McDonald v. Oregon R. & Navigation Co., 233 U.S. 665 (1914)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 233 U.S. 658, click here.

McDonald v. Oregon Railroad & Navigation Company

No. 463

Motion to dismiss submitted May 4, 1914
Decided May 25, 1914
233 U.S. 665

ERROR TO THE SUPREME COURT

OF THE STATE OF OREGON

Syllabus

The due process clause of the Fourteenth Amendment does not control methods of state procedure or give jurisdiction to this Court to review mere errors of law alleged to have been committed by a state court in the performance of its duties and within the scope of its authority concerning matters nonfederal in character.

It is the lack of jurisdiction in the sense of fundamental absence of any and all right to take cognizance of the cause that amounts to deprivation of property without due process of law and gives this Court power to review the judgment of the state court under § 237, Judicial Code, not the wrongful exercise of jurisdiction in the sense of duty to rightfully decide subjects to which judicial power extends. Castillo v. McConnico, 168 U.S. 674.

Where a defendant in the state court did not object to the jurisdiction of the court to entertain an action to enjoin him from enforcing his right of ownership, but went further and sought affirmative relief in that action, he cannot be heard in this Court to deny that the court had any power to exert the very jurisdiction which he invoked.

Writ of error to review 58 Or. 228 dismissed.

The facts, which involve the jurisdiction of this Court under § 237, Judicial Code, to review a judgment of the state court involving a railroad right of way, are stated in the opinion.