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Hill v. Smith, 260 U.S. 592 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hill v. Smith, 260 U.S. 592 (1923)
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Hill v. Smith No. 164 Argued January 3, 1923 Decided January 15, 1923 260 U.S. 592
CERTIORARI TO THE SUPERIOR COURT
OF THE STATE OF MASSACHUSETTS
Syllabus
1. A federal question which was treated as open, and decided, by the state supreme court, will be reviewed here without inquiring whether its federal character was adequately called to the attention of the state trial court. P. 594.
2. A question of burden of proof may amount to a federal question when intimately involving substantive rights under a federal statute. P. 594.
3. The burden of proof is one thing, and the necessity of producing evidence to meet that already produced another. P. 594.
4. A creditor who would avoid the effect of a discharge under the Bankruptcy Act upon the ground that the debt was not scheduled, with his name, must prove himself within that exception, and the debtor who would excuse the omission of the creditor’s name upon the ground that the creditor had notice or actual knowledge of the bankruptcy proceedings must prove himself within that exception to the exception. P. 594.
232 Mass. 188 affirmed.
Certiorari to a judgment of the Superior Court of Massachusetts, entered on a finding for the plaintiff made subject to exceptions, which were overruled by the Supreme Judicial Court, in an action on a judgment.
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Chicago: U.S. Supreme Court, "Syllabus," Hill v. Smith, 260 U.S. 592 (1923) in 260 U.S. 592 260 U.S. 593. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2HAEG88KLGCBQZW.
MLA: U.S. Supreme Court. "Syllabus." Hill v. Smith, 260 U.S. 592 (1923), in 260 U.S. 592, page 260 U.S. 593. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2HAEG88KLGCBQZW.
Harvard: U.S. Supreme Court, 'Syllabus' in Hill v. Smith, 260 U.S. 592 (1923). cited in 1923, 260 U.S. 592, pp.260 U.S. 593. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2HAEG88KLGCBQZW.
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