Gorman v. Washington University, 316 U.S. 98 (1942)

Gorman v. Washington University


No. 711


Argued April 2, 1942
Decided April 27, 1942
316 U.S. 98

CERTIORARI TO THE SUPREME COURT OF MISSOURI

Syllabus

1. This Court is without jurisdiction to review a decision by a State court which is not the highest court of the State in which a decision could be had. Jud.Code § 237(b). P. 99.

2. Under the constitution of Missouri and the Rules of the State Supreme Court, a judgment of a division of that court in case involving a federal question is susceptible of review by the full court sitting en banc. P. 99.

This Court is without jurisdiction to review such a judgment unless the petitioner has first applied for review of the judgment by the full court sitting en banc.

3. Upon application to this Court for review of the judgment of a state court, it is the petitioner’s burden to show affirmatively that this Court has jurisdiction. P. 101.

348 Mo. 310, 153 S.W.2d 35, writ dismissed.

Certiorari, 314 U.S. 604, to review a judgment which affirmed a judgment enjoining the collection of a tax.