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McCandless v. Furlaud, 293 U.S. 67 (1934)
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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.
McCandless v. Furlaud, 293 U.S. 67 (1934)
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McCandless v. Furlaud No. 11 Argued October 11, 1934 Decided November 5, 1934 293 U.S. 67
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. An objection to the capacity of the receiver of a corporation, appointed by a federal court, to sue in a federal court in another State under an ancillary appointment made on his direct ex parte application and not as an incident to an independent bill, is an objection that might have been remedied if timely made in the court of first instance, and is waived if made for the first time on appeal. P. 73.
2. The court in which the receiver sued having jurisdiction of both the subject matter and the parties, the objection to the manner of his appointment goes not to the court’s jurisdiction, but to his legal capacity as plaintiff. P. 74.
3. Booth v. Clark, 17 How. 322, distinguished. P. 75.
68 F.2d 925 reversed.
Certiorari, 292 U.S. 617, to review the reversal of a decree in a suit brought by McCandless as ancillary receiver. The review here was to be limited to the questions pertaining to the validity of the appointment of the petitioner as ancillary receiver, and his right as such to maintain this suit.
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Chicago: U.S. Supreme Court, "Syllabus," McCandless v. Furlaud, 293 U.S. 67 (1934) in 293 U.S. 67 293 U.S. 68. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BEDM1AGNJ7D2WZB.
MLA: U.S. Supreme Court. "Syllabus." McCandless v. Furlaud, 293 U.S. 67 (1934), in 293 U.S. 67, page 293 U.S. 68. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BEDM1AGNJ7D2WZB.
Harvard: U.S. Supreme Court, 'Syllabus' in McCandless v. Furlaud, 293 U.S. 67 (1934). cited in 1934, 293 U.S. 67, pp.293 U.S. 68. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BEDM1AGNJ7D2WZB.
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