Preston v. Chicago
226 U.S. 447 (1913)

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U.S. Supreme Court

Preston v. Chicago, 226 U.S. 447 (1913)

Preston v. Chicago

No. 195

Submitted December 16, 1912

Decided January 6, 1913

226 U.S. 447

Syllabus

Whether a state officer is within the classified service and not subject to removal under the Civil Service Act of the state is a matter for the state court to determine, and its ruling is binding upon this Court and presents no federal question. Taylor v. Beckham,178 U. S. 548. Where the judgment of the state court rests upon nonfederal questions sufficient to support it, such as laches and long delay, this Court cannot review the judgment upon the ground that a federal question also exists. Moran v. Horsky,178 U. S. 205.

In a proceeding specifically for mandamus to restore petitioner to a state office over which this Court has no jurisdiction, it cannot consider

Page 226 U. S. 448

any rights which petitioner may have in a fund of which he may be deprived without due process of law, and the judgment dismissing for want of jurisdiction does not conclude his right in that respect.

Writ of error to review 246 Ill. 26 dismissed.

The facts, which involve the jurisdiction of this Court to review judgments of the state court by writ of error, are stated in the opinion.

Page 226 U. S. 449

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