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McKAY v. KALYTON

No. 181.

204 U.S. 458 (1907)

27 S.Ct. 346

51 L.Ed. 566

McKAY v. KALYTON.

Supreme Court of United States.

Decided February 25, 1907.

Attorney(s) appearing for the Case

Mr. Samuel Herrick, with whom Mr. T.G. Hailey and Mr. R.J. Slater were on the brief, for plaintiff in error.

Mr. William Frye White, with whom Mr. John B. Cotton was on the brief, for defendant in error:.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

It is contended that we are without jurisdiction because no title, right or immunity was specially set up or claimed under any Federal statute and denied. But, leaving aside for a moment all other considerations, it is plain that the defendant below set up a claim of immunity from suit in the state court under the laws of the United...

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