Olympia Mining & Milling Co., Ltd. v. Kerns, 236 U.S. 211 (1915)

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Olympia Mining & Milling Company, Limited v. Kerns

No. 495

Motion to dismiss or affirm submitted January 25, 1915
Decided February 23, 1915
236 U.S. 211

ERROR TO THE SUPREME COURT

OF THE STATE OF IDAHO

Syllabus

This Court has no jurisdiction under § 237, Judicial Code, to review the judgment of a state court sustaining a demurrer to the complaint on the ground of statutory limitations unless the federal questions asserted as a basis for such jurisdiction were presented or suggested to the court below. Appleby v. Buffalo, 221 U.S. 524.

Even if the judgment of dismissal of the complaint was the result of sustaining a demurrer thereto, an express statement in the demurrer that it was based on the statute of limitation affords an opportunity for the plaintiff to assert that federal right would be impaired by applying the statute.

Writ of error to review 24 Idaho 481 dismissed.

The facts, which involve the jurisdiction of this Court on writ of error under § 237, Judicial Code, to review judgment of the state court sustaining demurrer to and denying complaint, are stated in the opinion.