Preston v. City of Chicago

Citations

• 226 U.S. 447
• 33 S. Ct. 177
• 57 L. Ed. 293
• 1913 U.S. LEXIS 2247

Syllabus

<p>Whether a state officer is -within the classified service and not subject to removal under the Civil Service Act of the State is a matter for the state court to determine, and its ruling is binding upon this court and presents no Federal question. Taylor v. Beckham, 178 U. S. 548.</p> <p>Where the judgment of the state court rests upon non-Federal questions sufficient to support it, such as laches and long delay, this court cannot review the judgment upon the ground that a Federal question also exists. Moran v. Horsky, 178 U. S. 205.</p> <p>In a proceeding specifically for mandamus to restore petitioner to a state office over which, this court has no jurisdiction, it cannot consider any rights which petitioner may have in á fund of which he may be deprived without due process of law, and the judgment dismissing for want of jurisdiction does not conclude his rights in that respect.</p>