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United States v. Benedict, 261 U.S. 294 (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.
United States v. Benedict, 261 U.S. 294 (1923)
United States v. Benedict No. 394 Argued January 23, 1923 Decided March 5, 1923 261 U.S. 294
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. In an action to recover money from the United States wherein, upon a suggestion made by the circuit court of appeals to avoid a reversal, the plaintiff assigned part of the recovery to a city which claimed an interest in the premises but insisted that the complaint should have been dismissed, held that the city, by not objecting to the suggestion in the court of appeals and by waiting three months before suing out a writ of error here, must be deemed to have accepted the assignment and consented to the judgment, and that its writ of error must be dismissed. P. 298.
2. In an action against he United States for a balance due on property taken under the Lever Act, interest is recoverable from the date of the taking. P. 298. Seaboard Air Line Ry. Co. v. United States, post,299.
Writ of error of City of New York to review 280 F. 76 dismissed. As to the United States, judgment affirmed.
Error to a judgment of the circuit court of appeals affirming, with modification, a judgment of the district court for the plaintiff in an action against the United States for a balance due as compensation for property taken under the Lever Act. The City of New York was joined as codefendant to adjudicate its claim of interest in the property.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Benedict, 261 U.S. 294 (1923) in 261 U.S. 294 261 U.S. 296. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HUWWPZBY5GPVFFI.
MLA: U.S. Supreme Court. "Syllabus." United States v. Benedict, 261 U.S. 294 (1923), in 261 U.S. 294, page 261 U.S. 296. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HUWWPZBY5GPVFFI.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Benedict, 261 U.S. 294 (1923). cited in 1923, 261 U.S. 294, pp.261 U.S. 296. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HUWWPZBY5GPVFFI.
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