171 U.S. 441· 10/17/1898

California National Bank v. Thomas

Syllabus

<p>A judgment of tlie highest court of a State reversing the judgment of the state court below, upon the ground that the case made out by the findings was a different case from that presented by the pleadings, and that the variance was fatal to the validity of the judgment, and on the further ground that as the defendants in error were sued jointly for a tort, a withdrawal of the action in favor of two of them also operated to release the third, presents no Federal question for the consideration of this court.</p>

Judges: Brown, After Stating the Case

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