Wolf v. Stix - 96 U.S. 541 (1877)


U.S. Supreme Court

Wolf v. Stix, 96 U.S. 541 (1877)

Wolf v. Stix

96 U.S. 541

Syllabus

A decree dismissing a bill in chancery brought to recover a debt and set aside an alleged fraudulent sale of property was, on appeal, reversed and a decree rendered by the supreme court of the state against the appellee for the amount of the debt, and an execution awarded. Thereupon the appellee, who pending the appeal, and more than three years before the date of the decree, had obtained a discharge in bankruptcy, petitioned the supreme court to set aside its decree and either permit him to plead his discharge there or remand the cause so that he might plead it in the inferior court. The court, upon the ground that no new defense could be made there, refused the petition and permitted the decree to stand as entered.

Held:

1. That upon the fact of the record proper, no federal question was raised.

2. That the action upon the subsequent petition did not place the petitioner in a better position to invoke the jurisdiction of this Court.



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