Swift v. McPherson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA. McPherson, as Assignee of Miller, brought suit against Swift in a Circuit Court of South Dakota, seeking, to establish his rights to an undivided one-half interest in certain land then in the possession of Swift. The defendant denied that McPherson had any interest in the property.
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ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA. McPherson, as Assignee of Miller, brought suit against Swift in a Circuit Court of South Dakota, seeking, to establish his rights to an undivided one-half interest in certain land then in the possession of Swift. The defendant denied that McPherson had any interest in the property. He further claimed that McPherson had once before brought a similar suit which, after being removed to the Circuit Court of the United States, had been dismissed and that this dismissal finally adjudicated the matters at issue in favor of Swift and against…
1Opinion of the CourtJustice Lamar
In the record there are sixty assignments of error involving many rulings of the trial court and the construction of the contract. We can only consider those Which present the Federal question that, in faffing to sustain the plea of res judicata, the court denied plaintiff a right arising under the laws of the United States. The refusal of the state court to treat the decree of the United States court • as a bar to the present action is said to have impaired the obligation of that decree as a contract; denied the full faith and credit to which it was entitled and deprived Swift of it as…
2Cases cited2 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Mayor of Vicksburg v. HensonSupreme Court of the United States · 1913
3Cited by43 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Fairmont Aluminum Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1955
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
- Linden Condominium Ass'n v. McKennaSupreme Court of Connecticut · 1999
- Dixie Sand & Gravel Corporation v. Pauline HollandCourt of Appeals for the Sixth Circuit · 1958
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