Skip to main content
· 4/6/1914

Metzger Motor Car Co. v. Parrott

Citations

  • 233 U.S. 36
  • 34 S. Ct. 575
  • 58 L. Ed. 837
  • 1914 U.S. LEXIS 1267

Syllabus

<p>Where, since the judgment of the United States District Court was obtained the highest court of the State has declared the state statute on which the case was brought to be unconstitutional under the state constitution, and there is no right to recover in the absence of statute, it is the obvious duty of this court to reverse the judgment.</p> <p>While this court must decide for itself whether a state statute is repugnant to the Federal Constitution, it must accept the ruling of the state court as to the repugnancy of that statute to the state constitution. This court cannot treat as existing a state statute which the court of last resort of that State has held cannot be enforced compatibly with the state constitution.</p> <p>The highest court of Michigan having, since the judgment herein was rendered below held the provisions of the Vehicle Law of that State ' on which this action was based Void under the state constitution, this court must regard’ such law as non-existent and reverse the judgment which'was based solely thereon.</p>

Judges: White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.