Atlantic Coast Line Railroad v. Mims

Citations

• 242 U.S. 532
• 37 S. Ct. 188
• 61 L. Ed. 476
• 1917 U.S. LEXIS 2172

Syllabus

<p>This court is without jurisdiction to review a judgment of a state court under Rev. Stats., § 709, Jud. Code, § 237, upon the ground that a federal right was denied, when the claim of federal right relied on was refused consideration in that court because it was not asserted at a proper time or in a proper manner under the established state system of pleading and practice.</p> <p>The decision of the state court that a claim of federal right was not so presented is binding on this court when not rendered in a spirit of evasion for the purpose of defeating the federal right.</p> <p>In accordance with the foregoing principles, a party desiring to secure the benefits of the Federal Employers’ Liability Act in an action in a state court, must claim them in apt time and in an appropriate manner under the state rules of pleading and practice.</p>