Matheson v. Branch Bank of Mobile
48 U.S. 260 (1849)

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U.S. Supreme Court

Matheson v. Branch Bank of Mobile, 48 U.S. 7 How. 260 260 (1849)

Matheson v. Branch Bank of Mobile

48 U.S. (7 How.) 260

Syllabus

Where the highest court of a state affirmed the judgment of a court below because no transcript of the record was filed in the appellate court, such affirmance cannot be reviewed by this Court under the twenty-fifth section of the Judiciary Act.

The intention of the parties to raise a constitutional question is not enough. It must be actually raised and decided in the highest court of the state.

In 1845, the Branch Bank of Mobile obtained a judgment in the Circuit Court of Mobile county (state court) against Maria Matheson, John Darrington, and Robert D. James, for the sum of ten thousand five hundred and seventy-three dollars and eighty-two cents.

On 29 May, 1846, the defendants sued out a writ of error, returnable to December term, 1846, of the Supreme Court of the State of Alabama. Billups Gayle, John Gayle, and Edward M. Ware became their securities upon the appeal bond.

On 22 January, 1847, being a day of the December term, 1846, the counsel of the Branch Bank filed a certificate of the clerk of the court below, stating the judgment and writ of error, when it appearing that no transcript of the record was filed, the Supreme Court of the State of Alabama

Page 48 U. S. 261

affirmed the judgment of the court below, and also entered up judgment against the securities in the appeal bond.

In April, 1847, the defendants sued out a writ of error, and brought the case up to this Court.

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