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United States v. Emory, 314 U.S. 423 (1941)
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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.
United States v. Emory, 314 U.S. 423 (1941)
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United States v. Emory No. 33 Argued November 10, 1941 Decided December 15, 1941 314 U.S. 423
CERTIORARI TO THE SPRINGFIELD
COURT OF APPEALS OF MISSOURI
Syllabus
1. The priority established by R.S. § 3466 for debts due to the United States in cases in which "an act of bankruptcy is committed" is applicable where, upon a creditor’s petition, a receiver has been appointed to liquidate the assets of an insolvent corporation. P. 426.
2. The purpose of R.S. § 3466 is to secure adequate public revenues to sustain the public burden, and it is to be construed liberally in order to effectuate that purpose. P. 426.
3. In an equity receivership proceeding in a state court, a claim of the United States arising under the National Housing Act is entitled, under R.S. § 3466, to priority over claims for wages. P. 426.
4. The right of the United States to priority in such case is not affected by state law, nor by § 64a of the Bankruptcy Act; nor is it inconsistent with the National Housing Act. Pp. 427-429.
143 S.W.2d 318 reversed.
Certiorari, 313 U.S. 552, to review a judgment denying a claim of the United States to priority. The judgment of the state court of first instance was affirmed by the Springfield Court of Appeals, and the Supreme Court of Missouri denied a petition for certiorari.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Emory, 314 U.S. 423 (1941) in 314 U.S. 423 314 U.S. 424. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MRTCFGLYPN11T5L.
MLA: U.S. Supreme Court. "Syllabus." United States v. Emory, 314 U.S. 423 (1941), in 314 U.S. 423, page 314 U.S. 424. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MRTCFGLYPN11T5L.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Emory, 314 U.S. 423 (1941). cited in 1941, 314 U.S. 423, pp.314 U.S. 424. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MRTCFGLYPN11T5L.
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