This Court is without jurisdiction over a case brought here on
error from a state court unless it appears in the record that the
federal question was raised in that court before the entry of a
final judgment in the case.
This was a motion to dismiss the writ of error for want of
jurisdiction.
MR. JUSTICE WAITE delivered the opinion of the Court.
It nowhere appears from this record, either in the application
for a change of venue or in the objections to the admissibility of
evidence, to the charge of the court as given, or to the refusals
to charge as requested, or in the motion for a new trial, the
assignment of errors in the supreme court of the state, or the
opinion filed in that court, that any federal question was actually
presented for consideration, or in any way relied on, before the
final judgment from which the writ of error has been taken. Such
being the case, we cannot take jurisdiction.
Detroit Railway
Co. v. Guthard, 114 U. S. 134;
Brown v. Colorado, 106 U. S. 95. The
fact that after the final judgment, and in the petition for a writ
of error to this Court, which seems to have been treated also as a
petition for rehearing, a federal question was presented is not
enough. It was so decided in
Susquehanna Boom Co. v. West
Branch Boom Co., 110 U. S. 57. As we
said in that case:
"We act on the case as made to the court below when the judgment
was rendered, and cannot incorporate into the record any new matter
which appears for
Page 116 U. S. 55
the first time after the judgment on a petition for rehearing.
Such a petition is no part of the record on which the judgment
rests."
The motion to dismiss for want of jurisdiction is
granted.
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