Butler v. Gage

Citations

• 138 U.S. 52
• 11 S. Ct. 235
• 34 L. Ed. 869
• 1891 U.S. LEXIS 2061

Syllabus

<p>It is to be presumed that when a writ of error is filed here from Colorado, signed (the Chief Justice being-absent) by a judge who styles himself “ Presiding judge of the Supreme Court” of that State, that he acts in that capacity in the absence of the Chief Justice, and in accordance with the provisions of the Constitution of the State, and that the writ was properly allowed.</p> <p>The petition for a writ of error is not part of the record on which this court acts.</p> <p>When a case is presented for the determination of the highest court of a State without a suggestion that a Federal question is involved, and after, .decision a petition for a rehearing, containing no such suggestion, is presented and denied, a denial of a motion for further oral argument in which such a claim is for the first time set up does not necessarily involve the decision of a Federal question.</p>