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Munroe v. Raphael, 288 U.S. 485 (1933)
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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.
Munroe v. Raphael, 288 U.S. 485 (1933)
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Munroe v. Raphael No. 407 Argued February 7, 1933 Decided March 13, 1933 288 U.S. 485
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
In a suit in the District Court to turn assets to account of all creditors ratably, the receiver, by leave of court, sold all the assets, taking in lieu the purchaser’s agreement to pay a specified percent of all proved claims, secured by his bond running to the United States. The purchaser having defaulted, one of the creditors, who had proved his claim, obtained leave of the federal court to sue the obligors on the bond for the agreed percentage of his claim, in a state court, and brought suit accordingly in the name of the United States and obtained an attachment of the obligor’s property, and ultimately a judgment. The receiver meanwhile, by an ancillary bill in the federal court, sought to collect the entire amount of the bond for the benefit of all the creditors.
Held:
1. That the bond took the place of and represented the estate for distribution by the federal court. P. 488.
2. By granting the single creditor leave to sue on the bond in the state court, the federal court did not part with its jurisdiction over him or the subject matter. P. 489.
3. An order of the federal court restraining further prosecution of the suit in the state court was a lawful exercise of its jurisdiction. P. 489.
60 F.2d 16 reversed.
Certiorari, 287 U.S. 591, to review the reversal of an order of the federal court in a receivership proceeding which rescinded permission previously granted a creditor to sue in a state court and enjoined further prosecution of the suit.
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Chicago: U.S. Supreme Court, "Syllabus," Munroe v. Raphael, 288 U.S. 485 (1933) in 288 U.S. 485 288 U.S. 486. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZJQF3ZS1GIHNFMV.
MLA: U.S. Supreme Court. "Syllabus." Munroe v. Raphael, 288 U.S. 485 (1933), in 288 U.S. 485, page 288 U.S. 486. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZJQF3ZS1GIHNFMV.
Harvard: U.S. Supreme Court, 'Syllabus' in Munroe v. Raphael, 288 U.S. 485 (1933). cited in 1933, 288 U.S. 485, pp.288 U.S. 486. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZJQF3ZS1GIHNFMV.
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