the appointment of the trustees was void was one arising under the laws of the United States within the meaning of § 24, Judicial Code, and the decision of the Circuit Court of Appeals is not final. Although there may be a general prayer for relief if no relief other than injunction against prosecution of a suit in the state court is brought to the attention of either the District Court or the Circuit Court of Appeals, the general prayer should be treated as aban- doned. Ib.
3. Of direct appeal from District Court under § 238, Judicial Code; in- volution of construction of treaties with Indians. Where complainant's entire case rests on the construction of treaties with Indians in regard to reservations and on the claim that cer- tain of such treaties have been repealed by the subsequent admis- sion of the Territory within which the reservations are situated, this court has jurisdiction of a direct appeal from the District Court under § 238, Judicial Code. Johnson v. Gearlds, 422.
4. On direct appeal from District Court under § 238, Judicial Code; scope of consideration.
On a direct appeal under § 238, Judicial Code, from a judgment of the District Court dismissing the bill for want of jurisdiction on the ground that neither of the parties was a resident of that district and that the suit was one that could only be brought in a district in which one of the parties resided, this court is only concerned with the jurisdiction of the District Court as a Federal court; whether appellant is entitled to the relief sought is not a jurisdic- tional question in the sense of § 238. Louisville & Nashville R. R. Co. v. Western Union Tel. Co., 369.
5. On direct appeal from District Court under § 238, Judicial Code; ques- tion open.
When the matter in controversy is of the requisite value and diverse citizenship exists, the question is simply whether the case is cog- nizable in the particular District Court in which the case is brought. Ib.
6. Of direct appeal from District Court under § 238, Judicial Code; involu- tion of constitutional question.
A case otherwise within the jurisdiction of the District Court of the United States and reviewable in the Circuit Court of Appeals is not a case which may come direct to this court under § 238, Judicial Code, merely because in the course of the case a question has arisen as to whether a change in decision of the state court as to the effect
and scope of a state statute amounts to an impairment of the ob- ligation of a contract. Moore-Mansfield Co. v. Electrical Co., 619.
7. To review judgment of state court; when judgment rested on non-Federal grounds sufficient to sustain it.
Denial of full faith and credit to the statutes of another State cannot be made the basis of review by this court where it appears that the court below reached the same result that plaintiff contended for on grounds wholly independent of the Federal question and sufficient to sustain its action. Manhattan Life Ins. Co. v. Cohen, 123.
8. To review judgment of state court involving question of extraterritoriality of its laws.
There is a clear distinction between questions concerning the operation
and effect of the law of a State within its borders and upon the con- duct of persons within its jurisdiction, and questions concerning the right of the State to extend its authority beyond its borders with the same effect; and a decision upon the former does not constitute a ground for refusing to entertain a writ of error to review the judg- ment of the state court involving the latter. New York Life Ins. Co. v. Head, 149, 166.
9. To review judgment of state court in case transferred from territorial court.
Under §§ 32 and 33 of the Arizona Enabling Act of June 20, 1910, the judgment of the state court in a case transferred to it from the territorial court is not reviewable by this court simply because it was pending in the territorial court at the time of the Enabling Act; such a judgment can only be reviewed by this court where a Federal question exists to give jurisdiction as in the case of judg- ments from the courts of other States. Van Dyke v. Cordova Cop- per Co., 188.
10. To review judgment of state court; when Federal question sufficiently raised.
Although the state appellate court may not have referred to the con- stitutional questions in its opinion, this court cannot regard such silence as a condemnation of the time at, or manner in which, those questions were raised; and, if the record shows that they were raised in that court, this court has jurisdiction. International Har- vester Co. v. Missouri, 199.
11. To review judgment of state court; when Federal question raised too late. Attempts to inject Federal questions into the record by filing amended
pleadings after the case has been remanded by the appellate court come too late to lay the foundation for review by this court, Mutual Life Insurance Co. v. Kirchoff, 169 U. S. 103, except so far as the ap- pellate court gives consideration to, and passes upon, such ques- tions when the case again comes before it. (Miedreich v. Lauen- stein, 232 U. S. 236.) Louisville & Nashville R. R. Co. v. Higdon, 592.
