GRAY
v.
COAN

U.S. | 1871-12-18
No. 481
SCDB 1871-200 Supreme Court of the United States (1871) Positive Treatment
Also reported at: 1871 U.S. LEXIS 1044
Cited by 2 cases

Opinion of the Court
Mr. Chief Justice Chase

Mr. Chief Justice Chase delivered the opinion of the court.

This is a motion to dismiss a writ of error to the Supreme Court of Iowa.

On looking into the record we find no question under the 25th section of the Judiciary Act made by the pleadings or passed upon by the court; and we have often held that it must appear affirmatively from the record that such a question was made and passed upon before this court can acquire jurisdiction to review the judgment of a state court upon writ of error. The motion must therefore be allowed and the writ of error must be. Dismissed.


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Citator

Cited By

  • Carstairs v. Cochran, 193 U.S. 10 (U.S. 1904)
  • Gully v. First Nat. Bank in Meridian, 81 F.2d 502 (5th Cir. 1936)
    …ent for the shareholders so long as the bank is a going concern and can have a real recotirse on the shareholders, as is held in First National Bank v. Chehalis County, 166 U.S. 440, 17 S.Ct. 629, 41 L.Ed. 1069, Van Slyke v. Wisconsin, 154 U.S. 581, 14 S.Ct. 1168, 20 L.Ed. 240, and 3f'irst National Bank v. Kentucky, 9 Wall. 353, 19 L.Ed. 701, insolvency ends the statutory agency to pay and the personal assets of the bank cannot thereafter be taken from creditors to pay the shareholders’ debt. We have assume…

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