Arkansas Southern R. Co. v. German National Bank, 207 U.S. 270 (1907)

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Arkansas Southern Railroad Company v. German National Bank

No. 56

Argued November 14, 15, 1907
Decided December 2, 1907
207 U.S. 270

IN ERROR TO THE SUPREME COURT

OF THE STATE OF ARKANSAS

Syllabus

Unless the decision upon a federal question was necessary to the judgment of the state court, or in fact made the ground of it, the writ of error must be dismissed.

Even when an erroneous decision upon a federal question is made a ground of the judgment of a state court, if the judgment is also supported upon another ground adequate, in itself, and containing no federal question, the writ of error must be dismissed.

This Court ordinarily will not inquire whether the decision upon matter not subject to its revision was right or wrong.

Although the state court may refer to and uphold the statute, the constitutionality of which is attacked, if it does so after stating the rule at common law and that the statute is merely declaratory thereof the judgment is based on the common law rule and no federal question exists that this Court can review.

Writ of error to review 92 S.W. 522, dismissed.

The facts are stated in the opinion.