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Cunningham v. Rodgers, 257 U.S. 466 (1922)
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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.
Cunningham v. Rodgers, 257 U.S. 466 (1922)
Cunningham v. Rodgers No. 42 Argued October 17, 18, 1921 Decided January 3, 1922 257 U.S. 466
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. An action against a consul general upon his official bond (Rev.Stats., § 1697, as amended) for damage caused by his failure to perform his official duties touching the personal property of a decedent cannot be maintained by one who is not the personal representative, but merely a possible owner of a share of the decedent’s estate. P. 468.
2. A declaration alleging that an American citizen, dying in China, left valuable real estate standing in his name in the land records of the United States Consulate at Shanghai, and that the consul general there, despite his duly to conserve the decedent’s estate, caused one to whom he had illegally granted alleged letters testamentary to convey it to a third party without consideration, although the deceased had not devised it, and that such assumption of jurisdiction on the part of the said consul general, though illegal and void, had the effect of dissipating a valuable part of the estate to the consequent loss of the decedent’s brother, the plaintiff, states no cause of action against the consul general on his official bond. P. 468.
50 App.D.C. 51, 267 F. 609, affirmed.
Error to a judgment of the court below affirming a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action for debt and dismissing the action.
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Chicago: U.S. Supreme Court, "Syllabus," Cunningham v. Rodgers, 257 U.S. 466 (1922) in 257 U.S. 466 257 U.S. 467. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=WUEU45ZZSUIHBWL.
MLA: U.S. Supreme Court. "Syllabus." Cunningham v. Rodgers, 257 U.S. 466 (1922), in 257 U.S. 466, page 257 U.S. 467. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WUEU45ZZSUIHBWL.
Harvard: U.S. Supreme Court, 'Syllabus' in Cunningham v. Rodgers, 257 U.S. 466 (1922). cited in 1922, 257 U.S. 466, pp.257 U.S. 467. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=WUEU45ZZSUIHBWL.
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