Calcote v. Stanton

THIS case was brought up from the high court of errors and appeals of the State of Mississippi, by a writ of error issued under the 25th section of the judiciary act.

Mr. Benjamin moved to dismiss it for want of jurisdiction, none of the cases provided for in the 25th section being applicable here. He then examined the provisions of the section, and contended that the construction placed by the court of appeals of Mississippi upon the fourth and fifth sections of the bankrupt act was not such as to give this court jurisdiction to review its decision. Besides, that court considered the claim to be barred by the statute of limitations.

The motion was opposed by Mr. Day and Mr. Johnson, who entered into an elaborate review of the judgment of the Mississippi Court with a view of showing that, by necessary inference, that court must have decided against the right and title set up under the bankrupt act, because there was no other sufficient ground upon which to rest their judgment.

Mr. Justice GRIER delivered the opinion of the court.