Jacks v. Helena
Jacks v. Helena
Opinion
delivered the opinion of the court. These motions are granted-on the authority of Detroit City Railway Co. v. Guthard, 114 U. S. 133, and the cases there cited. It appears distinctly on the face of the opinion of the court below, which, by the laws of Arkansas, forms part of the record, Rev. Stat. Ark. 1884, § 1318 [Gannt’s Dig. (1874) §§ 1108,1109], that the decision of the case -was put, and properly put, on a ground which did not involve a consideration of the Federal question that may possibly have, been presented by one of the several defences set up in the answer of the city, to wit: that the Constitution of 1S74 prohibited the issue of the-bonds in dispute. In fact, it is intimated in the opinion, that, if the case had rested on this defence alone, the judgment would have been the other way.
Dismissed.
Reference
- Full Case Name
- Jacks v. Helena; Same v. Same
- Cited By
- 4 cases
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- Syllabus
- When, it distinctly appears on the face of an opinion of a State court, which by a law of the State forms part of the record, that the decision below was properly put upon á ground that did not involve a Federal question, although such question was raised there, this court has no jurisdiction in error over the judgment. Detroit City Railway Co. v. Gutho/rd, 114 IT. S. 133, cited and followed.