De Saussure v. Gaillard
127 U.S. 216 (1888)

Annotate this Case

U.S. Supreme Court

De Saussure v. Gaillard, 127 U.S. 216 (1888)

De Saussure v. Gaillard

No. 205

Argued and Submitted April 4, 1888

Decided April 30, 1888

127 U.S. 216

ERROR TO THE SUPREME COURT

OF THE STATE OF SOUTH CAROLINA

Syllabus

It appearing that, before reaching and deciding the federal question discussed here, the Supreme Court of South Carolina had already decided that the plaintiff's action could not be sustained according to the meaning of the provisions of the statute of that state under which it was brought, this Court dismisses the writ of error for want of jurisdiction, under the well settled rule that to give this Court jurisdiction of a writ of error to a state court, it must appear affirmatively not only that a federal question was presented for decision to the highest court of the state having jurisdiction, but that its decision was necessary to the determination of the cause, and that it was actually decided, or that the judgment as rendered could not have been given without deciding it.

When a state grants a right of remedy against itself or against its officers in a case in which the proceeding is in fact against the state, it may attach whatever limitations and conditions it chooses to the remedy, and its own interpretation and application of its statutes on that subject, given by its own judicial tribunals, are conclusive upon the parties seeking the benefits of them.

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