Bilby v. Stewart, 246 U.S. 255 (1918)

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Bilby v. Stewart

No. 160

Submitted January 25, 1918
Decided March 4, 1918
246 U.S. 255

ERROR TO THE SUPREME COURT

OF THE STATE OF OKLAHOMA

Syllabus

The court may not review a judgment of a state supreme court resting on a nonfederal ground adequate to support it.

Where the probate of the will of a full-blood Creek Indian was refused solely on the nonfederal ground of mental incapacity, questions sought to be raised under acts of Congress concerning the execution of the will, its legal effect, and the necessity for probate held immaterial.

An attempt to raise federal questions through an application to file a second petition for rehearing in the state court comes too late.

Writ of error to review 153 P. 1173 dismissed.

The case is stated in the opinion.