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Ownbey v. Morgan, 256 U.S. 94 (1921)
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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.
Ownbey v. Morgan, 256 U.S. 94 (1921)
Ownbey v. Morgan No. 99 Argued November 18, 1920 Decided April 11, 1921 256 U.S. 94
ERROR TO THE SUPREME COURT
OF THE STATE OF DELAWARE
Syllabus
1. The Delaware rule in foreign attachment cases which conditioned the defendant’s right to appear and contest the merits of the plaintiff’s demand upon his first giving special bail or (as the rule was amended) a surety’s undertaking, and which was in force since colonial days, finding its origin in the Custom of London and its counterparts or analogues in procedure adopted by other colonies and states and familiar in the common law and admiralty, cannot be regarded as an arbitrary and unreasonable rule, violative of the due process clause of the Fourteenth Amendment (Del.Rev.Code, 1915, 4123, § 6). Pp. 102, 108.
2. Nor may the rule be adjudged obnoxious to due process in a particular case where, through exceptional misfortune, a defendant was unable to furnish the necessary security. P. 110.
3. One who acquires property in a state and departs must be presumed to have known and consented to such a rule of foreign attachment, already in force. P. 111.
4. A distinction made in foreign attachment cases between nonresident individuals and foreign corporations, requiring the individual to furnish special security before appearing and making defense but allowing the corporation to defend on the security of the attachment lien, held not a denial to individuals of equal protection of the law. P. 112.
5. The privileges and immunities referred to in the Fourteenth Amendment are such as owe their existence to the federal government, its national character, its Constitution, or its laws. P. 113.
30 Del. 297 affirmed.
The case is stated in the opinion, post, 98.
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Chicago: U.S. Supreme Court, "Syllabus," Ownbey v. Morgan, 256 U.S. 94 (1921) in 256 U.S. 94 256 U.S. 98. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=LV71VWQSZLRNL7W.
MLA: U.S. Supreme Court. "Syllabus." Ownbey v. Morgan, 256 U.S. 94 (1921), in 256 U.S. 94, page 256 U.S. 98. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LV71VWQSZLRNL7W.
Harvard: U.S. Supreme Court, 'Syllabus' in Ownbey v. Morgan, 256 U.S. 94 (1921). cited in 1921, 256 U.S. 94, pp.256 U.S. 98. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=LV71VWQSZLRNL7W.
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