Texas & Pacific Railway Co. v. Southern Pacific Co.

Citations

• 137 U.S. 48
• 11 S. Ct. 10
• 34 L. Ed. 614
• 1890 U.S. LEXIS 2062

Syllabus

<p>A title, right, privilege or immunity under the Constitution, or any treaty or statute of the United States, is not properly set up or claimed under Rev. Stat. § 709, when suggested.for the first time in a petition for rehearing, after judgment.</p> <p>The provisions of the Code of Practice of Louisiana in relation to judgments of the Supreme Court of that State, do not require the application of any different rule.</p> <p>Wjhere a decree is entered by a court of the United States, by consent, and in accordance with an agreement, between the parties referred to therein, no title or right claimed under an authority exercised under the' United States is decided against by a State court in determining that the validity of a particular article of such agreement was not in controversy or passed upon in the cause in which the decree was rendered; and in the. instance of a decree similarly entered by a court of one State, due effect to the final judgment of such court is not refused to be given' by a like determination by a court of another State.</p>