Cincinnati, Hamilton & Dayton Railroad v. Thiebaud

Citations

• 177 U.S. 615
• 20 S. Ct. 822
• 44 L. Ed. 911
• 1900 U.S. LEXIS 1832

Syllabus

<p>A record showing an instruction by the Circuit Court directing a jury that the plaintiff is entitled to recover in his action under a state law, upon which the plaintiff relies for recovery, to which instruction a general exception is'reserved by the defendant, does not disclose a case in which it is claimed that the law of a State is in contravention of the Constitution of the United States, within the meaning of section 5, of the act of March 8, 1891, where the record of the Circuit Court does not affirmatively show that any issue as to the statute was raised by the pleadings, and where the record does not affirmatively show that said exception to said instruction was upon the ground that said statute was in contravention of the Constitution of the United States, or-that the constitutionality of said statute was otherwise presented or considered or passed upon by the Circuit Court.</p> <p>The act of March 3, 1891, does not contemplate several separate appeals or writs of error, on the merits in the same case and at the same time to or ■ from two appellate courts, and the record in No. 271 falls within this rule.</p>