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CUYAHOGA RIVER POWER CO. V. NORTHERN REALTY CO., 244 U. S. 300 (1917)

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U.S. Supreme Court

Cuyahoga River power Co. v. Northern Realty Co., 244 U.S. 300 (1917)

Cuyahoga River power Company

v. Northern Realty Company

No. 342

Argued May 8, 9, 1917

Decided June 4, 1917

244 U.S. 300

Syllabus

The Supreme Court of Ohio, after refusing to review a judgment of the Ohio Court of Appeals by certiorari, dismissed a writ of error to the judgment for want of jurisdiction. Held that, under Jud.Code § 237, the writ of this Court ran properly to the court of appeals. Stratton v. Stratton, 239 U. S. 55.

In a controversy in the courts of Ohio over the right of one corporation to condemn land of another, held that the existence of the petitioning corporation, its right to condemn, its inability to agree as to compensation to be paid for the property, and the necessity for the appropriation were matters depending purely on the local law.

It not appearing otherwise whether the judgment of the Ohio Court of Appals was based on provisions of local law or upon a question which was raised under the federal Constitution, semble that the action of the supreme court of the state in dismissing a writ of error to the judgment for want of jurisdiction, upon the express ground that no question under the state or federal constitutions was involved in the judgment, would warrant this Court in concluding that the judgment had a nonfederal basis only.

Where the judgment of a state court may rest upon either a federal or a nonfederal ground, and the basis actually adopted does not appear by the state court's opinion or otherwise, this Court has no jurisdiction to review.

Dismissed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 244 U. S. 301





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