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Hutchins v. Munn, 209 U.S. 246 (1908)
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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.
Hutchins v. Munn, 209 U.S. 246 (1908)
Hutchins v. Munn No. 163 Argued March 10, 1908 Decided March 23, 1908 209 U.S. 246
APPEAL FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
The measure of protection to be given by the undertaking required on issuing a restraining order under § 718, Rev.Stat., is to make good the injuries inflicted upon a party observing the order until it is dissolved, and such undertaking inures to the benefit of a defendant suffering injuries irrespective of the exact time when that party has knowledge of the pendency of the action or appears therein; nor is this protection denied because the only defendant sustaining injuries is a woman and the undertaking is to make good "to the defendant all damages by him suffered."
Findings of an auditor assessing damage on an undertaking should not be set aside by the court unless there has been an error of law or a conclusion of fact unwarranted by the evidence.
The owner of a house in Washington, D.C., who was prevented by a restraining order from completing alterations during the winter months, the house meanwhile being only partially habitable, was held, in this case, to have lost the entire use of the house, and to be entitled to recover on the undertaking the reasonable rental value of the house for the season.
28 App.D.C. 271 affirmed.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Hutchins v. Munn, 209 U.S. 246 (1908) in 209 U.S. 246 Original Sources, accessed September 6, 2025, http://www.originalsources.com/Document.aspx?DocID=NQ7VMS6Y3ME5N6Z.
MLA:
U.S. Supreme Court. "Syllabus." Hutchins v. Munn, 209 U.S. 246 (1908), in 209 U.S. 246, Original Sources. 6 Sep. 2025. http://www.originalsources.com/Document.aspx?DocID=NQ7VMS6Y3ME5N6Z.
Harvard:
U.S. Supreme Court, 'Syllabus' in Hutchins v. Munn, 209 U.S. 246 (1908). cited in 1908, 209 U.S. 246. Original Sources, retrieved 6 September 2025, from http://www.originalsources.com/Document.aspx?DocID=NQ7VMS6Y3ME5N6Z.
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