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Mitchell Vs. W. T. Grant Co.
Cites for this judgment
- US Supreme Court
- May 13, 1974
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possession of the party who is able to furnish protection against loss or damage pending trial on the merits. Fuentes v. ShevinSearch
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under this Court's precedents that issues can be limited in actions for possession. Indeed, in Grant Timber Mfg. Co. v. GraySearch
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Holmes, J.), the Court upheld such limitations in possessory actions for real property in Louisiana. See also Bianchi v. MoralesSearch
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that his case will succeed to warrant the bonded sequestration of the property pending outcome of the suit. Cf. Bell v. BursonSearch
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Ewing v. MytingerSearch
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NLRB v. MackaySearch
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is in any way disturbed is nonetheless mandated by a long line of cases in this Court, culminating in Sniadach v. FamilySearch
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Finance Corp., 395 U. S. 337 (1969), and Fuentes v. ShevinSearch
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U. S. 589 , 283 U. S. 596 -597 (1931). See also Scottish Union & National Ins. Co. v. BowlandSearch
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Springer Page 416 U. S. 612 v. UnitedSearch
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U. S. 593 -594 (1881). This generality sufficed to decide relatively modern cases. For example, in Ewing v. MytingerSearch
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Coffin Bros. v. BennettSearch
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U. S. 29 , 277 U. S. 31 (1928). To the same effect was the earlier case of Ownbey v. MorganSearch
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Ownbey and Coffin, the Court later sustained the constitutionality of the Maine attachment statute. McKay v. McInnesSearch
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The judgment of the Maine court was affirmed without opinion, citing Ownbey and Coffin. In Sniadach v. FamilySearch
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on which he had retained a lien to secure the purchase price. This very case soon came before the Court in Fuentes v. ShevinSearch
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standard is inherently subject to factual determination and adversarial input. As in Bell v. BursonSearch
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s license was suspended without a prior hearing, when the suspension was premised on a fault standard, see Vlandis v. KlineSearch
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private violence, but self-help repossession could easily lessen protections for the debtor. See, for example, Adams v. SouthernSearch
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Covey v. TownSearch
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New York v. NewSearch
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Mullane v. CentralSearch
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Opp Cotton Mills v. AdministratorSearch
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United States v. IllinoisSearch
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Southern R. Co. v. VirginiaSearch
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Goldsmith v. BoardSearch
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Coe v. ArmourSearch
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Central of Georgia R. Co. v. WrightSearch
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Rees v. CitySearch
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conclusive on the issue of probable cause. As a result, the defendant can be arrested and held for trial. See Beavers v. HenkelSearch
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Wright v. HughesSearch
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