United States Supreme Court Cases & Opinions

U.S. Supreme Court

Louisiana Navigation Co., Ltd. v. Oyster Commission, 226 U.S. 99 (1913)

Louisiana Navigation Company, Limited v.

Oyster Commission of Louisiana

No. 40

Argued November 6, 1912

Decided December 2, 1912

226 U.S. 99

Syllabus

This Court cannot be called upon to review the action of the state court by piecemeal, and even if the judgment does finally dispose of some elements of the controversy, unless it is final on its face as to the entire controversy, this Court will not review it.

On the question of finality, the form of the judgment is controlling, and that form cannot be disregarded in order to ascertain whether the judgment is a final one according to state law.

This Court has the power and duty when reviewing the final judgment of a state court to pass on all federal controversies in the cause irrespective of how far such questions were concluded by the state law during the litigation and before a final judgment reviewable here was rendered.

The dismissal of the writ of error for want of finality of the judgment in this case is on the presumption that the case otherwise involves federal questions reviewable by this Court.

Writ of error to review 125 La. 740 dismissed.

The facts, which involve the jurisdiction of this Court of writs of error to state courts, and what constitutes a final judgment reviewable by this Court, are stated in the opinion.

Page 226 U. S. 100