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McMillan Contracting Co. v. Abernathy, 263 U.S. 438 (1924)
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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.
McMillan Contracting Co. v. Abernathy, 263 U.S. 438 (1924)
McMillan Contracting Company v. Abernathy Nos. 167 and 168 Motions to dismiss and to remand submitted October 8, 1923 Decided January 7, 1924 263 U.S. 438
APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF MISSOURI, TRANSFERRED FROM
THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Syllabus
1. A case in which the jurisdiction of the district court was invoked by the plaintiff upon the sole ground of a constitutional question is appealable to this Court exclusively (Jud.Code, § 238), and the presence of other questions that are not federal questions adequate in themselves to support the original jurisdiction can afford no ground for appeal to the circuit court of appeals. P. 440.
2. Where a final decree of the district court which is reviewable only by direct appeal to this Court has been erroneously taken to the circuit court of appeals, it cannot be transferred to this Court under the Act of September 14, 1922, Jud.Code § 238, if the time (3 months) allowed for direct appeal here from the district court had expired when the appeal to the circuit court of appeals was taken. P. 442.
Appeals to review 284 F. 354 remanded.
Appeals taken to the circuit court of appeals from decrees of the district court enjoining collection of taxes, and transferred by the former court to this Court.
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Chicago:
U.S. Supreme Court, "Syllabus," McMillan Contracting Co. v. Abernathy, 263 U.S. 438 (1924) in 263 U.S. 438 263 U.S. 439. Original Sources, accessed July 2, 2025, http://www.originalsources.com/Document.aspx?DocID=YTU2E98T7S2MVX4.
MLA:
U.S. Supreme Court. "Syllabus." McMillan Contracting Co. v. Abernathy, 263 U.S. 438 (1924), in 263 U.S. 438, page 263 U.S. 439. Original Sources. 2 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=YTU2E98T7S2MVX4.
Harvard:
U.S. Supreme Court, 'Syllabus' in McMillan Contracting Co. v. Abernathy, 263 U.S. 438 (1924). cited in 1924, 263 U.S. 438, pp.263 U.S. 439. Original Sources, retrieved 2 July 2025, from http://www.originalsources.com/Document.aspx?DocID=YTU2E98T7S2MVX4.
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