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Creary v. Weeks, 259 U.S. 336 (1922)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Creary v. Weeks, 259 U.S. 336 (1922)
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United States ex Rel. Creary v. Weeks No. 725 Argued April 20, 1922 Decided May 29, 1922 259 U.S. 336
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. French v. Weeks, ante,326, followed, to the effect that § 24b of the Army Reorganization Act does not require personal and judicial action on the part of the President precedent to the final classification of an army officer as one to be retired or discharged from the Army. P. 342.
2. Section 24b of the Army Reorganization Act does not violate due process of law in not affording an officer who, after due hearing before a Court of Inquiry, has been classified by the Board of Final Classification as one who should not be retained in the service, a notice and a further hearing before the further determination, by another board, of the question whether the classification was due to his neglect, misconduct or avoidable habits, involving, if affirmative, his discharge from the Army or, if negative, his placement on the retired list at diminished pay. P. 343.
3. Proceedings of lawfully constituted military tribunals, acting within the scope of their lawful authority, with jurisdiction over the person and subject matter involved, cannot be reviewed or set aside by the civil courts by mandamus or otherwise. P. 344.
277 F. 594 affirmed.
Error to a judgment of the Court of Appeals of the District of Columbia, which reversed a judgment of the Supreme Court granting the writ of mandamus against the present defendant in error and dismissed the proceeding.
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Chicago: U.S. Supreme Court, "Syllabus," Creary v. Weeks, 259 U.S. 336 (1922) in 259 U.S. 336 259 U.S. 337–259 U.S. 341. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=2CS6H7P176GUSL9.
MLA: U.S. Supreme Court. "Syllabus." Creary v. Weeks, 259 U.S. 336 (1922), in 259 U.S. 336, pp. 259 U.S. 337–259 U.S. 341. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2CS6H7P176GUSL9.
Harvard: U.S. Supreme Court, 'Syllabus' in Creary v. Weeks, 259 U.S. 336 (1922). cited in 1922, 259 U.S. 336, pp.259 U.S. 337–259 U.S. 341. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=2CS6H7P176GUSL9.
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