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Ex Parte Davis, 262 U.S. 274 (1923)
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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 Davis, 262 U.S. 274 (1923)
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Ex Parte Davis No. 27, Original Argued on return to rule to show cause April 16, 1923 Decided May 21, 1923 262 U.S. 274
PETITION FOR A WRIT OF PROHIBITION AND/OR MANDAMUS
Syllabus
1. Where the district court, after due hearing, overruled objections to its jurisdiction and made an interlocutory order, held that a mandamus from this Court was not the proper remedy for correcting its action, if erroneous. Ex parte Roe, 234 U.S. 70. P. 275.
2. Prohibition will not issue to forbid the district court from proceeding with a suit, for want of jurisdiction, when it is not clear that jurisdiction is absent, and when there is no imperative reason why error in that regard should be corrected by prohibition rather than by appeal. Id.
Rule discharged; petition denied.
Petition for mandamus or prohibition to restrain the district court from entertaining jurisdiction of a suit in admiralty to recover damages from the Director General of Railroads for a maritime tort.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Davis, 262 U.S. 274 (1923) in 262 U.S. 274 262 U.S. 275. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9Z6L3ZGKQQFRIC9.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Davis, 262 U.S. 274 (1923), in 262 U.S. 274, page 262 U.S. 275. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9Z6L3ZGKQQFRIC9.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Davis, 262 U.S. 274 (1923). cited in 1923, 262 U.S. 274, pp.262 U.S. 275. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9Z6L3ZGKQQFRIC9.
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