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Mellon v. Weiss, 270 U.S. 565 (1926)
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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.
Mellon v. Weiss, 270 U.S. 565 (1926)
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Mellon v. Weiss No. 223 Argued March 19, 1926 Decided April 12, 1926 270 U.S. 565
CERTIORARI TO THE MUNICIPAL COURT
OF THE CITY OF BOSTON, MASSACHUSETTS
Syllabus
1. Substitution of the federal Agent as defendant in a suit erroneously brought against a railroad company on a cause of action for nondelivery of goods that arose during federal control is in effect the commencement of a new and independent proceeding. Davis v. Cohen Co., 268 U.S. 638. P. 567.
2. Therefore, the suit will be barred by a time limit in the bill of lading if the substitution be not made within that limit, dating from the arising of the cause of action. Id.
250 Mass. 12 reversed.
Certiorari to a judgment, entered upon direction of the Supreme Judicial Court of Massachusetts, adjudging damages to the plaintiff Weiss, as administrator, in a suit brought originally against the New York, New Haven & Hartford Railroad Company for nondelivery of a bale of rags. Davis, Director General of Railroads and Agent under the Transportation Act, was substituted as defendant below, and in this Court was succeeded by the petitioner Mellon.
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Chicago: U.S. Supreme Court, "Syllabus," Mellon v. Weiss, 270 U.S. 565 (1926) in 270 U.S. 565 270 U.S. 566. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Q4MLJVNN52VNWTL.
MLA: U.S. Supreme Court. "Syllabus." Mellon v. Weiss, 270 U.S. 565 (1926), in 270 U.S. 565, page 270 U.S. 566. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Q4MLJVNN52VNWTL.
Harvard: U.S. Supreme Court, 'Syllabus' in Mellon v. Weiss, 270 U.S. 565 (1926). cited in 1926, 270 U.S. 565, pp.270 U.S. 566. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Q4MLJVNN52VNWTL.
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