McMillen v. Ferrum Mining Co.

Citations

• 197 U.S. 343
• 25 S. Ct. 533
• 49 L. Ed. 784
• 1905 U.S. LEXIS 1183

Syllabus

<p>Where the Federal question is not raised until the petition for rehearing to the highest court of the State, it is too late to give' this court jurisdiction under Rev. Stat. § 709, to review a writ of error unless the court grants the rehearing and then proceeds to' pass upon the question.</p> <p>Where in all the state courts the question was treated as one of local law, the fact that the suit was brought under Rev. Stat. § 2326, to try adverse rights to a mining claim, does not necessarily involve a. Federal question so as to authorize a writ of error from this court.</p>