CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


SIMMERMAN V. NEBRASKA, 116 U. S. 54 (1885)

Subscribe to Cases that cite 116 U. S. 54 RSS feed for this section

U.S. Supreme Court

Simmerman v. Nebraska, 116 U.S. 54 (1885)

Simmerman v. Nebraska, 116 U.S. 54 (1885)

Submitted December 3, 1885

Decided December 7, 1885

116 U.S. 54

ERROR TO THE SUPREME COURT

OF THE STATE OF NEBRASKA

Syllabus

This Court is without jurisdiction over a case brought here on error from a state court unless it appears in the record that the federal question was raised in that court before the entry of a final judgment in the case.

This was a motion to dismiss the writ of error for want of jurisdiction.

MR. JUSTICE WAITE delivered the opinion of the Court.

It nowhere appears from this record, either in the application for a change of venue or in the objections to the admissibility of evidence, to the charge of the court as given, or to the refusals to charge as requested, or in the motion for a new trial, the assignment of errors in the supreme court of the state, or the opinion filed in that court, that any federal question was actually presented for consideration, or in any way relied on, before the final judgment from which the writ of error has been taken. Such being the case, we cannot take jurisdiction. Detroit Railway Co. v. Guthard, 114 U. S. 134; Brown v. Colorado, 106 U. S. 95. The fact that after the final judgment, and in the petition for a writ of error to this Court, which seems to have been treated also as a petition for rehearing, a federal question was presented is not enough. It was so decided in Susquehanna Boom Co. v. West Branch Boom Co., 110 U. S. 57. As we said in that case:

"We act on the case as made to the court below when the judgment was rendered, and cannot incorporate into the record any new matter which appears for

Page 116 U. S. 55

the first time after the judgment on a petition for rehearing. Such a petition is no part of the record on which the judgment rests."

The motion to dismiss for want of jurisdiction is granted.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED