|
|
Public Service Co. v. Corboy, 250 U.S. 153 (1919)
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.
Public Service Co. v. Corboy, 250 U.S. 153 (1919)
Public Service Company of Northern Illinois v. Corboy No. 258 Argued March 20, 1919 Decided June 2, 1919 250 U.S. 153
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF INDIANA
Syllabus
The district court has jurisdiction over a suit to enjoin a state officer, acting under color of his official authority, from executing a state law in alleged violation of constitutional rights, even though such injunction may, in effect, render the law inoperative until the constitutional question has been judicially determined. P. 159.
Section 265 of the Judicial Code, forbidding the granting of injunctions by courts of the United States to stay proceedings in any state court except when authorized in bankruptcy cases, refers only to proceedings in which a final judgment or order has not been entered and in which the power exerted is judicial, as distinguished by the Constitution from powers legislative and executive. Id.
Where a state law empowers a court, on petition made and on notice to property owners, to establish drainage districts, assess benefits, and appoint commissioners to carry on the work under the court’s supervision, a suit in the district court by a resident of another state, not a party to such a proceeding, to enjoin the commissioner so appointed from constructing a ditch so authorized upon the ground that it would impair plaintiff’s constitutional rights in a stream in its residence without due process of law is not inhibited by Jud.Code § 265. Id.
Questions of comity and of the sufficiency of the plaintiff’s averments to justify relief are not before this Court on a direct appeal involving only the jurisdiction of the district court. P. 162.
Reversed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Public Service Co. v. Corboy, 250 U.S. 153 (1919) in 250 U.S. 153 250 U.S. 157. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XLBQVP4F7TMAS2J.
MLA: U.S. Supreme Court. "Syllabus." Public Service Co. v. Corboy, 250 U.S. 153 (1919), in 250 U.S. 153, page 250 U.S. 157. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XLBQVP4F7TMAS2J.
Harvard: U.S. Supreme Court, 'Syllabus' in Public Service Co. v. Corboy, 250 U.S. 153 (1919). cited in 1919, 250 U.S. 153, pp.250 U.S. 157. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XLBQVP4F7TMAS2J.
|