Louisville & Nashville Railroad v. Schmidt
Citations
- 177 U.S. 230
- 20 S. Ct. 620
- 44 L. Ed. 747
- 1900 U.S. LEXIS 1792
Syllabus
<p>Tlie due process clause of tlie Fourteenth Amendment to the Constitution of the United States does not control mere forms of procedure in state courts, or regulate practice therein; and all its requirements are complied with provided that in the proceedings which are claimed not to have been due process of law, tlie person condemned has had sufficient notice, and adequate ojiportunity has been afforded him to defend.</p> <p>The mere fact that in this case the proceeding to hold the Louisville and Nashville Company liable was by rule does not conflict with due process under the Fourteenth Amendment, since forms of procedure in state courts are not controlled by that amendment, provided the fundamental rights secured by the amendment are not denied.</p> <p>Although the Louisville and Nashville Company appeared in response to the rule, pleaded its set-off, and declared that its answer constituted a full response, no defence personal to itself of any other character except the set-off was pleaded or suggested in any form, and this court cannot be called upon to conjecture that defences existed which were not made, and tp decide that proceedings in a state court have denied due process of law because defences were denied when they were not prosecuted.</p>
Judges: White
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