SCOTT v. KELLY


89 U.S. 57 (____)

22 Wall. 57

SCOTT, ASSIGNEE, v. KELLY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. G.W. Lubké, for the plaintiff in error; Messrs. J.C. Perry and Lyman Tremain, contra.


The CHIEF JUSTICE delivered the opinion of the court.

The writ of error in this case is dismissed for want of jurisdiction.

The assignee in bankruptcy voluntarily submitted himself and his rights to the jurisdiction of the State court. Being summoned he appeared, without objection, and presented his claim for adjudication by that court. No effort was made to remove the litigation to the courts of the United States. It is now too late to object to the power...

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