 1958), cert. den. 359 U.S. 990 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959) (trial court did not abuse its discretion in denying plaintiff’s Fed.R.Civ.P. 41(a)(2) motion and dismissing the case with prejudice when the case had been pending six months, depositions had been taken, defend ants had made arrangements for medical testimony, a pretrial conference had been held, and the case was ready for trial at the next jury term); see also 5 Moore’s Federal Practice, ¶ 41.05[1] at pages 41-64, note 35 and cases cited therein; 3 cf. Yoffe v. Keller …
discussed
Cited "see"
Standard Industries, Inc. v. Mobil Oil Corporation
See such cases as Shaffer v. Evans, per curiam, 263 F.2d 134 (10th Cir. 1958), cert. denied, 359 U.S. 990 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959), where it was held that a motion by the plaintiff to dismiss after issue had been joined, but before trial, was addressed to the sound discretion of the trial court. 71 Accordingly, the judgments as entered are affirmed, but the case is remanded with direction that the trial court enter in favor of the plaintiffs a joint and several judgment against Mobil and DX only for damages incurred by the plaintiffs in the year 1963. 1 "INSTRUCTION NO. 27 "PASS-…
discussed
Cited "see"
Standard Industries, Inc. v. Mobil Oil Corp.
See such cases as Shaffer v. Evans, per curium, 263 F.2d 134 (10th Cir. 1958), cert. denied, 359 U.S. 990 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959), where it was held that a motion by the plaintiff to dismiss after issue had been joined, but before trial, was addressed to the sound discretion of the trial court.
discussed
Cited "see"
Robert James Lubben v. Selective Service System Local Board No. 27
See Title v. United States, 263 F.2d 28 (9th Cir.), cert, denied, 359 U.S. 989 , 79 S.Ct. 1118 , 3 L.Ed.2d 978 (1959); Collins v. City of Wichita, 254 F.2d 837 (10th Cir. 1958); Berryhill v. United States, 199 F.2d 217 (6th Cir. 1952). 17 *651 III In United States v. Swift & Co., 286 U.S. 106 , 52 S.Ct. 460 , 76 L.Ed. 999 (1932), the Court held that it was the inherent right of a court of equity to modify an injunction in adaptation to changed circumstances which rendered the injunction an instrument of wrong.
discussed
Cited "see"
Alamance Industries, Inc. v. Filene's
Larsen v. Switzer, 8 Cir., 1950, 183 F.2d 850, 851 ; see Shaffer v. Evans, 10 Cir., 1958, 263 F.2d 134, 135 , certiorari denied 359 U.S. 990 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 ; Adney v. Mississippi Lime Co. of Missouri, 7 Cir., 1957, 241 F.2d 43, 45-46 ; Lyman v. United States, 1 Cir., 1944, 138 F.2d 509 , certiorari denied 320 U.S. 800 , 64 S.Ct. 429 , 88 L.Ed. 483 .
discussed
Cited "see"
Sherman Brandon v. United States
(2×)
See, for example, Jones v. United States, 1958, 104 U.S.App.D.C. 345 , 262 F.2d 234 , certiorari granted, 1959, 359 U.S. 988 , 79 S.Ct. 1125 , 3 L.Ed.2d 978 ; Accardo v. United States, 101 U.S.App.D.C. 162 , 247 F.2d 568 , certiorari denied, 1957, 355 U. S. 898 , 78 S.Ct. 273 , 2 L.Ed.2d 195 ; Gaskins v. United States, 1955, 95 U.S. App.D.C. 34, 218 F.2d 47 ; and almost squarely in point, Scoggins v. United States, 1953, 92 U.S.App.D.C. 29 , 202 F.2d 211 and cases cited; see also, Washington v. United States, 4 92 U.S.App.D.C. 31 , 202 F.2d 214 , certiorari denied, 1953, 345 U.S. 956 , 73 S.Ct…
cited
Cited "see, e.g."
United States v. Charles Hughes
See also Toepleman v. United States, 263 F.2d 697 (4th Cir.), cert. denied, 359 U.S. 989 , 79 S.Ct. 1119 , 3 L.Ed.2d 978 (1959).
Retrieving the full opinion text from the archive…
Federal Trade Commission
v.
Travelers Health Association
v.
Travelers Health Association
No. 836.
Supreme Court of the United States.
May 18, 1959.
Acting Solicitor General Davis, Assistant Attorney General Hansen, Richard A. Solomon, Earl W. Kintner and James E. Corkey for petitioner., C. C. Fraizer for respondent.
Published
Citer courts: N.D. California (2)
C. A. 8th Cir. Certiorari granted.