Louisville & Nashville R. Co. v. Woodford, 234 U.S. 46 (1914)

Louisville & Nashville Railroad Company v. Woodford

No. 531

Motion to dismiss submitted March 23, 1914
Decided May 25, 1914
234 U.S. 46

ERROR TO THE COURT OF APPEALS

OF THE STATE OF KENTUCKY

Syllabus

In order that the denial of a federal right may be the basis of reviewing the judgment of the state court, the claim of federal right must be made in the state court in the manner required by the state practice, and unless there is an unwarranted resort to rules of practice by the state court to evade decision of the federal question, this Court will not review the judgment.

Raising the federal claim of right on motion for new trial is not sufficient unless the court actually passes upon and denies the claim, and a decision by the appellate court that the federal claim was not properly raised is not a denial of the federal right, but merely an enforcement of a rule of state practice.

Writ of error to review 152 Ky. 398 dismissed.

The facts, which involve the jurisdiction of this Court under § 237, Judicial Code, are stated in the opinion.