Chicago, Indianapolis & Louisville Railway Co. v. McGuire

Citations

• 196 U.S. 128
• 25 S. Ct. 200
• 49 L. Ed. 413
• 1905 U.S. LEXIS 884

Syllabus

<p>Where certain fatts from which a Federal question might arise were argued in the state court, but their Federal character was not indicated, they cannot be made the basis of a writ of error.</p> <p>Where a petition to transfer the case to the Supreme Court of the State, which contains a mere suggestion of the violation of a Federal right without any reference to the Constitution of the United States, is denied without opinion, this court may infer that the petition was denied because the constitutional point was not made in the courts below, and if it was considered, the burden to show it is on the plaintiff in error. •</p> <p>It is too late to set up a Federal question for the first time in the petition for writ of error to this court.</p> <p>Because plaintiff in error relied solely for title upon a decree of foreclosure and sale in a Federal court it does not necessarily follow that a Federal question was set up and decided adversely, no statute, state or Federal, or authority thereunder, being called in question.</p>