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Ex Parte Abdu, 247 U.S. 27 (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 Abdu, 247 U.S. 27 (1918)
Ex Parte Abdu No. 31, Original Argued April 29, 1918 Rule discharged May 20, 1918 247 U.S. 27
PETITION FOR WRIT OF MANDAMUS
Syllabus
In a case ultimately within its reviewing power, this Court has jurisdiction to require by mandamus the filing of the record in the circuit court of appeals.
Where the refusal to file was in accordance with orders of the court of appeals, relied on in the clerk’s answer, held that, while properly the relief should have been directed to the court, under the peculiar circumstances, the irregularity might be treated as formal and the authority to make the orders be determined with the clerk alone as technical respondent.
The provision in the Act of June 12, 1917, c. 27, 40 Stat. 157, that
courts of the United States shall be open to seamen without furnishing bonds or prepayment of or making deposit to secure fees or costs, for the purpose of entering and prosecuting suit,
etc., does not apply to appellate proceedings.
Rule discharged.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Abdu, 247 U.S. 27 (1918) in 247 U.S. 27 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=A4CTKYD3VZCXYAG.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Abdu, 247 U.S. 27 (1918), in 247 U.S. 27, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A4CTKYD3VZCXYAG.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Abdu, 247 U.S. 27 (1918). cited in 1918, 247 U.S. 27. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=A4CTKYD3VZCXYAG.
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