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CHESAPEAKE & OHIO RY. CO. V. MCDONALD, 214 U. S. 191 (1909)

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U.S. Supreme Court

Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909)

Chesapeake and Ohio Railway Company v. McDonald

No. 158

Argued April 19, 1909

Decided May 17, 1909

214 U.S. 191


The federal question must be properly and seasonably set up in the state court in order to give this Court jurisdiction to review under § 709, Rev.Stat.

Where the state statute provides that an appeal from an order refusing to remove a cause to the federal court must be taken within two years, and no appeal is taken, and the highest court of the state decides that an appeal from the judgment in the case taken more than two years after entry of the order refusing to remove does not bring up that order for review, the federal question has not been properly preserved, and this Court has no jurisdiction.

A federal constitutional objection may be waived so far as having the right of review of a judgment in the state court is concerned where the question is not made in the state court by proper procedure. Harding v. Illinois, 196 U. S. 78.

31 Ky. 500, affirmed.

The facts are stated in the opinion.

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