United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stratton v. Stratton, 239 U.S. 55 (1915)

Stratton v. Stratton

No. 618

Motion to dismiss or affirm submitted October 25, 1915

Decided November 8, 1915

239 U.S. 55

Syllabus

A judgment of an intermediate appellate state court is not a final judgment of the state court of last resort within the meaning of § 237, Judicial Code, if the highest court of the state has a discretionary power to review which has not been invoked and refused.

The usual practice in the various states where discretionary power to review exists in the highest court of the state is to invoke the exercise of such discretion in order that, upon the refusal to do so, there may be no question concerning the right to review in this Court.

Appeal from a judgment of the Court of Appeals of Ohio dismissed on the ground that, under the Constitution and laws of Ohio the supreme court of the state had a discretionary power of review which had not been invoked and refused.

The facts, which involve the jurisdiction of this Court to review the judgment of a state court under § 237, Judicial Code, are stated in the opinion.