Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918)
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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.
Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918)
Ibanez v. Hong Kong & Shanghai Banking Corporation No. 230 Argued March 20, 21, 1918 Decided April 29, 1918 246 U.S. 621
APPEAL FROM THE SUPREME COURT
OF THE PHILIPPINE ISLANDS
Syllabus
As to cases existing at the time of it enactment, the Philippine Code of Civil Procedure did not displace the system of parental control and usufructuary interest defined by the civil Code respecting the property of minor children. Held, therefore, that the right of a parent to emancipate minor children and thus endow them with capacity to make a valid mortgage of their real estate persisted notwithstanding the Code of Civil Procedure.
Section 581 of the Code of Civil Procedure, providing that
all proceedings in cases of guardianship pending . . . at the time of the passage of this Act, shall proceed in accordance with the existing Spanish procedure under which the guardians were appointed,
is construed broadly as relating not merely to court proceedings, but as expressly preserving existing powers and usufructuary rights of parents over the property of minor children existing under the Civil Code.
30 Phil.Rep. 228, affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918) in 246 U.S. 621 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FLNHZBBJY7JE952.
MLA: U.S. Supreme Court. "Syllabus." Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918), in 246 U.S. 621, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FLNHZBBJY7JE952.
Harvard: U.S. Supreme Court, 'Syllabus' in Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918). cited in 1918, 246 U.S. 621. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FLNHZBBJY7JE952.
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