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Bank of Jasper v. First Nat’l Bank of Rome, 258 U.S. 112 (1922)
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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.
Bank of Jasper v. First Nat’l Bank of Rome, 258 U.S. 112 (1922)
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Bank of Jasper v. First National Bank of Rome, Georgia Nos. 76 , 73 , 74 , 77 Argued January 12, 1922 Decided February 27, 1922 258 U.S. 112
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Under the law of Florida, an appeal to the state supreme court, taken solely to review an interlocutory order overruling a motion to quash a pretended service by publication for want of jurisdiction, does not operate as a general appearance. P. 117.
2. By an arrangement between a corporation, its agent, and a bank, purchasers of the corporation’s shares were allowed to discount their notes at the bank, the resulting credits were transferred by the bank to the account of the agent in payment for the shares, and negotiable certificates of deposit were issued by the bank to the agent. Held that the certificates of deposit did not represent funds in the bank which, as res, could sustain service by publication upon a nonresident purchaser of the certificates in suits brought by the shareholders in the state court against such purchaser, the bank, the vendor corporation, and its agent to have the proceeds of the notes impressed with a trust in plaintiffs’ favor and annul their purchases and notes and the certificates on the ground of fraud in selling the shares, and that judgments based on such service were void. P. 118.
26 F. 83 affirmed.
These were actions in the District Court for the Southern District of Florida brought by the present respondents, respectively, as indorsees of certificates of deposit issued by the respective petitioners. The petitioners pleaded res judicata, based on judgments rendered by the Florida courts in suits to which it had been sought to make the respondents parties through service by publication. The district court held the service valid and the judgments conclusive, but the circuit court of appeals held otherwise, and its judgments, reversing those of the district court, are here by certiorari.
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Chicago: U.S. Supreme Court, "Syllabus," Bank of Jasper v. First Nat’l Bank of Rome, 258 U.S. 112 (1922) in 258 U.S. 112 258 U.S. 113–258 U.S. 114. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=EMK3LRZWHYG3AYA.
MLA: U.S. Supreme Court. "Syllabus." Bank of Jasper v. First Nat’l Bank of Rome, 258 U.S. 112 (1922), in 258 U.S. 112, pp. 258 U.S. 113–258 U.S. 114. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EMK3LRZWHYG3AYA.
Harvard: U.S. Supreme Court, 'Syllabus' in Bank of Jasper v. First Nat’l Bank of Rome, 258 U.S. 112 (1922). cited in 1922, 258 U.S. 112, pp.258 U.S. 113–258 U.S. 114. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=EMK3LRZWHYG3AYA.
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