JACKS
v.
HELENA; SAME V. SAME

U.S. | 1885-11-09
115 U.S. 288 Supreme Court of the United States (1885) Positive Treatment
Also reported at: 29 L. Ed. 392 · 6 S. Ct. 39 · SCDB 1885-012 · 1885 U.S. LEXIS 1838
Cited by 5 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court. These motions are granted-on the authority of Detroit City Railway Co. v. Guthard, 114 U. S. 133, and the cases there cited. It appears distinctly on the face of the opinion of the court below, which, by the laws of Arkansas, forms part of the record, Rev. Stat. Ark. 1884, § 1318 [Gannt’s Dig. (1874) §§ 1108,1109], that the decision of the case -was put, and properly put, on a ground which did not involve a consideration of the Federal question that may possibly have, been presented by one of the several defences set up in the answer of the city, to wit: that the Constitution of 1S74 prohibited the issue of the-bonds in dispute. In fact, it is intimated in the opinion, that, if the case had rested on this defence alone, the judgment would have been the other way.

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Corbett, 215 U.S. 233 (U.S. 1909)
  • Kreiger v. Shelby R.R. Co. & Others, 125 U.S. 39 (U.S. 1888)
    …phis, 20 Wall 590, 633; McManus v. O'Sullivan, 91 U. S. 578; Gross v. United States Mortgage Co., 108 U. S. 481, 487: Adams County v. Burlington & Missouri Railroad 112 U. S. 123, 129; Detroit Railway v. Guthard, 114 U. S. 133, 137; Jacks v. Helena, 115 U. S. 288; Philadelphia Fire Association v. New York, 119 U. S. 110. The decision in Fisher v. Cockerall, 5 Pet. 248, 255, cited by one of the defendants in error, in which, on a writ of error to the Court of Appeals' of Kentucky, this court held that the [*4…
  • O'Conor v. Texas, 202 U.S. 501 (U.S. 1906)

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