Matthews v. Huwe, 269 U.S. 262 (1925)

Matthews v. Huwe

Nos. 39

, 40

Submitted October 12, 1925
Decided November 30, 1925
269 U.S. 262

ERROR TO THE COURT OF APPEALS

FOR THE FIRST JUDICIAL DISTRICT OF OHIO

Syllabus

1. A decision of a state supreme court dismissing a petition in error to review a judgment of an intermediate court upon the ground that the constitutional question raised, and upon which the jurisdiction of the higher court depended, was not debatable (i.e., was frivolous) is a decision of the merits, so that a writ of error from this Court must go to the supreme court, and not to the intermediate court. P. 263.

2. A writ of error from this Court will not lie to the judgment of an intermediate state court when the supreme court of the state, though lacking jurisdiction through writ of error taken as of right, had discretionary power to review the judgment by certiorari, and the plaintiff in error failed to apply for that remedy. P. 265.

Writs of error dismissed.

Error to decrees of the Court of Appeals of the Ohio in suits to enjoin the collection of special tax assessments. The cases were disposed of here on motions to dismiss the writs of error.