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

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 244 U.S. 397, click here.

Wall v. Parrot Silver & Copper Company

No. 271

Argued May 4, 7, 1917
Decided June 4, 1917
244 U.S. 407

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF MONTANA

Syllabus

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 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.