Eastern Building Assn. v. Welling

Citations

• 181 U.S. 47
• 21 S. Ct. 531
• 45 L. Ed. 739
• 1901 U.S. LEXIS 1340

Syllabus

<p>After the Supreme Court of South Carolina had construed the mortgage contract in accord with the claim of the plaintiffs, and gave judgment accordingly, in an application for a rehearing it was set up for the first time that this was in conflict with the Constitution of the United States. Held, that this came too late.</p> <p>The assertion that, although no Federal question was raised below, and although the mind of the state court was not directed to the fact that a right protected by the Constitution of the United States was relied on, nevertheless it is the duty of this court to look into the record, and determine whether the existence of such a claim was not necessarily involved, was unsound, as shown by authority.</p>