|
|
Zittman v. McGrath, 341 U.S. 471 (1951)
Contents:
Show Summary
Hide Summary
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.
Zittman v. McGrath, 341 U.S. 471 (1951)
Zittman v. McGrath No. 299 Argued February 28, 1951 Decided May 28, 1951 341 U.S. 471
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
After "transfers" of assets of German nationals had been forbidden by Executive Orders issued pursuant to the Trading with the Enemy Act, petitioners, American holders of claims against a German bank, levied attachments on accounts of the debtor in a New York bank and prosecuted the claims to judgments in New York state courts. The Alien Property Custodian served on the New York bank Vesting Orders and also a "turnover directive" requiring that all funds in the accounts be turned over to him "to be held, administered, and accounted for as provided by law." In an action in the Federal District Court, the Custodian sought a declaratory judgment that he is "entitled to possession" of the funds in the accounts.
Held: the Custodian is entitled to possession of the funds and to administer them. Zittman v. McGrath, ante, p. 446, distinguished. Pp. 472-474.
182 F.2d 349 affirmed.
In declaratory judgment actions against petitioners by the Alien Property Custodian, the District Court granted the relief sought. 82 F.Supp. 740. The Court of Appeals affirmed. 182 F.2d 349. This Court granted certiorari. 340 U.S. 882. Affirmed, p. 474.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Zittman v. McGrath, 341 U.S. 471 (1951) in 341 U.S. 471 341 U.S. 472. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WIGUCH82M4STQ47.
MLA: U.S. Supreme Court. "Syllabus." Zittman v. McGrath, 341 U.S. 471 (1951), in 341 U.S. 471, page 341 U.S. 472. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WIGUCH82M4STQ47.
Harvard: U.S. Supreme Court, 'Syllabus' in Zittman v. McGrath, 341 U.S. 471 (1951). cited in 1951, 341 U.S. 471, pp.341 U.S. 472. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WIGUCH82M4STQ47.
|