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Western Elec. Supply Co. v. Abbeville Elec. Co., 197 U.S. 299 (1905)
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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.
Western Elec. Supply Co. v. Abbeville Elec. Co., 197 U.S. 299 (1905)
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Western Electrical Supply Company v. Abbeville Electric Light & Power Company No. 178 Argued March 14, 1905 Decided April 3, 1905 197 U.S. 299
ERROR TO THE SUPREME COURT
OF THE STATE OF SOUTH CAROLINA
Syllabus
A foreign corporation sued in a state court appeared specially and objected to the jurisdiction on the sole ground that the person served was not its agent within the meaning of the state statute; the lower court sustained the objection, but on plaintiff’s appeal, the highest court of the state held the service good; defendant then demurred on the ground that the statute as to service on foreign corporations was violative of the federal Constitution; on second appeal after the demurrer had been overruled and there had been judgment for plaintiff on the merits, the highest court of the state declined to consider the constitutionality of the statute on the ground that the question of jurisdiction had been settled on the first appeal. Held that the writ of error must be dismissed. Had the objection been raised in the first instance and disposed of on plaintiff’s appeal, the adherence by the state court on defendant’s appeal to its prior adjudication might not have cut off consideration of the federal question, but as it was not so raised, and a the state court could in its discretion consider it as coming too late and refuse to pass upon it, the jurisdiction of this Court cannot be maintained.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Western Elec. Supply Co. v. Abbeville Elec. Co., 197 U.S. 299 (1905) in 197 U.S. 299 197 U.S. 300–197 U.S. 301. Original Sources, accessed June 17, 2025, http://www.originalsources.com/Document.aspx?DocID=NBSVFMU2IXTEHCN.
MLA:
U.S. Supreme Court. "Syllabus." Western Elec. Supply Co. v. Abbeville Elec. Co., 197 U.S. 299 (1905), in 197 U.S. 299, pp. 197 U.S. 300–197 U.S. 301. Original Sources. 17 Jun. 2025. http://www.originalsources.com/Document.aspx?DocID=NBSVFMU2IXTEHCN.
Harvard:
U.S. Supreme Court, 'Syllabus' in Western Elec. Supply Co. v. Abbeville Elec. Co., 197 U.S. 299 (1905). cited in 1905, 197 U.S. 299, pp.197 U.S. 300–197 U.S. 301. Original Sources, retrieved 17 June 2025, from http://www.originalsources.com/Document.aspx?DocID=NBSVFMU2IXTEHCN.
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