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Ex Parte Park & Tilford, 245 U.S. 82 (1917)
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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 Park & Tilford, 245 U.S. 82 (1917)
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Ex Parte Park & Tilford No. 24, Original Argued October 15, 16, 1917 Rule discharged November 5, 1917 245 U.S. 82
PETITION FOR WRIT OF MANDAMUS
Syllabus
Mandamus will not issue from this Court to compel a subordinate court to make a particular decision. The jurisdiction of this Court in that regard is no greater in a case in which the lower court’s decision is by law made final than in those in which decisions are reviewable in the ordinary ways.
The Court of Customs Appeals decided that, under the last clause of paragraph I, § 3, of the Tariff Act of 1913, c. 16, 38 Stat. 114, 184, the collector was required to assess certain goods upon their entered value unless directed otherwise by the Secretary of the Treasury, and that the Secretary’s refusal to give a contrary direction was discretionary, and not reviewable by the Board of General Appraisers or by the Court of Customs Appeals, and, upon these grounds, affirmed the Board’s decision. Held that the court had taken jurisdiction and decided the case upon its merit, and that mandamus would not lie to compel it to inquire into and pass upon the Secretary’s refusal.
Rule discharged.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Park & Tilford, 245 U.S. 82 (1917) in 245 U.S. 82 245 U.S. 83. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=WLP43SWCUU6I6LN.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Park & Tilford, 245 U.S. 82 (1917), in 245 U.S. 82, page 245 U.S. 83. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WLP43SWCUU6I6LN.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Park & Tilford, 245 U.S. 82 (1917). cited in 1917, 245 U.S. 82, pp.245 U.S. 83. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=WLP43SWCUU6I6LN.
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