Wallace G. Frederick v. United States

Again I am constrained to dissent.

In giving decisive importance to an issue of fact not raised in the trial court and not raised in this Court in pleadings, briefs, or oral argument, the majority *494oversteps the bounds of judicial review. Apparently, until this Court gratuitously informed the serendipitous defendant of his good fortune he was not aware of the possibility of a factual dispute over his indebtedness. Contrary to the opinion of the majority, Frederick did not contest the amount due and unpaid on the note— as to principal or interest. He filed no countervailing affidavits, as…