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Chicago, Great Western R. Co. v. Basham, 249 U.S. 164 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Chicago, Great Western R. Co. v. Basham, 249 U.S. 164 (1919)
Chicago, Great Western Railroad Company v. Basham No. 111 Submitted December 19, 1918 Decided March 3, 1919 249 U.S. 164
ERROR TO THE SUPREME COURT
OF THE STATE OF IOWA
Syllabus
Under § 237 of the Judicial Code, as amended by the Act of September 6, 1916, § 2, c. 448, 39 Stat. 726, denial by a state court of rights and immunities claimed under the Federal Employers’ Liability Act affords no ground for review of its judgment by writ of error, but only by certiorari. P. 165.
The words "or otherwise" in the Act of September 6, 1916 (ubi supra), where it grants the discretionary power to review "by writ of certiorari or otherwise," add nothing of substance to the power granted.
Under § 237 of the Judicial Code before and since the amendment of September 6, 1916, a judgment of a state court, to be susceptible of review, must be final. P. 166.
The Act of September 6, 1916, in providing (§ 7) that the right of review under existing laws in respect of judgments entered before it took effect (October 6, 1916) should remain unaffected for six months thereafter, contemplated final judgments ending the litigation in the state supreme court, and a judgment as to which a petition for rehearing has been presented to and entertained and considered by that court does not become final in that sense until the petition is disposed of. Id.
Writ of error to review 178 Ia. 99, dismissed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Chicago, Great Western R. Co. v. Basham, 249 U.S. 164 (1919) in 249 U.S. 164 249 U.S. 165. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=5EMM2JB8FISCLA9.
MLA: U.S. Supreme Court. "Syllabus." Chicago, Great Western R. Co. v. Basham, 249 U.S. 164 (1919), in 249 U.S. 164, page 249 U.S. 165. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5EMM2JB8FISCLA9.
Harvard: U.S. Supreme Court, 'Syllabus' in Chicago, Great Western R. Co. v. Basham, 249 U.S. 164 (1919). cited in 1919, 249 U.S. 164, pp.249 U.S. 165. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=5EMM2JB8FISCLA9.
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