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Kirby v. United States, 260 U.S. 423 (1922)
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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.
Kirby v. United States, 260 U.S. 423 (1922)
Kirby v. United States No. 126 Argued November 27, 1922 Decided December 11, 1922 260 U.S. 423
ERROR TO THE CIRCUIT COURT OF APPEALS FOR
THE NINTH CIRCUIT
Syllabus
A lease of Indian land for cattle grazing, for two years at a minimum rental of $31,950 per year, provided that the number of cattle to be grazed should "be limited to an average of 9,000 head, the maximum number at any one time not to exceed 11,500 head," and that "any excess over and above such maximum number shall be paid for at the rate of $4.50 per head for each and every head of such excess number," in addition to the rental named.
Held, reading these with other provisions of the lease and with the written proposal therefor, and considering the subject matter,
(1) That the average of 9,000 head was for each year separately to be paid for by the minimum rental, and that the additional charge of $4.50 per head applied to all in excess of that average, and not merely to any excess over 11,500 head grazed at any one time. P. 425.
(2) The $4.50 charge was neither a penalty nor liquidated damages. P. 427.
(3) The act of one of the two lessees who was in charge of the leased area in admitting additional cattle to graze was the act of both. P. 427.
273 F. 391 affirmed.
Error to a judgment of the circuit court of appeals affirming a judgment recovered by the United States in the district court in an action for rent against two lessees and their surety.
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Chicago: U.S. Supreme Court, "Syllabus," Kirby v. United States, 260 U.S. 423 (1922) in 260 U.S. 423 260 U.S. 424. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=MUMZLECZL3BMT1K.
MLA: U.S. Supreme Court. "Syllabus." Kirby v. United States, 260 U.S. 423 (1922), in 260 U.S. 423, page 260 U.S. 424. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MUMZLECZL3BMT1K.
Harvard: U.S. Supreme Court, 'Syllabus' in Kirby v. United States, 260 U.S. 423 (1922). cited in 1922, 260 U.S. 423, pp.260 U.S. 424. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=MUMZLECZL3BMT1K.
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