Union Trust Co. Of St. Louis v. Westhus, 228 U.S. 519 (1913)
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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.
Union Trust Co. Of St. Louis v. Westhus, 228 U.S. 519 (1913)
Union Trust Co. of St. Louis v. Westhus No. 4 Argued November 8, 11, 1912 Decided May 5, 1913 228 U.S. 519
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF MISSOURI
Syllabus
By the distribution of power made by the Circuit Court of Appeals Act of 1891, and now embodied in the Judicial Code of 1911, this Court has no jurisdiction to review a judgment or decree of the circuit court of appeals otherwise than by proceedings addressed directly to that court in a cause which is susceptible of being renewed.
That which can only be done by direct action cannot be done by indirection.
In a case in which on the original pleadings the judgment of the circuit court of appeals would not have been reviewable by this Court, plaintiff recovered in the circuit court and on appeal the circuit court of appeals reversed and remanded for new trial, with an opinion adverse to all of plaintiff’s contentions; plaintiff in the Circuit Court amended by adding an allegation denying due process of law, and elected not to plead further after demurrer sustained and took a direct writ of error to this Court basing it on the constitutional question, and claiming that in this Court all other questions could also be passed on.
Held that this Court will not in this indirect manner attempt to review a judgment of the circuit court of appeals which it otherwise has not jurisdiction to review.
This Court is scrupulous to keep within its jurisdiction, and if the record does not show that the circuit court of appeals has already passed on questions in the case, it will order the deficiency supplied by directing the court below to certify all the papers in the case.
The facts, which involve the jurisdiction of this Court directly to review the judgment of the circuit court, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Union Trust Co. Of St. Louis v. Westhus, 228 U.S. 519 (1913) in 228 U.S. 519 228 U.S. 520. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=THHFNP2WP23JMKH.
MLA: U.S. Supreme Court. "Syllabus." Union Trust Co. Of St. Louis v. Westhus, 228 U.S. 519 (1913), in 228 U.S. 519, page 228 U.S. 520. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=THHFNP2WP23JMKH.
Harvard: U.S. Supreme Court, 'Syllabus' in Union Trust Co. Of St. Louis v. Westhus, 228 U.S. 519 (1913). cited in 1913, 228 U.S. 519, pp.228 U.S. 520. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=THHFNP2WP23JMKH.
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