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Hammerstein v. Superior Court, 341 U.S. 491 (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.
Hammerstein v. Superior Court, 341 U.S. 491 (1951)
Hammerstein v. Superior Court pf California No. 421 Argued March 9, 1951 Cause continued March 26, 1951 Dismissed May 28, 1951 341 U.S. 491
CERTIORARI TO THE SUPREME COURT OF CALIFORNIA
AND TO THE DISTRICT COURT OF APPEAL,
SECOND APPELLATE DISTRICT, OF CALIFORNIA
Syllabus
1. The Supreme Court of California having based its denial of certiorari on petitioner’s failure to appeal from the Superior Court’s default judgment, this Court has no jurisdiction to review the proceedings arising from the default judgment. P. 492.
2. The California District Court of Appeal’s denial of a writ of prohibition in this case being rested on its decision of a federal question, and not upon an independent state ground, this Court has jurisdiction to review that judgment. P. 492.
3. Since petitioner could have obtained review of the final adjudication of the merits of this case by appealing from the default judgment, and since the Supreme Court of California apparently refrained from taking action because of the existence of that remedy, this Court deems it advisable not to exercise its discretionary jurisdiction, and dismisses the writ of certiorari as improvidently granted. Pp. 492-493.
Writ of certiorari, 340 U.S. 919, dismissed.
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Chicago:
U.S. Supreme Court, "Syllabus," Hammerstein v. Superior Court, 341 U.S. 491 (1951) in 341 U.S. 491 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=SVAEJE88MNILXZP.
MLA:
U.S. Supreme Court. "Syllabus." Hammerstein v. Superior Court, 341 U.S. 491 (1951), in 341 U.S. 491, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=SVAEJE88MNILXZP.
Harvard:
U.S. Supreme Court, 'Syllabus' in Hammerstein v. Superior Court, 341 U.S. 491 (1951). cited in 1951, 341 U.S. 491. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=SVAEJE88MNILXZP.
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