Rust Land & Lumber Co. v. Jackson,
250 U.S. 71 (1919)

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U.S. Supreme Court

Rust Land & Lumber Co. v. Jackson, 250 U.S. 71 (1919)

Rust Land & Lumber Company v. Jackson

No. 171

Argued March 4, 1919

Decided May 19, 1919

250 U.S. 71


The contention that an issue between private parties involving the location of the state boundary was submitted to the jury upon a theory inconsistent with the true principle of decision as laid down by this Court, and that thereby a party was deprived of a right, privilege or immunity claimed under the Constitution and treaties of the United States, will not afford ground for a writ of error to review the judgment of a state court under Jud.Code, § 237, as amended. P. 250 U. S. 73.

The claim that the decision of an original suit between two states pending in this Court for the determination of their common boundary will be determinative of private rights to timber, involved in a case between private parties pending in the supreme court of one of such states, and that a party to the latter case will be entitled to set up such decision when rendered and is entitled to a continuance meanwhile, held, at most, an assertion of a title, right, privilege, or immunity under the federal Constitution, and the refusal of such continuance by the state court held to involve no question as to the jurisdiction of this Court to render a conclusive judgment

Page 250 U. S. 72

in the suit between the states locating their boundary, and hence no question as to the validity of "an authority exercised under the United States" within the meaning of Jud.Code § 237, as amended. P. 250 U. S. 74.

An application for certiorari to review a judgment of a state court cannot be entertained after the three months' period limited by § 6 of the Act of September 6, 1916, has expired. P. 250 U. S. 76.

Writ of error dismissed. Certiorari denied.

The case is stated in the opinion.

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