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Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924)
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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.
Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924)
Peoria & Pekin Union Railway Company v. United States No. 318 Argued November 20, 21, 1923 Decided January 7, 1924 263 U.S. 528
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Syllabus
1. The authority conferred upon the Interstate Commerce Commission by the Transportation Act, 1920, to issue orders without notice or hearing, in certain classes of cases, if it finds that an emergency exists, does not sustain an order, so issued, requiring a terminal carrier to switch, by its own engines and over its own tracks, freight cars tendered by or for another connecting carrier. P. 532.
2. The provision of the Act of October 22, 1913, that suit to set aside an order of the Commission shall be brought in the district of the residence of the party on whose petition the order was made relates to venue, not to jurisdiction of the subject matter, and objection that the suit is in another district will be waived if not made in the trial court. P. 535.
3. In a suit of that kind wherein the district court overruled an objection by the United States to the venue, but refused a temporary injunction, and the plaintiff appealed, held that the right of the United States to insist upon its objection was lost by its failure to take a cross-appeal. Id.
Reversed.
Appeal from a decree of the district court refusing a temporary injunction in an action to set aside an order of the Interstate Commerce Commission.
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Chicago: U.S. Supreme Court, "Syllabus," Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924) in 263 U.S. 528 263 U.S. 530. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SM45MRXKBXQ5T53.
MLA: U.S. Supreme Court. "Syllabus." Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924), in 263 U.S. 528, page 263 U.S. 530. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SM45MRXKBXQ5T53.
Harvard: U.S. Supreme Court, 'Syllabus' in Peoria & Pekin Union Ry. Co. v. United States, 263 U.S. 528 (1924). cited in 1924, 263 U.S. 528, pp.263 U.S. 530. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SM45MRXKBXQ5T53.
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