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Elliot v. Lombard, 292 U.S. 139 (1934)
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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.
Elliot v. Lombard, 292 U.S. 139 (1934)
Elliot v. Lombard No. 463 Argued March 6, 1934 Decided April 9, 1934 292 U.S. 139
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Read in connection with 28 U.S.C. § 754, and Admiralty Rules 5, 6, 11, and 12, under which a stipulation with surety was given by a claimant to release and stand as substitute for an attached vessel, a decree which awards damages to the libelant against the claimant alone, grants execution against both the claimant and surety if the award is not satisfied or an appeal taken within a time specified, and dismisses a cross-libel filed by the claimant -- held not a joint decree against the claimant and surety within the spirit of the rule requiring that, to appeal from a decree that is joint on the face of the record, both parties must join in the appeal or there must be a summons and severance. Hartford Accident & Ind. Co. v. Bunn, 285 U.S. 169, distinguished.
66 F.2d 662 reversed.
Certiorari, 290 U.S. 619, to review a decree dismissing an appeal in a suit in admiralty. The decree of the trial court was against claimant and surety. The court below had declined to permit the surety to join in the claimant’s appeal after the time for appeal had expired.
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Chicago: U.S. Supreme Court, "Syllabus," Elliot v. Lombard, 292 U.S. 139 (1934) in 292 U.S. 139 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MG381W6ISWLEVIZ.
MLA: U.S. Supreme Court. "Syllabus." Elliot v. Lombard, 292 U.S. 139 (1934), in 292 U.S. 139, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MG381W6ISWLEVIZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Elliot v. Lombard, 292 U.S. 139 (1934). cited in 1934, 292 U.S. 139. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MG381W6ISWLEVIZ.
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