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Lamb v. Schmitt, 285 U.S. 222 (1932)
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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.
Lamb v. Schmitt, 285 U.S. 222 (1932)
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Lamb v. Schmitt No. 433 Argued February 1, 1932 Decided March 14, 1932 285 U.S. 222
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. The general rule that witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service of process in another, is founded not upon the convenience of the individuals, but upon that of the court. P. 225.
2. The privilege should not be enlarged beyond the reason upon which it is founded, and should be extended or withheld as judicial necessities require. Id.
3. A nonresident attorney, attending the federal court as counsel for a defendant in a suit over property, is not exempt from service under a supplemental bill the purpose of which is to require him to restore to the court, in order that it may be subjected to a decree in the main suit favorable to the plaintiff, a part of the fund in controversy which was transferred to him by his client while the main suit was pending. P. 226.
4. The question of immunity s to be determined by the nature of the proceeding in which service on the attorney is made, and its relation to the principal suit, as disclosed by the pleadings. P. 228.
48 F.2d 533 affirmed.
Certiorari, 284 U.S. 609, to review a decree reversing an order quashing service of a subpoena to answer a supplemental bill.
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Chicago: U.S. Supreme Court, "Syllabus," Lamb v. Schmitt, 285 U.S. 222 (1932) in 285 U.S. 222 285 U.S. 223–285 U.S. 224. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=QZB4Y1I48516FG8.
MLA: U.S. Supreme Court. "Syllabus." Lamb v. Schmitt, 285 U.S. 222 (1932), in 285 U.S. 222, pp. 285 U.S. 223–285 U.S. 224. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QZB4Y1I48516FG8.
Harvard: U.S. Supreme Court, 'Syllabus' in Lamb v. Schmitt, 285 U.S. 222 (1932). cited in 1932, 285 U.S. 222, pp.285 U.S. 223–285 U.S. 224. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=QZB4Y1I48516FG8.
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