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Morganthaler Linotype Co. v. Davis, 251 U.S. 256 (1920)

Morganthaler Linotype Company v. Davis

No. 12

Motion to dismiss submitted December 8, 1919

Decided January 5, 1920

251 U.S. 256


The Supreme Court of Missouri, exercising by certiorari its superintending control under the state constitution, quashed a judgment of affirmance by the court of appeals because inconsistent with a prior decision of the supreme court, and remanded the cause to the court of appeals for decision. Held that a second judgment of the latter court reversing and disposing of the cause was directly reviewable by this Court under Jud.Code, § 237, there being no opportunity for further review by the supreme court of the state. P. 251 U. S. 258.

A federal question first presented to the state court by a petition for rehearing which was overruled without more is not a basis for review in this Court. Id.

A claim that a lease contract was made in interstate commerce and was therefore not subject to state statutes does not sufficiently challenge their validity, but asserts, at most a "title, right, privilege, or immunity" under the Constitution, which might afford ground for certiorari, but not for writ of error, under Jud.Code § 237, as amended. P. 251 U. S. 259.

Writ of error to review 271 Mo. 475 dismissed.

The case is stated in the opinion.

Page 251 U. S. 257

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