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Ex Parte First National Bank of Chicago, 207 U.S. 61 (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.
Ex Parte First National Bank of Chicago, 207 U.S. 61 (1907)
Ex Parte First National Bank of Chicago No. 8 Original, and 38 Submitted May 13, 1907 Decided October 28, 1907 207 U.S. 61
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE SEVENTH CIRCUIT
Syllabus
Where the circuit court of appeals, after issuing mandamus to the district judge requiring him to modify a decree so as to conform to the decision of this Court, allows the party in interest a writ of error and the district judge declines to sue out or join in the writ, the writ will not be dismissed because the district judge is not a party, and the fact that he has obeyed the order will not prejudice the position of the plaintiff in error.
This Court customarily issues a single mandate, and if in a case originating in the district court it is addressed to the circuit court of appeals, the directions are simply to be communicated to the district court to be followed by it on the authority of this Court, and not of the circuit court of appeals, and that court has no jurisdiction to compel the district court to alter its decree.
Where the circuit court of appeals has improperly issued mandamus to the district judge to modify a decree to conform to the decision of this Court, this Court will reverse the judgment and issue mandamus to the district court to set aside the decree entered in pursuance thereof.
The decision of this Court in First National Bank v. Chicago Title & Trust Co., 198 U.S. 280, merely gave directions in general form to be carried out by the district court, and it was not intended to supersede the authority given to that court by the bankruptcy law to control litigation by the trustee.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte First National Bank of Chicago, 207 U.S. 61 (1907) in 207 U.S. 61 207 U.S. 64. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=A88H4I8BBGZCTYB.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte First National Bank of Chicago, 207 U.S. 61 (1907), in 207 U.S. 61, page 207 U.S. 64. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A88H4I8BBGZCTYB.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte First National Bank of Chicago, 207 U.S. 61 (1907). cited in 1907, 207 U.S. 61, pp.207 U.S. 64. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=A88H4I8BBGZCTYB.
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