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DE BEARN V. SAFE DEPOSIT & TRUST CO., 233 U. S. 24 (1914)

U.S. Supreme Court

De Bearn v. Safe Deposit & Trust Co., 233 U.S. 24 (1914)

De Bearn v. Safe Deposit & Trust Company

No. 301

Argued March 17, 18, 1914

Decided April 6, 1914

233 U.S. 24


This Court takes judicial notice of its own records, and, if not res judicata, may, on the principles of stare decisis, examine and consider decisions in former cases affecting the consideration of one under advisement, Bienville Water Supply Co. v. Mobile, 186 U. S. 212. It may take judicial notice of its own records in regard to proceeding formerly had by a party to a proceeding before it. Dimmick v. Tompkins, 194 U. S. 194.

It appearing from the records of this Court that the constitutional questions alleged as the sole basis for a direct review of the judgment of the district court have been heretofore decided to be so wanting in merit as not to afford ground for jurisdiction, the appeal in this case is dismissed.

It is in the interest of the Republic that litigation should come to an end.

In this case, the state court has sustained attachments as authorized by state law.

It is within the power of the state to authorize a foreign creditor to attach bonds within the state deposited under directions of the state court in the exercise of its lawful powers, and which cannot be removed from the state without the authority of the state court.

Even though such bonds may have been registered by a prior order of the state court, it may be the duty of that court under the state law to remove such registry in order to protect attaching creditors.

An owner of bonds deposited in a safe deposit vault under an order of the state court held in this case not to have been deprived of his property without due process of law by the attachment of such bonds under process issued by the state court in accordance with the law of the state as determined by its highest court.

The facts, which involve the jurisdiction of this Court of direct appeals from the district court on constitutional questions, are stated in the opinion.

Page 233 U. S. 26

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