Journal of Social Science : Containing the Transactions of the American Association 42

Cover Journal of Social Science : Containing the Transactions of the American Association 42
Journal of Social Science : Containing the Transactions of the American Association 42
American Social Science Association
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Teasley, 136 Ala. 228 (1903). t Gilts v. Teasleyy 193 U. S. 146 (1904).
58 AMERICAN SOCIAL SCIENCE ASSOCIATION court, certain propositions . . . are well settled, among others, ... it must appear from the record, by clear and necessary intendment, that the Federal question was directly involved so that the State court could not have given judgment without deciding it.* It is equally well settled that, if the decision of a State court rests on an independent ground, — one which does not necessar
...ily include a determination of the Federal right claimed, — or upon a ground broad enough to sustain it without deciding the Federal question raised, this court has no jurisdiction to review the judgment of the State court.
He then observed that the Federal right for which the plain- tiff evidently sought protection was that secured by the Fif- teenth Amendment, and said : — But in the present case the State court has not sustained the right of the State to thus abridge the constitutional rights of the plaintiff.


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