Ebert v. Poston, 266 U.S. 548 (1925)
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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.
Ebert v. Poston, 266 U.S. 548 (1925)
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Ebert v. Poston No. 153 Argued December 12, 1924 »Decided January 12, 1925 266 U.S. 548
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF MICHIGAN
Syllabus
1. Subsections 2 and 3 of § 302 of the Soldier’s and Sailors’ Civil Relief Act of March 8, 1918, as amended September 3, 1919, which provide for stays of proceedings to foreclose mortgages whether, in court or in pais under powers of sale, are to be construed with § 101(2), defining "period of military service," and do not include proceedings taken prior to the passage of the act or prior to the commencement of the military service of the owner of the mortgaged property. P. 552.
2. Section 205 of this act, which provide
that the period of military service shall not be included in computing any period now or hereafter to be limited by any law for the bringing of any action by or against any person in military service, . . . whether such cause of action shall have accrued prior to or during the period of such service,
does not apply to a statutory right to redeem real estate, after foreclosure through advertisement and sale under a power of sale mortgage, by payment of the sum bid with interest and fees without resort to court proceedings. P. 553.
3. The judicial function in construing a statute is limited to ascertaining the intention of he legislature therein expressed. P. 554.
221 Mich. 361 reversed.
Certiorari to a decree of the Supreme Court of Michigan which reversed a decree dismissing a bill to redeem land from a foreclosure made by advertisement and sale at public vendue.
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Chicago: U.S. Supreme Court, "Syllabus," Ebert v. Poston, 266 U.S. 548 (1925) in 266 U.S. 548 266 U.S. 549. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=XDLSP6S1EFC5WUV.
MLA: U.S. Supreme Court. "Syllabus." Ebert v. Poston, 266 U.S. 548 (1925), in 266 U.S. 548, page 266 U.S. 549. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XDLSP6S1EFC5WUV.
Harvard: U.S. Supreme Court, 'Syllabus' in Ebert v. Poston, 266 U.S. 548 (1925). cited in 1925, 266 U.S. 548, pp.266 U.S. 549. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=XDLSP6S1EFC5WUV.
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