Mays v. Fritton
Supreme Court of the United States
Error to the Supreme Court of Pennsylvania; the ease being thus: In the year 1862, one Born executed a mortgage to Boll and others, on real estate which he then owned.' Some years afterwards, that is to say, on the 16th of January, 1868, he.' gave to a Mrs. Fritton a bond for$4000, payable in one year, with warrant to confess judgment. Ou this warrant Mrs. Fritton caused a judgment to be entered- ou the day on which it was given.
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Error to the Supreme Court of Pennsylvania; the ease being thus: In the year 1862, one Born executed a mortgage to Boll and others, on real estate which he then owned.' Some years afterwards, that is to say, on the 16th of January, 1868, he.' gave to a Mrs. Fritton a bond for$4000, payable in one year, with warrant to confess judgment. Ou this warrant Mrs. Fritton caused a judgment to be entered- ou the day on which it was given. On the 31st day of the same month, a petition, was presented by a creditor of Born alleging that various acts df bankruptcy had been committed by him on the 1st, 3d,…
1Opinion of the CourtJustice Hunt
In looking into the record we.do not find that the question of the jurisdiction of the State courts over Mrs. Fritto.n’s claim, now made in the argument of the learned counsel of the assignees, was anywhere made in the courts below. It does not appear to have been made before the auditor, or before the Supreme Court on appeal. On the contrary, it affirmatively appears that the assignees submitted the question of the title to the fund to both of these courts, and asked its decision in their favor. In the proceeding before the auditor, before the jury passed on the questions of fact, this was…
2Cited by27 opinions
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Upton v. McLaughlinSupreme Court of the United States · 1882
- Ohio Oil Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1941
- Winchester v. HeiskellSupreme Court of the United States · 1886
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