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Kawananokoa v. Polyblank, 205 U.S. 349 (1907)
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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.
Kawananokoa v. Polyblank, 205 U.S. 349 (1907)
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Kawananokoa v. Polyblank No. 273 Argued March 21, 1907 Decided April 8, 1907 205 U.S. 349
APPEAL FROM THE SUPREME COURT
OF THE TERRITORY OF HAWAII
Syllabus
Under Equity Rule 92, where a part of the mortgage premises has been sold to the sovereign power which refuses to waive its exemption from suit, the court can, all other parties being joined, except the land so conveyed and decree sale of the balance and enter deficiency judgment for sum remaining due if proceeds of sale are insufficient to pay the debt.
A sovereign is exempt from suit not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends, and as this doctrine is not confined to full sovereign powers, it extends to those, such as the territories of the United States, which in actual administration originate and change the law of contract and property.
A territory of the United States differs from the District of Columbia in that the former is itself the fountain from which rights ordinarily flow, although Congress may intervene, while, in the latter, the body of private rights is created and controlled by Congress, and not by a legislature of the District.
17 Haw. 82 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Kawananokoa v. Polyblank, 205 U.S. 349 (1907) in 205 U.S. 349 205 U.S. 352. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=67ZCIZB9TFLR8C4.
MLA: U.S. Supreme Court. "Syllabus." Kawananokoa v. Polyblank, 205 U.S. 349 (1907), in 205 U.S. 349, page 205 U.S. 352. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=67ZCIZB9TFLR8C4.
Harvard: U.S. Supreme Court, 'Syllabus' in Kawananokoa v. Polyblank, 205 U.S. 349 (1907). cited in 1907, 205 U.S. 349, pp.205 U.S. 352. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=67ZCIZB9TFLR8C4.
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