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In Re Conway, 178 U.S. 421 (1900)
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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.
In Re Conway, 178 U.S. 421 (1900)
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In re Conway No. 9, Original Submitted April 9, 1900 Decided May 28, 1900 178 U.S. 421
ORIGINAL
Syllabus
A national bank was closed by order of the Comptroller of the Currency and a receiver appointed. An assessment was made upon the holders of stock. Overton and Hoffer were among those who were assessed, and payment not having been made, suit was brought against them. Service was made upon H., but not upon O., who was very ill, and who died without service having been made upon him. He left a will, under which J. P. O. was duly appointed his executor. The executor was summoned into the suit by a writ of scire facias. A motion was made to set aside the scire facias and the attempted service thereof, which motion was granted. The executor being substituted in the place of the deceased as defendant, the court decided that it had acquired no jurisdiction over the deceased, and could acquire none over his executor. Thereupon the receiver applied to this Court for a writ of mandamus to the Judges of the Circuit Court of the United States for the Ninth Circuit commanding them to take jurisdiction and proceed against J. P. O. as executor of the last will and testament of O., deceased, in the action brought by the receiver to recover the assessments. Held:
(1) That mandamus was the proper remedy, and the rule was made absolute.
(2) That the action of the circuit court in setting aside the scire facias was here for review.
(3) That scire facias was the proper mode for bringing in the executor, and under Rev.Stat. § 955, it gave the court jurisdiction to render judgment against the estate of the deceased party in the same manner as if the executor had voluntarily made himself a party.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," In Re Conway, 178 U.S. 421 (1900) in 178 U.S. 421 178 U.S. 422. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AXNNB97HHY33RG3.
MLA: U.S. Supreme Court. "Syllabus." In Re Conway, 178 U.S. 421 (1900), in 178 U.S. 421, page 178 U.S. 422. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AXNNB97HHY33RG3.
Harvard: U.S. Supreme Court, 'Syllabus' in In Re Conway, 178 U.S. 421 (1900). cited in 1900, 178 U.S. 421, pp.178 U.S. 422. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AXNNB97HHY33RG3.
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