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UNION NATIONAL BANK V. LAMB, 337 U. S. 38 (1949)

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U.S. Supreme Court

Union National Bank v. Lamb, 337 U.S. 38 (1949)

Union National Bank v. Lamb

No. 500

Argued March 31, 1949

Decided May 16, 1949

337 U.S. 38

Syllabus

1. A judgment of the highest court of a State determining a claim of right under the Full Faith and Credit Clause of the Federal Constitution is reviewable here not by appeal but by certiorari; and the papers whereon an appeal has been improvidently taken in such a case may be treated as a petition for a writ of certiorari. 28 U.S.C. §§ 1257(3), 2103. Pp. 337 U. S. 39-40.

2. Where the last day of the period within which a review by this Court on appeal or certiorari may be applied for falls on a Sunday or legal holiday, an application made on the next day which is not a Sunday or legal holiday is timely under 28 U.S.C. § 2101(c) and Rule 6 (a) of the Rules of Civil Procedure. Pp. 337 U. S. 40-41.

3. In 1927, petitioner obtained a Colorado judgment against respondent, which was revived in Colorado in 1945 on personal service upon respondent in Missouri. Suit was then brought in Missouri on the revived Colorado judgment. The Supreme Court of Missouri, though assuming that the judgment was valid in Colorado, refused to enforce it because, under Missouri law, the original judgment could not have been revived in 1945.

Held: the decision of the Missouri Court that, whatever the effect of revivor under Colorado law, the Colorado judgment was not entitled to full faith and credit in Missouri, is erroneous. Roche v. McDonald, 275 U. S. 449. Pp. 337 U. S. 41-45.

4. The question of the status of the 1945 judgment under Colorado law, and the question whether the service on which the Colorado judgment was revived satisfied due process, which were not passed upon by the Missouri Court, will be open on remand of the cause. P. 337 U. S. 44.

358 Mo. 65, 213 S.W.2d 416, reversed.

The Supreme Court of Missouri refused enforcement of a Colorado judgment. 358 Mo. 65, 213 S.W.2d 416. Treating the appeal papers as a petition for certiorari, this Court grants certiorari and reverses the judgment. Pp. 337 U. S. 40-41, 337 U. S. 45. chanroblesvirtualawlibrary

Page 337 U. S. 39





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