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· 1/31/1910

Cincinnati, New Orleans & Texas Pacific Railway v. Slade

Citations

  • 216 U.S. 78
  • 30 S. Ct. 230
  • 54 L. Ed. 390
  • 1910 U.S. LEXIS 1872

Syllabus

<p>Where the state court decides that, under the law of the State the constitutionality whereof is not attacked, the action of defendant in giving replevy bond and answering amounted to a general appearance and waiver of objection to jurisdiction based^on a Federal ground, the ruling of general appearance rests on a non-Federal ground sufficient to sustain it and cannot be reviewed by this court.</p> <p>Where plaintiff in error did not set up in the state court the contention that the contract of interstate shipment should be construed according to the act of Congress regulating' interstate shipments instead of by the law of the State where made', but on the contrary, contended that it should be construed by the law of the State of destination and trial of the case, the record presents no Federal question properly set up in tie court below that can be considered by this court.</p>

Judges: White

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