Wedding v. Meyler, 192 U.S. 573 (1904)

Wedding v. Meyler


No. 175


Argued January 14, 16, 1904
Decided February 23, 1904
192 U.S. 573

ERROR TO THE WARREN CIRCUIT
COURT OF THE STATE OF KENTUCKY

Syllabus

Under the statute passed in 1789 by Virginia, known as the "Virginia Compact," and the act of Congress of February 4, 1791, c. 4, 1 Stat. 189, making Kentucky a state, the State of Indiana has concurrent jurisdiction, including the right to serve process, with Kentucky on the Ohio River opposite its shores below low water mark. An Indiana judgment dependent for its validity upon a summons served on that part of the river is entitled to full faith and credit when sued upon in another state. The effect of the above-mentioned acts in giving jurisdiction to Indiana is a federal question.

Where a decision by the state court of the federal question appears to have been the foundation of the judgment, a writ of error lies.

The writ of error runs to a lower court when the record remains there, and the judgment has to be entered there after a decision of the question of law involved by the highest court of the state.

The facts are stated in the opinion.