|
|
Ex Parte Williams, 277 U.S. 267 (1928)
Contents:
Show Summary
Hide Summary
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 Williams, 277 U.S. 267 (1928)
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 277 U.S. 258, click here.
Ex Parte Williams No. 16, Original Return to Rule submitted April 9, 1928 Decided May 21, 1928 277 U.S. 267
PETITION FOR A WRIT OF MANDAMUS
Syllabus
1. A refusal of a district judge to call in two other judges for the final hearing of a case governed by Jud.Code § 266, as amended, is remediable in this Court by a writ of mandamus. P. 269.
2. A case does not fall within Jud.Code § 266 unless a statute, or an order of an administrative board or commission, is challenged as contrary to the federal Constitution. P. 271.
3. An assessment of railroad property for taxation, made by a state board, is not an "order" within the meaning of Jud.Code § 266, and therefore, in a suit to enjoin collection of taxes under it upon the ground of systematic and intentional discrimination against plaintiff by the board in making the assessment, the application for a preliminary injunction may be heard by a single judge. P. 271.
4. Under Jud.Code § 266, as amended February 13, 1925, the final hearing is not required to be before three judges unless the application for an interlocutory injunction was required to be. P. 273.
Rule discharged.
Upon a return submitted by District Judge Woodrough in answer to a rule to show cause why a writ of mandamus should not issue requiring him to call in two other judges for the final hearing of an injunction suit. Williams, the Tax Commissioner of Nebraska, and seventy-one county treasurers were the petitioners for the writ.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Williams, 277 U.S. 267 (1928) in 277 U.S. 267 277 U.S. 268. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RFQ5P1J3LPMJU92.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Williams, 277 U.S. 267 (1928), in 277 U.S. 267, page 277 U.S. 268. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RFQ5P1J3LPMJU92.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Williams, 277 U.S. 267 (1928). cited in 1928, 277 U.S. 267, pp.277 U.S. 268. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RFQ5P1J3LPMJU92.
|