National Mut. Building and Loan Assn. v. Brahan
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP MISSISSIPPI. .This action was brought in the Circuit Court of Louderdale County, Mississippi, to recover interest, claimed to have been. usurious, paid by defendant in error to plaintiff in error upon a loan made by the latter to him.
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ERROR TO THE SUPREME COURT OP THE STATE OP MISSISSIPPI. .This action was brought in the Circuit Court of Louderdale County, Mississippi, to recover interest, claimed to have been. usurious, paid by defendant in error to plaintiff in error upon a loan made by the latter to him. The action was brought under section 2348 of the Code of the State of 1892, which ■ provides as follows: “The legal rate of interest on all notes, accounts and contráete shall be six per. centum-; but contracts may be made, in writing, for the-payment of a rate, of interest as great as ten p.er centum per anuum. And if…
1Opinion of the CourtJustice McKenna
It is objected that the Federal questions^ presented cannot be considered “because they were not raised in time and the proper way,” and that the Supreme Court did nothing more than decline to pass on the questions because they had not been raised in the trial court, as required by the state practice.
'The Supreme Court considered that plaintiff in error, by the motions to amend the notice, attempted to “inject”1 a Federal question into the record, and that the instruction asked by the plaintiff in error had the same purpose. The court said: “It was another ingenious but • unsuccessful effort…
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- Mallett v. North CarolinaSupreme Court of the United States · 1901
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Central Land Co. v. LaidleySupreme Court of the United States · 1895
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