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King v. Worthington, 104 U.S. 44 (1881)

King v. Worthington

104 U.S. 44

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

1. A cause pending on appeal in the supreme court of a state at the date of the passage of the Act of March 3, 1875, c. 137, 18 Stat., pt. 3, p. 470, was remanded for a rehearing, the decree below having been reversed solely upon the ground of the admission of the evidence of incompetent witnesses. The transcript was filed in the court of original jurisdiction at a term thereof which was within the time prescribed by the state statute. Held that a petition for the removal of the cause to the circuit court of the United States filed at the same term and before such rehearing was filed in due season.

2. Where, touching the competency of witnesses, there is a conflict between the law of a state and an act of Congress, the latter must govern the courts of the United States.