delivered the opinion of the court.
Sеction 7855, Bums’ Anno. Indiana Statutes, 1914, provides: "A married woman shall not enter into any contract of suretyship, whether as indorser, guarantor, or in any other manner; and such contract, as to her, shall be void.” Relying upon this, dеfendant, in error sued to recover a certificate of National Bank stock issued in her ñame and held by plaintiff in error bank as security for .her husband’s indebtedness. The bank defended upon the theory that exerсising rights given by § 12 of the National Bank Act (13 Stat. 102; Rev. Stats., § 5139) she transferred the stock to her husband and in turn he had hypothecated it to secure ids personal note. Being of the opinion that the National Bams: 'Act did not inhibit an inquiry concerning all the circumstances, the trial court permitted introductiоn of proof to tnat end; the jury found the bank had knowledge of facts suffiсient to charge it with notice that the transaction amounted to a contract of suretyship by the wife; and judgment, in her favor was affirmed by .the Stаte Supreme Court. A petition to rehear was overruled May 18, 1917, and at that time the judgment below became final for purposes of reviеw here.
Andrews
v.
Virginian
Ry.
Co.,
The Act of Seрtember 6, 1916, c. 448, 39 Stat. 726, 727, 728, limited our power to review judgments or dé-., crees in state courts which became final subsequent to date when it went into effeсt (October 6, 1916), upon writs of error, ,to those cases "where is drawn in questiоn the validity of a treaty or statute of, or an authority exercised undеr the United States, and the decision is against their validity; or where is drawn in questiоn the *450 validity of a statute of,. or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws оf the United States, and the decision is in favor of their validity.” It also authorized this court to bring up for review and determination by certiorari “any cаuse wherein a final judgment or decree has been rendered or passed by the highest court of a State in which a decision could be hаd, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is in favor of their validity; or where is drawn in question the validity of a statute of, ■ or an authority exercised under any State, on the ground of their being repugnant to the Constitutiоn, treaties, or laws of the United States, and the decision is against their validity.” And it further distinctly directed .that except as to wits of certiorari addressed to the Supreme Court of the Philippine Islands “no wit of error, aрpeal, or wit of certiorari intended to bring up any cause for rеview by the Supreme Court shall be allowed or entertained unless duly aрplied for within three months after entry of the judgment or decree complained of.” Where a petition for rehearing is entertained thе judgment does not become final for purposes of our review until such petition has been deified or otherwise- disposed of and the three months’ limitation begins to run' from date of such denial or other disposition.
, Plaintiff in error presented its petition here for a wit of certiorаri touring up the present cause April 15, 1918; this was denied April 22, 1918. Manifestly, the ápрlication was not within the prescribed time.
An examination of the reсord shows that in the courts below there was not really drawn in question
(Wilson
v.
North Carolina,
■Dismissed.