Capital National Bank v. First National Bank
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action brought by the First National Bank of Cadiz, Ohio, against the Capital National Bank of Lincoln, Nebraska, and Macfarland, the receiver thereof, in the district court of Lancaster County, Nebraska. The petition contained five counts for moneys belonging to plaintiff received by defendant from notes transmitted to it for collection and remittance.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action brought by the First National Bank of Cadiz, Ohio, against the Capital National Bank of Lincoln, Nebraska, and Macfarland, the receiver thereof, in the district court of Lancaster County, Nebraska. The petition contained five counts for moneys belonging to plaintiff received by defendant from notes transmitted to it for collection and remittance. Each of the counts concluded thus : “ Plaintiff further says that on or before the 21st day of January, 1893, the said defendant bank then and there became and for some time…
1Opinion of the CourtChief Justice Fuller
The writ of error from this court to revise the judgment of a state court can only be maintained when within the purview of section 709 of the Be vised Statutes.
If the denial by the state court of a right under a statute of the United States is relied on as justifying our interposition, before it can be held that the state court thus disposed of a Federal question, the record must show, either by the words used or by clear and necessary intendment therefrom, that the right was specifically claimed; or a definite issue as to the possession of the right must be distinctly deducible from the…
2Cases cited6 opinions
- California Bank v. KennedySupreme Court of the United States · 1897
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- Wilson v. CoburnNebraska Supreme Court · 1892
- Anheuser-Busch Brewing Ass'n v. MorrisNebraska Supreme Court · 1893
- Griffin v. ChaseNebraska Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- Citizens' Savings Bank of Owensboro v. OwensboroSupreme Court of the United States · 1899
- People Ex Rel. Nelson v. West Englewood Trust & Savings BankIllinois Supreme Court · 1933
- Bausman v. DixonSupreme Court of the United States · 1899
- Rossman v. BluntCourt of Appeals for the Sixth Circuit · 1939
11 more not listed; retrieve them via the Exa API.