Bethell v. Demaret
Supreme Court of the United States
On motion to dismiss a writ of error to the Supreme Court of Louisiana. The case was this: Bethel brought suit against Demaret and others in a dis> trict court of! the State, to enforce a mortgage given to secure' the payment of two notes of §7500 each, given by them for the loan of Confederate currency, on the 2d April, 1862, payable in two and three years after date, with interest.
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On motion to dismiss a writ of error to the Supreme Court of Louisiana. The case was this: Bethel brought suit against Demaret and others in a dis> trict court of! the State, to enforce a mortgage given to secure' the payment of two notes of §7500 each, given by them for the loan of Confederate currency, on the 2d April, 1862, payable in two and three years after date, with interest. The plaintiff recovered judgment, and the mortgaged,premises were directed to be sold to pay it. Whereupon an appeal was taken to the Supreme Court of the State, where the judgment was reversed and the' suit…
1Opinion of the CourtJustice Nelson
There was no Federal question presented to the court below by the plaintiff in error, so far as appears frorñ the record. There is no statute of a State in question here. ■
But it is insisted that there was an authority under the State of Louisiana exercised in the case drawn in question, and which was repugnant to the Constitution, and the decision in favor of its validity, and that is,-the Supreme Court of the State were acting under the authority of the State at the time its decision was rendered.
There are two answers to this .ground: 1st. That'the authority conferred on a court to hear and…
2Cited by22 opinions
- New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Snow v. United StatesSupreme Court of the United States · 1886
- Chicago & Alton R. Co. v. Wiggins Ferry Co.Supreme Court of the United States · 1877
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