KENNEY, TRUSTEE,
v.
EFFINGER
KENNEY, TRUSTEE,
EFFINGER
115 U.S. 577
Supreme Court of the United States (1885)
Positive Treatment
Also reported at: 29 L. Ed. 498 · 6 S. Ct. 185 · 1885 U.S. LEXIS 1869 · SCDB 1885-042
Cited by 12 cases
Opinion of the Court
Mr. Justice Field delivered the opinion of the court.
The writ of error brought by the trustee raises no Federal question which we can consider. Whether the bond of Effinger was - or was not executed with reference to Confederate notes is á question of fact for the State court, and not one of law for this court.
The writ is dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dower v. Richards, 151 U.S. 658 (U.S. 1894)…error brought by the trustee raises no Federal question which we can consider. Whether the bond of Effinger was or was. not executed with reference to Confederate notes is a question of fact, for the state court, and not one of law for this court.” 115 U. S. 577. [*672] In Quimby v. Boyd, (1888,) in which various errors were assigned in a judgment of the Supreme Court of the State of . Colorado between two adverse claimants of a lode, this court, speaking by the present Chief Justice, dismissed the writ of…
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A. G. Reeves Steel Const. Co. v. Weiss, 119 F.2d 472 (6th Cir. 1941)…r the statutes here involved the lapse of time not only barred the remedy, but also destroyed the liability of the appellee to refund the taxes. Finn v. United States, 123 U.S. 227, 232, 8 S.Ct. 82, 31 L.Ed. 128; Arnson v. Murphy, 115 U.S. 579, 585, 6 S.Ct. 185, 29 L.Ed. 491. The record clearly shows that appellant did not institute its action within two years after the disallowance of its claims for refund. The question of the applicable statute of limitation may be considered on this appeal. Appellee i…
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John F. Jelke Co. v. Smietanka, 86 F.2d 470 (7th Cir. 1936)…e which imposed a condition under which the remedy might be asserted and noncompliance with which would extinguish the cause of action as well as the remedy, but rather, as a statute of limitation. We prefer to follow Arnson v. Murphy, 115 U.S. 579, 6 S.Ct. 185, 186, 29 L.Ed. 491, which, although it deals with the customs statutes, was based upon language as follows: “No suit shall be maintained in any court for the recovery of any duties alleged to have been erroneously or illegally exacted, until the dec…
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