Guaranty Trust Co. v. York

I dissent. If the policy of judicial conservatism were to be followed in this case, which forbids deciding constitu*113tional and other important questions hypothetically or prematurely, I would favor remanding the cause to the Court of Appeals for determination of the narrow and comparatively minor question whether, under the applicable local law, the cause of action has been barred by lapse of time. That question has not been decided,1 may be determined in respondent’s favor, and in that event the important question affecting federal judicial power now resolved, in a manner contrary to all…