Leigh v. Green
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OF NEBRASKA. The facts essential • to the determination of this case are briefly summarized as follows Irwin Davis was the owner of certain lands in Knox County, Nebraska. On the twenty-fourth day of November, 1880, an action was begun by Algernon S. Patrick against Davis, in the District Court of the county, and an attachment was issued and levied upon the lands.
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ERROR TO THE SUPREME COURT OE THE STATE OF NEBRASKA. The facts essential • to the determination of this case are briefly summarized as follows Irwin Davis was the owner of certain lands in Knox County, Nebraska. On the twenty-fourth day of November, 1880, an action was begun by Algernon S. Patrick against Davis, in the District Court of the county, and an attachment was issued and levied upon the lands. The case was'after wards removed to the Circuit Court of the United States for the District of Nebraska, on October 18, 1882, whereon January 21, 1890, an order for the sale of the lands in…
1Opinion of the CourtJustice Day
■ A motion is made to dismiss because the claim of impairment of a right secured by the Fourteenth Amendment was not made in the courts of Nebraska until the motion for rehearing was filed in the Supreme Court. We aré unable to discover a specific claim of this character made prior to the motion for rehearing. In the motion referencé is made to the failure of the Nebraska Supreme Court to decide the claim heretofore made, that the statute of Nebraska was unconstitutional because of the alleged violation of the right to due process of law guaranteed by the Fourteenth Amendment to the…
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