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Mercer v. Theriot, 377 U.S. 152 (1964)
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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.
Mercer v. Theriot, 377 U.S. 152 (1964)
Mercer v. Theriot No. 336 Argued April 22, 1964 Decided May 4, 1964 377 U.S. 152
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
The Court of Appeals, for insufficiency of evidence and prejudicial errors, reversed a judgment for petitioner in a wrongful death action brought in a federal District Court where jurisdiction was based on diversity of citizenship and amount in controversy, and remanded the case to the District Court with instructions for entry of judgment for respondent, or for a new trial if petitioner could show that, on another trial, there would be sufficiently probative evidence to warrant submission of the case to the jury. The District Court, on remand, denied petitioner’s motion for a new trial, holding that the additional evidence would be inadmissible under the hearsay rule; and the Court of Appeals affirmed.
Held:
1. This Court, upon review of the second judgment, may consider all the substantial federal questions determined in the earlier stages of the litigation. P. 153.
2. The evidence was sufficient under any appropriate standard, state or federal, to support the jury’s verdict, and no errors affecting substantial justice occurred at the trial. Pp. 154-156.
316 F. 2d 635, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Mercer v. Theriot, 377 U.S. 152 (1964) in 377 U.S. 152 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=73RH91U33PEZUPG.
MLA: U.S. Supreme Court. "Syllabus." Mercer v. Theriot, 377 U.S. 152 (1964), in 377 U.S. 152, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=73RH91U33PEZUPG.
Harvard: U.S. Supreme Court, 'Syllabus' in Mercer v. Theriot, 377 U.S. 152 (1964). cited in 1964, 377 U.S. 152. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=73RH91U33PEZUPG.
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