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Delaware, L. & Western R. Co. v. Rellstar, 276 U.S. 1 (1928)
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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.
Delaware, L. & Western R. Co. v. Rellstar, 276 U.S. 1 (1928)
Delaware, Lackawanna & Western Railroad Company v. Rellstar No. 141 Argued January 5, 1928 Decided January 16, 1928 276 U.S. 1
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. The power of the district court to set aside its judgment because of perjured testimony ends with the term in which the judgment was entered. P. 4.
2. The circuit court of appeals has jurisdiction, by mandamus, to require the reinstatement of a judgment of the district court which it has affirmed and which the district court, without jurisdiction, has afterwards assumed to set aside for perjury. P. 5.
3. Mandamus to enforce a judgment should not be refused on the ground of injustice where the judgment has become unassailable and the injustice depends on a speculation as to which of three conflicting statements of a witness -- a confessed perjurer -- was true. P. 5.
15 F.2d 137, reversed.
Certiorari, 273 U.S. 685, to a judgment of the circuit court of appeals which refused to grant a writ of mandamus requiring the district court to reinstate a judgment which it had assumed to set aside. The judgment was one recovered by the above-named petitioner as defendant in an action for personal injuries, etc. See also 296 Fed. 439.
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Chicago: U.S. Supreme Court, "Syllabus," Delaware, L. & Western R. Co. v. Rellstar, 276 U.S. 1 (1928) in 276 U.S. 1 276 U.S. 4. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=KDIL5SDCSJPYRXU.
MLA: U.S. Supreme Court. "Syllabus." Delaware, L. & Western R. Co. v. Rellstar, 276 U.S. 1 (1928), in 276 U.S. 1, page 276 U.S. 4. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KDIL5SDCSJPYRXU.
Harvard: U.S. Supreme Court, 'Syllabus' in Delaware, L. & Western R. Co. v. Rellstar, 276 U.S. 1 (1928). cited in 1928, 276 U.S. 1, pp.276 U.S. 4. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=KDIL5SDCSJPYRXU.
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