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Oakes v. Lake, 290 U.S. 59 (1933)
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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.
Oakes v. Lake, 290 U.S. 59 (1933)
Oakes v. Lake No. 5 Argued October 11, 1933 Decided November 6, 1933 290 U.S. 59
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. A state court receiver who, as such, had taken possession of personal property (cattle) afterwards found in another state in possession of another, is entitled to sue for repossession in that state, without an ancillary appointment. P. 61.
2. The principle upon which the receiver may do this is one of law, and not of comity. P. 63.
3. Assuming, but not deciding, that, in a suit in a federal court in Idaho under the so-called claim and delivery statute of that state, property held by a sheriff under process issued by a state court cannot be repossessed, nevertheless the value of the property and damages may be recovered. P. 64.
2 F.2d 728 reversed.
Certiorari, 289 U.S. 717, to review a judgment affirming a judgment of nonsuit in an action brought in the District Court by a foreign receiver under the Idaho claim and delivery statute.
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Chicago: U.S. Supreme Court, "Syllabus," Oakes v. Lake, 290 U.S. 59 (1933) in 290 U.S. 59 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=IGIL9EY1G3GGWN7.
MLA: U.S. Supreme Court. "Syllabus." Oakes v. Lake, 290 U.S. 59 (1933), in 290 U.S. 59, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IGIL9EY1G3GGWN7.
Harvard: U.S. Supreme Court, 'Syllabus' in Oakes v. Lake, 290 U.S. 59 (1933). cited in 1933, 290 U.S. 59. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=IGIL9EY1G3GGWN7.
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