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Ex Parte Simons, 247 U.S. 231 (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.
Ex Parte Simons, 247 U.S. 231 (1918)
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Ex Parte Simons No. 26, Original Argued December 10, 1917 Rule absolute June 3, 1918 247 U.S. 231
PETITION FOR WRIT OF MANDAMUS
Syllabus
Plaintiff brought an action for damages in two counts against executors in the district court in New York, the first count alleging a promise of the testatrix to bequeath a certain sum in return for plaintiff’s services and the second her promise to pay their reasonable value. On motion, the first count was ordered transferred to the equity docket upon the ground that, by the law of New York, it could not be entertained at law. Held that this was an error, depriving plaintiff of the right of trial by jury, and properly rectified by mandamus.
Rule absolute.
The case is stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Ex Parte Simons, 247 U.S. 231 (1918) in 247 U.S. 231 247 U.S. 238. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=7BW7P93PF4CV6U3.
MLA:
U.S. Supreme Court. "Syllabus." Ex Parte Simons, 247 U.S. 231 (1918), in 247 U.S. 231, page 247 U.S. 238. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=7BW7P93PF4CV6U3.
Harvard:
U.S. Supreme Court, 'Syllabus' in Ex Parte Simons, 247 U.S. 231 (1918). cited in 1918, 247 U.S. 231, pp.247 U.S. 238. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=7BW7P93PF4CV6U3.
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