Supreme Court of the United States, 1891

Hammond v. Johnston

Supreme Court of the United States · Decided December 14, 1891 · Fuller

142 U.S. 73; 12 S. Ct. 141; 35 L. Ed. 941; 1891 U.S. LEXIS 2568 (United States Reports)

Opinion

Mr. Chief Justice Fuller,

after stating the case, delivered the opinion of the court.

It is well settled that where the Supreme Court of a State decides a Federal question in rendering a judgment, and also decides against the plaintiff in error upon an independent grpund not involving a Federal question and broad enough to maintain the judgment, the writ of error will be dismissed without considering the Federal question. Hopkins v. McLure, 133 U. S. 380; Hale v. Akers, 132 U. S. 554; Henderson Bridge Co. v. Henderson City, 141 U. S 679.

Tested by this rule,

The writ of error must be dismissed, and it is so ordered.

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