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Tarver v. Keach

Tarver v. Keach, 82 U.S. (15 Wall.) 67 (1873)
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Court
Supreme Court of the United States
Decided
January 18, 1873
Citations
82 U.S. 6721 L. Ed. 8215 Wall. 671872 U.S. LEXIS 1232
Syllabus
"When a decision holding a contract void is made by the highest court of a State upon the general principles by which courts determine .that a transaction is good or bad on principles of public policy, the decision is one which this court is not .authorized to review.
Summary
On motion to dismiss a writ of error to the Supreme Court of the State of Texas, ■ The suit below was upon a note payable in common currency circulating in the State of Texas at its maturity, that is, on the 27th day of November, 1.8.63, This common currency was Confederate notes, and the note in .question was given for the purchase of land. The Supreme Court of the State held that the transaction was a gambling one, and dismissed the suit on that ground. The case being then brought here under an assumption that it came within the 25th section of the Judiciary Act, quoted supra, p. 8, the present motion was made.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

*68 The CHIEF JUSTICE delivered the opinion of the court.

In Detonas v. The Insurance Company * decided at last term, we held that when “ a decision holding a contract void is made by the highest court of a State upon the general principles by which courts determine that a transaction is good or bad on principles of public policy, the decision is one we are not authorized to review.” We are entirely satisfied with that judgment and with the grounds assigned for it, and do not think it necessary to restate them. It follows that the writ of error to the Supreme Court of Texas must be Dismissed.

* 14 Wallace, 661.

How later courts describe this case

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1877–1878: 11881–1882: 11883–1884: 11885–1886: 11887–1888: 218772026peak 1887 · 2

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