McMillen v. Ferrum Mining Co., 197 U.S. 343 (1905)

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McMillen v. Ferrum Mining Company

No. 185

Argued March 15-16, 1905
Decided April 3, 1905
197 U.S. 343

ERROR TO THE SUPREME COURT

OF THE STATE OF COLORADO

Syllabus

Where the federal question is not raised until the petition for rehearing to the highest court of the state, it is too late to give this Court jurisdiction under Rev.Stat. § 709, to review a writ of error unless the court grants the rehearing and then proceeds to pass upon the question.

Where in all the state courts the question was treated as one of local law, the fact that the suit was brought under Rev.Stat. § 2326 to try adverse rights to a mining claim does not necessarily involve a federal question so as to authorize a writ of error from this Court.

By this writ of error, it is sought to review a judgment of the Supreme Court of Colorado affirming a judgment of the District Court of Lake County in favor of the Ferrum Mining Company in a proceeding brought by the plaintiffs in error under Rev.Stat. § 2326 to determine the right of possession to certain mining grounds, plaintiffs claiming title as owners of the Eulalia Lodge Mining claim and the defendants claiming title to the same ground as the Golden Rod Lodge Mining claim.

The case was tried before the court and a jury, resulting in a verdict and judgment in favor of the defendants, which was affirmed by the supreme court upon the ground that plaintiffs had not complied with either the federal or the state statutes in showing a valid discovery of mineral in their location.