Summary

Portrait of Melville Fuller Melville Fuller Nelson v. Moloney — Opinion of the Court

The stipulation given by the plaintiff on the appeal to this court in a prior action brought to foreclose the mortgage is a bar to the recovery in this action. (2) The bond and mortgage having been given to indemnify bail in a criminal case, they are void, because contrary to public policy.'
The court of appeals ruled that the contention that the stipulation given on appeal to that court operated to prevent a recovery was 'without support in authority or reason'
Source: Wikisource

Portrait of Melville Fuller Melville Fuller Nelson v. Moloney — Opinion of the Court

Ct. 396, we held that 'if the circuit court remands a cause, and the state court thereupon proceeds to final judgment, the action of the circuit court is not reviewable on writ of error to such judgment. A state court cannot be held to have decided against a federal right, when it is the circuit court, and not the state court, which has denied its possession.
Source: Wikisource

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