Public-domain · open source
OpenJurist

358 U.S. 332

79 S. Ct. 353

3 L. Ed. 2d 345

Docket No. 572.

Herrmann v. Rogers

Supreme Court of the United States

January 26, 1959

Supreme Court of the United States · decided 1959-01-26

Key passage — most relied on by later courts

““The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated, and the cause is remanded to it, to consider whether, under the law of property of Idaho, it was possible, after the time of the making of the conveyance, for any person other than the named beneficiaries of the trust to acquire a property interest in it (other than through a named beneficiary), and, in the light of its determination as to this, to reconsider its holding that respondent was entitled to all the trust funds remaining in the hands of the trustee.””

quoted by 2 later decisions, including First National Bank v. Kirschmann, In Re Trusteeship Under Will of Schmidt

“On petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit. Petition for writ of certiorari granted. Judgment vacated, ánd case remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of Halo.... Justice ALITO took no part in the consideration or decision of this petition.”

quoted by 1 later decision, including WesternGeco L.L.C. v. ION Geophysical Corp.

Relies on Territo v. United States

Good law ✅— No negative treatment on recordhow we know

Vacated and remanded · 9–0 · Opinion by Per Curiam · Decided 1959-01-26

How this case has been cited

Cited by 39 later decisions (1 by the Supreme Court) — most recently September 2016 · most notably Boyd Leedom, as Chairman and Members of National Labor Relations Board v. International Brotherhood of Electrical Workers, Local Union No. 108, Afl-Cio, General Cable Corporation v. Boyd Stewart Leedom, Individually and as Chairman and Members of and Constituting National Labor Relations Board (1960), Cecil Corley Motor Co., Inc. v. General Motors Corp. (1974)

22 federal appellate · 15 state decisions

1701959196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Messrs. Burton K. Wheeler and Robert G. Seaks, for petitioner.

Solicitor General Rankin, Assistant Attorney General Townsend, Messrs. George B. Searls and Irwin A. Seibel, for respondent.

On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.

PER CURIAM.

¶1

The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated, and the cause is remanded to it, to consider whether, under the law of property of Idaho, it was possible, after the time of the making of the conveyance, for any person other than the named beneficiaries of the trust to acquire a property interest in it (other than through a named beneficiary), and, in the light of its determination as to this, to reconsider its holding that respondent was entitled to all the trust funds remaining in the hands of the trustee.

/358/us/332 · .json · Public domain