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Ex Parte Roe, 234 U.S. 70 (1914)
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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 Roe, 234 U.S. 70 (1914)
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Ex Parte Roe No. 13, Original Argued April 6, 1914 Decided May 25, 1914 234 U.S. 70
PETITION FOR WRIT OF MANDAMUS
Syllabus
When a federal court decides that a case removable from a state court on independent grounds is not made otherwise by § 6 of the Employers’ Liability Act, the decision is a judicial act done in the exercise of jurisdiction conferred by law, and, even if erroneous, is not open to collateral attack, but only subject to correction in an appropriate appellate proceeding.
The authorized mode of reviewing such a ruling in an action at law is by writ of error from the final judgment. Judicial Code, §§ 128, 238. The writ of mandamus lies to compel the exercise by a judicial officer of existing jurisdiction, but not to control his decision.
Mandamus may not be used to correct alleged error in a refusal to remand, especially where the order may be reviewed after final judgment on writ of error or appeal. Ex Parte Harding, 219 U.S. 363.
The facts, which involve the Removal Acts and also the construction of the provisions of § 6 of the Employers’ Liability Act of 1908 as amended in 1910 relating to removal of causes arising under the latter act, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Roe, 234 U.S. 70 (1914) in 234 U.S. 70 234 U.S. 71. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=CSXDQTVTDLZB5LU.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Roe, 234 U.S. 70 (1914), in 234 U.S. 70, page 234 U.S. 71. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CSXDQTVTDLZB5LU.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Roe, 234 U.S. 70 (1914). cited in 1914, 234 U.S. 70, pp.234 U.S. 71. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=CSXDQTVTDLZB5LU.
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