|
|
Miner v. Atlass, 363 U.S. 641 (1960)
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.
Miner v. Atlass, 363 U.S. 641 (1960)
Miner v. Atlass No. 156 Argued March 3, 1960 Decided June 20, 1960 363 U.S. 641
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
A Federal District Court sitting in admiralty has no power to order the taking of oral depositions for the purpose of discovery only, and Rule 32 of the Admiralty Rules of the District Court for the Northern District of Illinois, purporting to authorize the taking of such depositions, is invalid for want of authority in the District Court to promulgate it. Pp. 641-652.
(a) A court of admiralty has no inherent power, independent of any statute or rule, to order the taking of depositions for the purpose of discovery. Pp. 643-644.
(b) Rule 32C of this Court’s General Admiralty Rules does not impliedly empower a district judge to order the taking of such depositions. Pp. 644-646.
(c) Rule 32 of the District Court’s Admiralty Rules is not a valid exercise of its power to regulate local practice, conferred by Rule 44 of the General Admiralty Rules. Pp. 646-652.
265 F.2d 312 affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Miner v. Atlass, 363 U.S. 641 (1960) in 363 U.S. 641 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=WVV32A1HKQ2VTT3.
MLA: U.S. Supreme Court. "Syllabus." Miner v. Atlass, 363 U.S. 641 (1960), in 363 U.S. 641, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WVV32A1HKQ2VTT3.
Harvard: U.S. Supreme Court, 'Syllabus' in Miner v. Atlass, 363 U.S. 641 (1960). cited in 1960, 363 U.S. 641. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=WVV32A1HKQ2VTT3.
|