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United States v. Shaw, 309 U.S. 495 (1940)
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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. Shaw, 309 U.S. 495 (1940)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 309 U.S. 485, click here.
United States v. Shaw No. 570 Argued February 27, 1940 Decided March 25, 1940 309 U.S. 495
CERTIORARI TO THE SUPREME COURT OF MICHIGAN
Syllabus
1. A suit against the United States may be brought only with consent given, and in the courts designated, by statute. P. 500.
2. The United States, by filing a claim against an estate in a state probate proceeding, does not subject itself to a binding, though not enforceable, ascertainment and allowance of a cross-claim against itself in excess of set-off. The Thekla, 266 U.S. 328, distinguished. Pp. 501-504.
3. By taking over the assets of the Fleet Corporation and assuming its obligations, the United States did not waive its immunity from suit in a state court on a counterclaim based on the corporation’s breach of contract. P. 505.
290 Mich. 311, 287 N.W. 477, reversed.
Certiorari, 308 U.S. 548, to review the affirmance of a decree in probate holding the United States indebted to a decedent’s estate on a counterclaim.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Shaw, 309 U.S. 495 (1940) in 309 U.S. 495 309 U.S. 497. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=QNBQNI4VK5DJM4S.
MLA: U.S. Supreme Court. "Syllabus." United States v. Shaw, 309 U.S. 495 (1940), in 309 U.S. 495, page 309 U.S. 497. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QNBQNI4VK5DJM4S.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Shaw, 309 U.S. 495 (1940). cited in 1940, 309 U.S. 495, pp.309 U.S. 497. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=QNBQNI4VK5DJM4S.
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