Bilby v. Stewart
Citations
- 246 U.S. 255
- 38 S. Ct. 264
- 62 L. Ed. 701
- 1918 U.S. LEXIS 1541
Syllabus
<p>The court may not review a judgment of a state supreme court resting on a non-federal ground adequate to support it.</p> <p>Where the probate of the will of a full-blood Creek Indian was refused solely on the non-federal 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.</p> <p>An attempt to raise federal questions through an application to file a second petition for rehearing in the state court comes too late.</p>
Judges: Brandeis
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