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Burt v. Smith, 203 U.S. 129 (1906)
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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.
Burt v. Smith, 203 U.S. 129 (1906)
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Burt v. Smith No. 67 Argued October 29, 1906 Decided November 12, 1906 203 U.S. 129
ERROR TO THE COURT OF APPEALS
OF THE STATE OF NEW YORK
Syllabus
A mistaken view of the law may constitute probable cause in some instances -- probable cause does mean sufficient cause -- so held as to a suit for infringement of registered trademark.
Although the opinion of the highest court of a state may be resorted to for the purpose of showing that the court actually dealt with a federal question presented by the record, or that a right asserted in general terms was maintained and dealt with on federal grounds, where the record discloses no federal question until the assignment of errors in this Court, it comes too late, and the writ will be dismissed.
Writ of error to review 181 N.Y. 1 dismissed.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Burt v. Smith, 203 U.S. 129 (1906) in 203 U.S. 129 203 U.S. 133. Original Sources, accessed July 13, 2025, http://www.originalsources.com/Document.aspx?DocID=UMW4FX6J2L9Y24E.
MLA:
U.S. Supreme Court. "Syllabus." Burt v. Smith, 203 U.S. 129 (1906), in 203 U.S. 129, page 203 U.S. 133. Original Sources. 13 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=UMW4FX6J2L9Y24E.
Harvard:
U.S. Supreme Court, 'Syllabus' in Burt v. Smith, 203 U.S. 129 (1906). cited in 1906, 203 U.S. 129, pp.203 U.S. 133. Original Sources, retrieved 13 July 2025, from http://www.originalsources.com/Document.aspx?DocID=UMW4FX6J2L9Y24E.
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