Chesapeake & Ohio Ry. Co. v. McDonaldAnnotate this Case
214 U.S. 191 (1909)
U.S. Supreme Court
Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909)
Chesapeake and Ohio Railway Company v. McDonald
Argued April 19, 1909
Decided May 17, 1909
214 U.S. 191
The federal question must be properly and seasonably set up in the state court in order to give this Court jurisdiction to review under § 709, Rev.Stat.
Where the state statute provides that an appeal from an order refusing to remove a cause to the federal court must be taken within two years, and no appeal is taken, and the highest court of the state decides that an appeal from the judgment in the case taken more than two years after entry of the order refusing to remove does not bring up that order for review, the federal question has not been properly preserved, and this Court has no jurisdiction.
A federal constitutional objection may be waived so far as having the right of review of a judgment in the state court is concerned where the question is not made in the state court by proper procedure. Harding v. Illinois,196 U. S. 78.
31 Ky. 500, affirmed.
The facts are stated in the opinion.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.