• View enhanced case on Westlaw
  • KeyCite this case on Westlaw
  • http://laws.findlaw.com/us/216/613.html
    Cases citing this case: Supreme Court
    Cases citing this case: Circuit Courts
    MALLERS v. COMMERCIAL LOAN & TRUST CO, 216 U.S. 613 (1910)

    U.S. Supreme Court

    MALLERS v. COMMERCIAL LOAN & TRUST CO, 216 U.S. 613 (1910)

    216 U.S. 613

    JOHN B. MALLERS, Plff. in Err.,
    No. 726.

    Submitted February 28, 1910.
    Decided March 14, 1910.

    Mr. Charles B. Stafford for plaintiff in error.

    Mr. Horace G. Stone for defendant in error.

    Per Curiam:

    The Commercial Loan & Trust Company, a banking corporation organized under the laws of Illinois, in 1895 brought suit against John B. Mallers upon a promissory note, and jugment was entered therein by the appellate [216 U.S. 613, 614]   court for the first district in favor of the bank, against Mallers, which judgment was affirmed by the supreme court.

    On the case being remanded to the appellate court, an execution was issued by the clerk to enforce the collection of the judgment, which Mallers moved to quash, and from the judgment of that court denying that motion a writ of error was prosecuted to the supreme court, which affirmed the judgment of the appellate court.

    The case was then brought here on writ of error, which must be dismissed for want of jurisdiction. Hulbert v. Chicago, 202 U.S. 275 , 50 L. ed. 1026, 26 Sup. Ct. Rep. 617; Burt v. Smith, 203 U.S. 129 , 51 L. ed. 121, 27 Sup Ct. Rep. 37; Bonner v. Gorman, 213 U.S. 86 , 53 L. ed. 709, 29 Sup. Ct. Rep. 483.

    No Federal question was raised in the state courts, and the attempt to raise a Federal question in the assignment of errors in this court not only came too late, but was palpably not maintainable. Chapin v. Fye, 179 U.S. 127 , 45 L. ed. 119, 21 Sup. Ct. Rep. 71.

    Writ of error dismissed.

    FindLaw Career Center

      Search for Law Jobs:

        Post a Job  |  View More Jobs
    Ads by FindLaw