De Bearn v. Safe Deposit & Trust Co. of Baltimore
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. The facts, which involve the jurisdiction of this court of direct appeals from the District Court on constitutional questions, are stated in the opinion. Appellant was entitled to show in the Federal court below that a state court sitting in the same State had not acquired jurisdiction of the bonds although the' sheriff had filed a return stating that they had been seized.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. The facts, which involve the jurisdiction of this court of direct appeals from the District Court on constitutional questions, are stated in the opinion. Appellant was entitled to show in the Federal court below that a state court sitting in the same State had not acquired jurisdiction of the bonds although the' sheriff had filed a return stating that they had been seized. Cooper v. Newell, 173 U. S. 555. Upon the conceded facts the state court had not acquired prior jurisdiction over the bonds. Bates v. N. O.,…
1Opinion of the CourtChief Justice White
In this case the court below sustained a demurrer to the complaint and this direct appeal was then taken on the theory that rights under the Constitution of the United States were involved.' To determine whether there is a constitutional question, and, if so, to decide it, requires a statement of the averments of the complaint.
The complainant was the appellant and the defendants were the Safe Deposit & Trust Company of Baltimore, American Bonding Company of Baltimore, Alexander Brown & Sons, a commercial firm established in Baltimore and Theodore P. Weis, sheriff of the city of Baltimore. It…
2Cases cited10 opinions
- Dimmick v. TompkinsSupreme Court of the United States · 1904
- Castillo v. McConnicoSupreme Court of the United States · 1898
- Bienville Water Supply Co. v. MobileSupreme Court of the United States · 1902
- De Bearn v. WinansCourt of Appeals of Maryland · 1911
- De Bearn v. Prince De BearnCourt of Appeals of Maryland · 1911
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