Wall v. Parrot Silver & Copper Co.,
244 U.S. 407 (1917)

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U.S. Supreme Court

Wall v. Parrot Silver & Copper Co., 244 U.S. 407 (1917)

Wall v. Parrot Silver & Copper Company

No. 271

Argued May 4, 7, 1917

Decided June 4, 1917

244 U.S. 407


The Court agrees with the district court in concluding that appellants' allegations of fraud were not sustained.

Generally speaking, when fraud is alleged and denied, the party making the charge will be confined to that issue.

When a constitutional question, asserted as the basis for the jurisdiction of this Court on direct appeal from the district court, is pleaded

Page 244 U. S. 408

as resulting from the execution of a fraudulent scheme, the question ought not to be considered (semble) if the charge of fraud fails.

By claiming the benefits of state laws, the right to question their constitutionality may be waived.

216 F. 242 affirmed.

The case is stated in the opinion.

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