(DOWNLOAD) "Cincinnati v. Bay." by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Cincinnati v. Bay.
- Author : Supreme Court of the United States
- Release Date : January 02, 1906
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an action upon a contract, brought by the defendants in error to recover an instalment of money due by its terms. A judgment in their favor was sustained by the Supreme Court of the State, although the petition in error to that court set up that the contract was illegal under the act of Congress of July 2, 1890, c. 647, 26 Stat. 209. No opinion was delivered, but a certificate that this objection was relied upon and that it necessarily was considered was made part of the record by that court. Therefore the present writ of error properly was allowed. The record shows that the question was raised and the certificate shows that it was not treated as having been raised too late under the local procedure, a point upon which the state court is the judge. It is enough that the Federal question was raised and necessarily decided by the highest court of the State. Farmers & Merchants Insurance Co. v. Dobney, 189 U.S. 301.