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Bruce v. Tobin, 245 U.S. 18 (1917)
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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.
Bruce v. Tobin, 245 U.S. 18 (1917)
Bruce v. Tobin No. 645 Petition for a writ of certiorari submitted October 1, 1917 Denied October 22, 1917 245 U.S. 18
PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT
OF THE STATE OF SOUTH DAKOTA
Syllabus
The remedy by certiorari which, in certain classes of cases, is substituted by the Act of September 6, 1916, c. 948, 39 Stat. 726, for the remedy by writ of error previously allowed by Rev.Stats., § 709, Jud.Code, § 237, is confined to final judgments, and finality, in the one case as in the other, is determined by the face of the record and the formal character of the judgment rendered by the state court.
In an action by a father to recover a share of a fund collected by his deceased son’s administrator as damages under the Employers’ Liability Act, the state trial court rejected the father’s claim entirely. The state supreme court, upholding his right but not specifically fixing the amount to which he was entitled, directed a new trial to accomplish that result. Assuming the judgment final in the sense that it determined the ultimate right and the general principles by which it was to be measured, held, nevertheless, that it was not final in the sense of the Act of September 6, 1916, supra, and that an application for certiorari under that statute was premature.
Petition for a writ of certiorari to review 39 S.D. 64 denied.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Bruce v. Tobin, 245 U.S. 18 (1917) in 245 U.S. 18 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=IXMUSMS3IWWHALX.
MLA: U.S. Supreme Court. "Syllabus." Bruce v. Tobin, 245 U.S. 18 (1917), in 245 U.S. 18, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IXMUSMS3IWWHALX.
Harvard: U.S. Supreme Court, 'Syllabus' in Bruce v. Tobin, 245 U.S. 18 (1917). cited in 1917, 245 U.S. 18. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=IXMUSMS3IWWHALX.
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