Olympia Mining & Milling Co. v. Kerns

Citations

• 236 U.S. 211
• 35 S. Ct. 415
• 59 L. Ed. 542
• 1915 U.S. LEXIS 1752

Syllabus

<p>This court has no jurisdiction under § 237, Judicial Code, to review the judgment of a state court, sustaining a demurrer to the complaint on the ground of statutory limitations, unless the Federal questions asserted as a basis for such jurisdiction were presented or suggested to the court below. Appleby v. Buffalo, 221 U. S. 524.</p> <p>Even if the judgment of dismissal of the complaint was the result of sustaining a demurrer thereto, an express statement in the demurrer that it was based on the statute of limitation affords an opportunity for the plaintiff to assert that a Federal right would be impaired by applying the statute.</p>