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Ex Parte Public National Bank, 278 U.S. 101 (1928)
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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.
Ex Parte Public National Bank, 278 U.S. 101 (1928)
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Ex Parte Public National Bank No. 16 Original Argued October 29, 1928 Decided November 19, 1928 278 U.S. 101
ON PETITION FOR A WRIT OF MANDAMUS
Syllabus
1. Section 266 of the Judicial Code, which provides that no injunction restraining the enforcement of any statute of a state by restraining the action "of any officer of such state" in the enforcement of such statute shall be granted upon the ground of unconstitutionality of such statute, except upon a hearing and determination by a court composed of three judges, does not apply where the action sought to be enjoined is that of a municipal officer in performance of local, as distinguished from state, functions. P. 103.
2. A case has not the force of a precedent on a question which, though existent in the record, was not raised or considered by the court. P. 105.
Rule discharged.
Upon return to a rule issued by this Court to three judges who had convened as a district court under Jud.Code, § 266, in an injunction suit, but had dissolved of their own motion in the belief that the suit was not within that section. The rule called upon them to show cause why a writ of mandamus should not issue requiring them to reconvene and proceed with the suit.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Public National Bank, 278 U.S. 101 (1928) in 278 U.S. 101 278 U.S. 102. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TS2HDWNWI87T67G.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Public National Bank, 278 U.S. 101 (1928), in 278 U.S. 101, page 278 U.S. 102. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TS2HDWNWI87T67G.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Public National Bank, 278 U.S. 101 (1928). cited in 1928, 278 U.S. 101, pp.278 U.S. 102. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TS2HDWNWI87T67G.
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