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Bilby v. Stewart, 246 U.S. 255 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bilby v. Stewart, 246 U.S. 255 (1918)
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Bilby v. Stewart No. 160 Submitted January 25, 1918 Decided March 4, 1918 246 U.S. 255
ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA
Syllabus
The court may not review a judgment of a state supreme court resting on a nonfederal ground adequate to support it.
Where the probate of the will of a full-blood Creek Indian was refused solely on the nonfederal ground of mental incapacity, questions sought to be raised under acts of Congress concerning the execution of the will, its legal effect, and the necessity for probate held immaterial.
An attempt to raise federal questions through an application to file a second petition for rehearing in the state court comes too late.
Writ of error to review 153 P. 1173 dismissed.
The case is stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Bilby v. Stewart, 246 U.S. 255 (1918) in 246 U.S. 255 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=JWE77V5ZJVBPXMG.
MLA:
U.S. Supreme Court. "Syllabus." Bilby v. Stewart, 246 U.S. 255 (1918), in 246 U.S. 255, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=JWE77V5ZJVBPXMG.
Harvard:
U.S. Supreme Court, 'Syllabus' in Bilby v. Stewart, 246 U.S. 255 (1918). cited in 1918, 246 U.S. 255. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=JWE77V5ZJVBPXMG.
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