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Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918)
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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.
Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918)
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Ex Parte Southwestern Surety Insurance Company No. 28, Original Submitted April 22, 1918 Rule discharged May 20, 1918 247 U.S. 19
PETITION FOR WRIT OF PROHIBITION
Syllabus
In an action against a contractor and surety under the Act of August 13, 1894, 28 Stat. 278, as amended, the district court has jurisdiction to decide whether claims of materialmen were filed within the year limited by the act, and upon the effect of filing them later.
Prohibition will not issue to control the district court upon questions which that court is competent to decide or questions dependent on facts not presented to this Court.
Rule discharged.
Upon petition, a rule was made upon the judge of the District Court for the Western District of North Carolina to show cause why a writ of prohibition should not issue to prevent further proceedings in an action brought against a contractor and the petitioner as its surety, under the Act of August 13, 1894, c. 280, 28 Stat. 278, as amended. The decision was made upon the petition and respondent’s answer thereto.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918) in 247 U.S. 19 247 U.S. 20. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918), in 247 U.S. 19, page 247 U.S. 20. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918). cited in 1918, 247 U.S. 19, pp.247 U.S. 20. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.
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