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McMaster v. Gould, 276 U.S. 284 (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.
McMaster v. Gould, 276 U.S. 284 (1928)
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McMaster v. Gould No. 85 Argued October 28, 1927 Decided March 5, 1928 276 U.S. 284
CERTIORARI TO THE SUPREME COURT OF NEW YORK
Syllabus
By the law of New York (Civ.Pr.Act. § 588), appeals from judgments of the Supreme Court, Appellate Division, which finally determine actions or special proceedings may be taken to the Court of Appeals as of right in certain cases, and in others may be allowed upon application, by the Appellate Division or, in case of refusal, by the Court of Appeals; but if an appeal which is not of right be taken without such leave, it must be dismissed. Petitioners, having been refused leave by the Appellate Division, sued out an appeal which was dismissed by the Court of Appeals without opinion.
Held, that the dismissal must be taken as a holding that the case was not appealable of right, and that, since the petitioners had omitted to apply for leave to the Court of Appeals, the judgment of the Appellate Division was not that of the highest court of the state in which a decision could be had, and the writ of certiorari must therefore be dismissed. P. 286.
Dismissed.
Certiorari, 273 U.S. 677, to the Supreme Court of New York, Appellate Division, 215 App.Div. 871, to review a judgment affirming a refusal to make an order of substitution.
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Chicago: U.S. Supreme Court, "Syllabus," McMaster v. Gould, 276 U.S. 284 (1928) in 276 U.S. 284 276 U.S. 285. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VGN9XHP95U88KUT.
MLA: U.S. Supreme Court. "Syllabus." McMaster v. Gould, 276 U.S. 284 (1928), in 276 U.S. 284, page 276 U.S. 285. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VGN9XHP95U88KUT.
Harvard: U.S. Supreme Court, 'Syllabus' in McMaster v. Gould, 276 U.S. 284 (1928). cited in 1928, 276 U.S. 284, pp.276 U.S. 285. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VGN9XHP95U88KUT.
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