San Francisco City and County v. Itsell

133 U.S. 65, 10 S. Ct. 241, 33 L. Ed. 570, 1890 U.S. LEXIS 1890

• Court: Supreme Court of the United States
• Decided: January 20, 1890
• Docket: 1506
• Status: Published

Opinion

Me.: Justice Geat,

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

.This court has.no jurisdiction to review a judgment of the highest- court of a State, unless- a federal question has been, either in express terms Or-by necessary effect, decided by that court against -the plaintiff in error. Rev. Stat. § 709; New Orleans Waterworks v. Louisiana Sugar Refining Co., 125, U. S. 18; De Saussure v. Gaillard, 127 U. S. 216; Hale v. Akers, 132 U. S. 554.

In the'present case, the record of the pleadings, findings of fact and judgment shows that it was unnecessary for that court to decide, and its opinion filed in the case and copied in the record shows that it did not decide, any question against the plaintiff in error, except the issue whether the former judgment rendered against it and in favor of the grantor of the defendants in error was a bar to this action. That was a question of general law only, in nowise depending upon the Constitution, treaties or statutes of the United States. Chouteau v. Gibson, 111 U. S. 200.

Writ of error dismissed for want of jurisdiction.