Fashnacht v. Frank

Citations

• 90 U.S. 416

Syllabus

<p>Where in a suit pending before it a State court dissolves an injunction (previously granted by it on an allegation by the mortgagor, that the mortgagee had agreed to give him further time) against proceeding to sell mortgaged premises, under a foreclosure already had, and after such dissolution — the effect of which is, of course, to leave in force a final decree of sale — an alien defendant petitions for a removal into the Circuit Court under the act of July 27th, 1866, “for the removal of causes in certain cases from State courts,” and the State court refuses to grant that petition, the defendant not excepting, and the case is afterwards taken to the Supreme Court on an appeal from the decree dissolving the injunction, no jurisdiction exists here to review the judgment of the Supreme Court under section 709 of the Revised Statutes, and on the ground that a right, title, privilege, or immunity has been claimed under a statute of the United States, and that a decision of the highest court of the State where a decision could be had has been against it. The refusal of the State court to grant a removal under the act of Congress not having been excepted to, and that matter not having been involved in what was before the Supreme Court, its judgment cannot be held to have embraced it, nor indeed anything but the matter of the dissolution of the injunction; a matter which involved no Federal question.</p>