Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916)
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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.
Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916)
Title Guaranty & Surety Company v. Allen No. 815 Motion to dismiss or affirm submitted January 24, 1916 Decided February 21, 1916 240 U.S. 136
ERROR TO THE SUPREME COURT
OF THE STATE OF IDAHO
Syllabus
Where the state, suing on behalf of depositors of a bank, is an actual party plaintiff, the case cannot be removed to the federal court. Missouri &c. Ry. v. Commissioners, 183 U.S. 53.
Where a state, suing on behalf of depositors of a bank, is merely a nominal party, the case cannot be removed if none of the distinct judgments to be rendered in favor of any individual is large enough to confer jurisdiction; the amounts cannot be aggregated for that purpose. Rogers v. Hennepin County, 239 U.S. 621.
The due process provision of the Fourteenth Amendment does not prevent a state from placing upon a bank commissioner the duty of closing a bank found upon examination to be insolvent without first instituting proceedings and obtaining an award.
The facts, which involve the right of removal of a cause from the state court to the federal court on grounds of diversity of citizenship and of amount in controversy and the constitutionality under the due process provision of the Fourteenth Amendment of certain provisions of the Idaho Banking Law, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916) in 240 U.S. 136 240 U.S. 139. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=D5Z3CVJAHT1G942.
MLA: U.S. Supreme Court. "Syllabus." Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916), in 240 U.S. 136, page 240 U.S. 139. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=D5Z3CVJAHT1G942.
Harvard: U.S. Supreme Court, 'Syllabus' in Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916). cited in 1916, 240 U.S. 136, pp.240 U.S. 139. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=D5Z3CVJAHT1G942.
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