Abbott v. Tacoma Bank of Commerce, 175 U.S. 409 (1899)

ERROR TO THE SUPREME COURT

OF THE STATE OF WASHINGTON

Syllabus

The plaintiff in error sued the defendants in error in a state court of the Washington to recover damages for a libel alleged to have been contained in the pleadings in a suit against him, instituted by them in the circuit court of the United States. The trial court dismissed the action, and its judgment was affirmed by the highest court of the state, which judgment, so affirmed, was brought to this Court by writ of error. A motion being made to dismiss the action or affirm the judgment below, held that there was color for the motion to dismiss, and therefore the motion to affirm could be considered, and as the judgment of the court below did not deprive the plaintiff of any right, privilege or immunity secured by the Constitution or laws of the United States, it should be affirmed.

Motion to dismiss or affirm. The case is stated in the opinion.