Fay v. Crozer

Citations

• 217 U.S. 455
• 30 S. Ct. 568
• 54 L. Ed. 837
• 1910 U.S. LEXIS 1971

Syllabus

<p>A writ of error based on constitutional question will not lie unless the controversy is a substantial one and the question'open to discussion.-</p> <p>If the identical question has been determined in a suit involving a state statute it is foreclosed although it may subsequently arise .in connection with the provision of the constitution of the State under which the statute was enacted, and the writ of error will be dismissed.</p> <p>There is no greater objection under the Constitution of the United States to. the forfeiture of land for'five years’ neglect to pay .taxes than there is to a similar forfeiture by the. statute of limitation’s for neglect to assert title against one by whom the former owner has beén disseized.</p> <p>• The questions involved in this case having been determined in King v. Mullin,-171 U. S. 404; King v. West Virginia, 216.TJ. S. 92; the writ of.error is dismissed.</p>