|
|
Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980)
Contents:
Show Summary
Hide Summary
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.
Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980)
Webb’s Fabulous Pharmacies, Inc. v. Beckwith No. 79-1033 Argued October 14, 15, 1980 Decided December 9, 1980 449 U.S. 155
APPEAL FROM THE SUPREE COURT OF FLORIDA
Syllabus
Held: Appellee county’s taking as its own, under the authority of a Florida statute, the interest accruing on an interpleader fund deposited in the registry of a county court was a taking violative of the Fifth and Fourteenth Amendments where a fee, based on the amount of the principal deposited as prescribed by another Florida statute, was also charged for the court clerk’s services in receiving the fund into the registry, and where the deposited fund was concededly private, and was required by statute in order for the depositor to avail itself of statutory protection from the claims of creditors and others. Neither the Florida Legislature, by statute, nor the Florida courts, by judicial decree, may accomplish the result the county sought simply by recharacterizing the principal of the deposited fund as "public money" because it was held temporarily by the court. The earnings of the fund are incidents of ownership of the fund itself, and are property just as the fund itself is property. Pp. 159-165.
374 So.2d 951, reversed.
BLACKMUN, J., delivered the opinion for a unanimous Court.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980) in 449 U.S. 155 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=EVD3QA5ZWSA8XUP.
MLA: U.S. Supreme Court. "Syllabus." Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980), in 449 U.S. 155, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EVD3QA5ZWSA8XUP.
Harvard: U.S. Supreme Court, 'Syllabus' in Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980). cited in 1980, 449 U.S. 155. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=EVD3QA5ZWSA8XUP.
|