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Orvis v. Brownell, 345 U.S. 183 (1953)
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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.
Orvis v. Brownell, 345 U.S. 183 (1953)
Orvis v. Brownell No. 404 Argued February 4, 1953 Decided March 16, 1953 345 U.S. 183
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
After Executive Order No. 8389, issued pursuant to the Trading with the Enemy Act, became effective as to Japan, blocking all transfers of evidences of debt or interests in property of Japanese citizens, petitioners commenced a suit in a New York state court against Japanese debtors. Without obtaining a license therefor, petitioners attached a credit owed the Japanese debtors by a third party, and obtained judgment. Thereafter, the Custodian vested the credit by a res vesting order, and it was paid over to the Custodian.
Held: by their unlicensed attachment, petitioners obtained no "interest, right, or title" recoverable against the Custodian in a proceeding under § 9(a) of the Act. Pp. 184-189.
(a) The freezing order, while permitting an attachment for jurisdictional and other state law purposes, prevented the subsequent acquisition of a lien which would bind the Custodian under § 9(a). Pp. 184-189.
(b) The Custodian may proceed to administer the vested assets according to § 34 of the Act and to consider petitioners’ claim and its status thereunder, subject to the review therein provided. Pp. 188-189.
198 F.2d 708 affirmed.
The District Court granted petitioners’ motion for judgment on the pleadings in a suit against the Custodian under § 9(a) of the Trading with the Enemy Act. The Court of Appeals reversed. 198 F.2d 708. This Court granted certiorari. 344 U.S. 902. At the time of the argument, February 4, 1953, Brownell, present Attorney General, was substituted as respondent for McGranery, former Attorney General. Affirmed, p. 189.
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Chicago: U.S. Supreme Court, "Syllabus," Orvis v. Brownell, 345 U.S. 183 (1953) in 345 U.S. 183 345 U.S. 184. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=STT4NCPHFX2IW1S.
MLA: U.S. Supreme Court. "Syllabus." Orvis v. Brownell, 345 U.S. 183 (1953), in 345 U.S. 183, page 345 U.S. 184. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=STT4NCPHFX2IW1S.
Harvard: U.S. Supreme Court, 'Syllabus' in Orvis v. Brownell, 345 U.S. 183 (1953). cited in 1953, 345 U.S. 183, pp.345 U.S. 184. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=STT4NCPHFX2IW1S.
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