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Walker v. Gish, 260 U.S. 447 (1923)
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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.
Walker v. Gish, 260 U.S. 447 (1923)
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Walker v. Gish No. 135 Argued November 28, 29, 1922 Decided January 2, 1923 260 U.S. 447
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. The rule allowing a lot owner to erect a party wall on the lot line, and obliging his neighbor, if he use it, to pay part of the cost, is a condition attached to the lots within the original Federal City under the powers granted by the original proprietors of the land, and, as extended to other parts of the District under an act authorizing the District Commissioners to establish building regulations, it has the force of a custom binding wherever a party wall is reflected by one lot owner without objection by the adjoining owner. P. 449.
2. And, in the absence of evidence to the contrary, it must be presumed that the erection of such a wall was done without such objection. P. 451.
3. A lot owner who used a party wall waived his right to object, in defense of an action for the value of the use, that the building regulations, with which he complied deprived him of his property without due process of law. P. 452.
51 App.D.C. 4, 273 F. 366, affirmed.
Error to a judgment of the Court of Appeals of the District of Columbia affirming a judgment for Gish in an action to recover the value of the use of a party wall by Walker.
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Chicago: U.S. Supreme Court, "Syllabus," Walker v. Gish, 260 U.S. 447 (1923) in 260 U.S. 447 260 U.S. 448. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=F5QEQPD758V12KQ.
MLA: U.S. Supreme Court. "Syllabus." Walker v. Gish, 260 U.S. 447 (1923), in 260 U.S. 447, page 260 U.S. 448. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F5QEQPD758V12KQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Walker v. Gish, 260 U.S. 447 (1923). cited in 1923, 260 U.S. 447, pp.260 U.S. 448. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=F5QEQPD758V12KQ.
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