|
|
United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927)
Contents:
Show Summary
Hide Summary
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.
United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927)
United States v. Gettinger & Pomerantz No. 537 Argued November 30, 1926 Decided January 3, 1927 272 U.S. 734
ERROR TO THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
Syllabus
1. The District Court is without jurisdiction of an action to recover from the United States the amount of a fine imposed on the plaintiffs, and paid under protest, under a penal statute afterward adjudged by this Court to be unconstitutional. P. 735.
2. The payment of such fine under a plea of nolo contendere, with an attempted reservation of a right to reclaim it if the statute on which the indictment was based were declared unconstitutional by this Court, did not create any contract with the United States. P. 735.
Reversed.
Appeal from a judgment of the district court awarding damages against the United States in a suit under the Tucker Act to recover, with interest, the amount of a fine imposed under § 4 of the Lever Act, which was afterwards adjudged unconstitutional.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927) in 272 U.S. 734 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=PSE4JS417KW36KA.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927), in 272 U.S. 734, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=PSE4JS417KW36KA.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927). cited in 1927, 272 U.S. 734. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=PSE4JS417KW36KA.
|