Mergenthaler Linotype Co. v. Davis

Citations

• 251 U.S. 256
• 40 S. Ct. 133
• 64 L. Ed. 255
• 1920 U.S. LEXIS 1733

Syllabus

<p>The' Supreme Court of Missouri, exercising by certiorari its superintending control under the state constitution, quashed a judgment of affirmance by the Court of Appeals, because inconsistent with a prior decision,of the Supreme Court, and remanded the cause to the Court of Appeals for decision. Held, that a second judgment of the latter court reversing and disposing of the cause was directly reviewable by this court, under Jud. Code, § 237, there being no opportunity for further review by the Supreme Court of the State. P. 258.</p> <p>A federal question first presented to the state court by a petition for rehearing which was overruled without more, is not a basis for review in this court. Id.</p> <p>A claim that a lease contract was made in interstate commerce and was therefore not subject to state statutes, does not sufficiently challenge their validity, but asserts at most a “title, right, privilege, or immunity” under the Constitution, which might afford ground for certiorari, but not for writ of error, under Jud. Code, § 237, as amended. P. 259.</p> <p>Writ of error to review 271 Missouri, 475, dismissed.</p>