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McCloskey v. McGrath, 341 U.S. 475 (1951)
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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.
McCloskey v. McGrath, 341 U.S. 475 (1951)
McCloskey v. McGrath No. 324 Argued February 28, 1951 Decided May 28, 1951 341 U.S. 475
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner is the sheriff who levied the attachments against accounts of German nationals "frozen" under Executive Orders Nos. 8785 and 8389, which were involved in the two preceding decisions (Zittman. v. McGrath, ante pp. 446, 471). His claim for his fees was denied by the courts below incidentally to their denial of the rights asserted by the attaching creditors.
Held: the judgment is reversed insofar as the fees of the sheriff relate to the accounts to which the Custodian was held not entitled to possession, and affirmed insofar as they relate to the accounts to which the Custodian was held entitled to possession -- without prejudice to certain rights of the sheriff as indicated in the opinion. Pp. 475-478.
182 F.2d 349, affirmed in part and reversed in part.
Petitioner’s claim to his fees as sheriff were denied by the courts below incidentally to the denial of the rights asserted by the attaching creditors. 82 F.Supp. 740; 182 F.2d 349. This Court granted certiorari. 340 U.S. 882. Reversed in part and affirmed in part, p. 478.
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Chicago:
U.S. Supreme Court, "Syllabus," McCloskey v. McGrath, 341 U.S. 475 (1951) in 341 U.S. 475 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=5PGX3F41W8QV27L.
MLA:
U.S. Supreme Court. "Syllabus." McCloskey v. McGrath, 341 U.S. 475 (1951), in 341 U.S. 475, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=5PGX3F41W8QV27L.
Harvard:
U.S. Supreme Court, 'Syllabus' in McCloskey v. McGrath, 341 U.S. 475 (1951). cited in 1951, 341 U.S. 475. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=5PGX3F41W8QV27L.
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