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· 6/10/1927

Sugarine Co. v. Werthan Bag Co.

Citations

  • 19 F.2d 919
  • 1927 U.S. App. LEXIS 2381

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting “established Supreme Court precedent declining to address constitutional questions not put in issue by the parties”
  • noting “established Supreme Court precedent declining to address constitutional questions not put in issue by the parties”
  • \We do not reach David's Commerce Clause challenge to his 18 U.S.C. 922(g)(1) conviction because he failed to raise the claim in the lower court.\
  • constitutional claim is not jurisdictional and may be forfeited by failure to raise claim in trial court
  • because every federal statute enjoys “a presumption of validity,” the “assertion of a constitutional defect does not work to divest th[e] court of its original jurisdiction”
  • Courts have “an obligation to address jurisdictional questions sua sponte.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Denison

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.