Mallers v. Commercial Loan & Trust Company/Opinion of the Court

The Commercial Loan & Trust Company, a banking corporation organized under the laws of Illinois, in 1895 brought suit against John B. Mallers upon a promissory note, and jugment was entered therein by the appellate court for the first district in favor of the bank, against Mallers, which judgment was affirmed by the supreme court.

On the case being remanded to the appellate court, an execution was issued by the clerk to enforce the collection of the judgment, which Mallers moved to quash, and from the judgment of that court denying that motion a writ of error was prosecuted to the supreme court, which affirmed the judgment of the appellate court.

The case was then brought here on writ of error, which must be dismissed for want of jurisdiction. Hulbert v. Chicago, 202 U.S. 275, 50 L. ed. 1026, 26 Sup. Ct. Rep. 617; Burt v. Smith, 203 U.S. 129, 51 L. ed. 121, 27 Sup Ct. Rep. 37; Bonner v. Gorman, 213 U.S. 86, 53 L. ed. 709, 29 Sup. Ct. Rep. 483.

No Federal question was raised in the state courts, and the attempt to raise a Federal question in the assignment of errors in this court not only came too late, but was palpably not maintainable. Chapin v. Fye, 179 U.S. 127, 45 L. ed. 119, 21 Sup. Ct. Rep. 71.

Writ of error dismissed.