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Ex Parte Collins, 277 U.S. 565 (1928)
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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.
Ex Parte Collins, 277 U.S. 565 (1928)
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Ex Parte Collins No. ___ Original Motion submitted April 30, 1928 Decided June 4, 1928 277 U.S. 565
MOTION FOR LEAVE TO FILE PETITION FOR MANDAMUS
Syllabus
1. Leave to file a petition for mandamus to require a district judge to set aside an order refusing an interlocutory injunction and call in two other judges under Jud.Code, § 266, will be denied if it be clear that the case is not within that section. P. 566.
2. A suit by an abutting property owner to enjoin a city and its contractor from proceeding under a resolution or the paving of a street, upon the ground that general statutes of the state, which provide that the cost of such improvements hall be assessed against abutting property, contravene the due process clause of the Fourteenth Amendment in not affording the plaintiff a proper hearing, is not a suit to retrain "the enforcement, operation, or execution of a statute of a state" within Jud.Code, § 266. P. 567.
Motion denied.
On a motion for leave to file a petition for a writ of mandamus requiring a district judge to set aside an order refusing an interlocutory injunction and to call in two additional judges, under § 266 of the Judicial Code, in a suit by an abutting property owner to enjoin execution of a resolution for the paving of a city street.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Collins, 277 U.S. 565 (1928) in 277 U.S. 565 277 U.S. 566. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=QHM52Q8JXX8A8G8.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Collins, 277 U.S. 565 (1928), in 277 U.S. 565, page 277 U.S. 566. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QHM52Q8JXX8A8G8.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Collins, 277 U.S. 565 (1928). cited in 1928, 277 U.S. 565, pp.277 U.S. 566. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=QHM52Q8JXX8A8G8.
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