Supreme Court of the United States

Hammond v. Johnston

12 S. Ct. 141 · 142 U.S. 73 · 1891 U.S. LEXIS 2568 · 35 L. Ed. 941

December 14, 1891 · Docket 114

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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.