Hulbert v. Chicago, 202 U.S. 275 (1906)

Hulbert v. City of Chicago

No. 248

Submitted April 25, 1906
Decided May 14, 1906
202 U.S. 275

ERROR TO THE SUPREME COURT

OF THE STATE OF ILLINOIS

Syllabus

The mere claim in objections to confirmation of a rule in a proceeding in the county court to confirm an assessment for paving a street that the act under which the assessment was made was unconstitutional as depriving the objector of his process of law, never afterwards brought to the attention of the trial court or of the supreme court of the state, is not a sufficient compliance with § 709, Rev.Stat., in setting up a right under the Constitution of the United States to give this Court jurisdiction to review the judgment on writ of error.

According to the practice of Illinois, an error not assigned is not open to review in the supreme court of the state, and if assigned but not noticed or relied on in the brief or argument of counsel, it will be regarded as waived or abandoned, and this Court will recognize that rule of practice. It is too late to raise the federal question by a statement in the writ of error and petition for citation that constitutional rights and privileges were involved and decided by the highest court of the state against plaintiff in error, even if the chief justice of that court allowed the writ.

The facts are stated in the opinion.