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Kansas City Star Co. v. Julian

U.S.
Dec 6, 1909
215 U.S. 589 (1909)

Opinion

ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI.

No. 85.

Motion to dismiss or affirm submitted November 29, 1909. Decided December 6, 1909.

Where the Federal question is first raised in the petition to the highest court of the State for rehearing it is too late. Loeber v. Schroeder, 149 U.S. 580. Where the judgment of the state court rests on non-Federal grounds broad enough to sustain it this court cannot review it under § 709, Rev. Stat. Writ of error to review, 209 Mo. 35, dismissed.

Mr. Isaac N. Watson, Mr. Hannis Taylor, Mr. Wash. Adams and Mr. Frank Hagerman, for the plaintiff in error.

Mr. John H. Atwood, Mr. O.H. Dean and Mr. Ira Julian, for the defendant in error.


Writ of error dismissed for want of jurisdiction. Sayward v. Denny, 158 U.S. 180; Mutual Life Ins. Co. v. McGrew, 188 U.S. 291, 307, 308; State v. Bland, 186 Mo. 691, 701, Oxley Stave Co. v. Butler County, 166 U.S. 648, 653; case below, 209 Mo. 35.

The attention of the state Supreme Court was not called to any Federal question until in the petition for rehearing, and that was too late. Loeber v. Schroeder, 149 U.S. 580, 585, and cases.

The judgment rested on non-Federal grounds broad enough to sustain it. 209 Mo. 35; Cincinnati Street Ry. Co. v. Snell, 193 U.S. 30; Hammond Packing Co. v. Arkansas, 212 U.S. 322.


Summaries of

Kansas City Star Co. v. Julian

U.S.
Dec 6, 1909
215 U.S. 589 (1909)
Case details for

Kansas City Star Co. v. Julian

Case Details

Full title:KANSAS CITY STAR COMPANY v . JULIAN

Court:U.S.

Date published: Dec 6, 1909

Citations

215 U.S. 589 (1909)

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