Forbes v. State Council of Virginia, 216 U.S. 396 (1910)

Forbes v. State Council of Virginia

No. 104

Argued January 25, 1910
Decided February 21, 1910
216 U.S. 396

ERROR TO THE SUPREME COURT OF APPEALS

OF THE STATE OF VIRGINIA

Syllabus

An attempt to introduce a federal question into the record for the first time by petition for rehearing is too late unless the state court entertains and in fact passes upon it.

A denial of a petition for rehearing by the state court "after mature consideration" does not amount to any more than a denial of the motion, and does not show that the federal question was considered or passed on. It affords no basis for jurisdiction of this Court on writ of error.

Writ of error to review 107 Va. 853 dismissed.

The facts are stated in the opinion.