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Friederichsen v. Renard, 247 U.S. 207 (1918)
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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.
Friederichsen v. Renard, 247 U.S. 207 (1918)
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Friederichsen v. Renard No. 270 Argued April 25, 26, 1918 Decided May 20, 1918 247 U.S. 207
CERTIORARI TO THE CIRCUIT COURT OF APPEAL
FOR THE EIGHTH CIRCUIT
Syllabus
Plaintiff, having been defrauded in an exchange of lands, sued in the district court to annul his contract and deed and for incidental damages. The court finding that, by acts of ownership, he had affirmed the contract, by its order, under Equity Rule 22, transferred the case to the law side as an action for damages for the deceit, and the bill was amended accordingly, but with no substantial change in the allegations of fraud. Meanwhile, the period of the statute of limitations had expired.
Held:
(1) That the amendment did not change the cause of action and did not constitute the beginning of a new case.
(2) That, since the money relief prayed in the amended petition could properly have been sought as alternative relief in the original bill in equity, and since the transfer to the law side was made upon order of the court in the exercise of its discretion, plaintiff could not be held to have made such an election of inconsistent remedies as would let in the defense of limitations against the amended demand.
231 F. 882 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Friederichsen v. Renard, 247 U.S. 207 (1918) in 247 U.S. 207 247 U.S. 208. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YANPYRHXNMNP28I.
MLA: U.S. Supreme Court. "Syllabus." Friederichsen v. Renard, 247 U.S. 207 (1918), in 247 U.S. 207, page 247 U.S. 208. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YANPYRHXNMNP28I.
Harvard: U.S. Supreme Court, 'Syllabus' in Friederichsen v. Renard, 247 U.S. 207 (1918). cited in 1918, 247 U.S. 207, pp.247 U.S. 208. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YANPYRHXNMNP28I.
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