12. To review state court's finding as to navigability of river wholly within State.
The question of navigability of a river wholly within a State is purely one of fact, and where the state court has decided that such a river is non-navigable there is no right left to review. Illinois v. Econ- omy Power Co., 497.
13. To review state court's finding as to navigability of river wholly within State; status of State.
A State has no Federal rights which it may exert for itself or on behalf of its citizens or of all the citizens of the United States in regard to a river wholly within its boundaries which the highest court of the State has declared to be non-navigable; nor are any such rights created by acts of Congress merely authorizing surveys for and esti- mates of cost of, improvements and not actually authorizing or appropriating for the same. Ib.
14. To review judgment of state court in suit against foreign corporation; scope of review.
Where the state court has denied a motion to quash the service of process on a foreign corporation, and has also held that the statute on which the action is based is not unconstitutional, both the ques- tion of validity of the service and that of the constitutionality of the act are before this court for review. International Harvester Co. v. Kentucky, 589.
15. To review judgment of state court; involution of Federal question. Motion to dismiss a writ of error to the state court to review a judg-
ment in an action under the Employers' Liability Act in which the construction of the Safety Appliance Acts was involved, denied. Southern Ry. Co. v. Crockett, 725.
16. To review judgment of state court; questions not reviewable. A mere error of law not involving a Federal question and committed in the exercise of jurisdiction by giving conclusive effect to a judg- ment rendered in another State affords no opportunity for a review in this court. Roller v. Murray, 738.
17. To review judgment of state court under § 237, Judicial Code; involu-
tion of Federal question.
Where the effect of the judgment of another State dissolving an in- junction as res judicata is denied on the ground that it is not a final decree, if the contention that a final decree was subsequently ren- dered which concluded the merits was not presented to the court, there is no basis for review in this court under § 237, Judicial Code, on the ground that full faith and credit was not given to the original judgment. Ib.
18. Under § 237, Judicial Code; raising Federal question; controlling ef- fect of state practice.
In order that the denial of a Federal right may be the basis of reviewing the judgment of the state court, the claim of Federal right must be made in the state court in the manner required by the state prac- tice, and unless there is an unwarranted resort to rules of practice by the state court to evade decision of the Federal question, this court will not review the judgment. Louisville & Nashville R. R. Co. v. Woodford, 46.
19. Under § 237, Judicial Code; denial of Federal right; what constitutes. Raising the Federal claim of right on motion for new trial is not suffi-
cient unless the court actually passes upon and denies the claim; and a decision by the appellate court that the Federal claim was not properly raised is not a denial of the Federal right but merely an enforcement of a rule of state practice. Ib.
20. Under § 237, Judicial Code; what constitutes denial of Federal right. Where the judgment of a state court rests upon an independent ground
not only adequate to sustain it but in entire harmony with an as- serted Federal right, there is no denial of that right in the sense contemplated by § 237 of the Judicial Code, and the writ of error will be dismissed. New Orleans & N. E. R. Co. v. National Rice Co., 80.
21. Under § 237, Judicial Code; what constitutes denial of Federal right. Where the initial carrier sets up the Carmack Amendment and also
denies negligence, but the state court finds from conflicting evi- dence that the loss was occasioned by the negligence of the con- necting carrier, the judgment rests on that finding as an independ- ent ground, and this court has not jurisdiction. Ib.
22. Under § 237, Judicial Code; what constitutes denial of Federal right; estoppel of defendant.
Plaintiff, an injured employé of an interstate common carrier by rail,
sued for personal injury, alleging that he was employed in inter- state commerce, and stating a good cause of action under the Fed- eral Employers' Liability Act, if so employed, and, if not, under the state law; the defendant asked for an instruction that the proof did not show that the injury occurred in interstate commerce, which the court gave, and then, over defendant's objection, treated the allegation to that effect as eliminated from the declaration and submitted the case to the jury as one under the state law, and plaintiff had a verdict. Held, that defendant having asked for the instruction that the case could not be maintained under the Fed- eral act, was bound thereby, and, therefore, was denied no right under the Federal law by the action of the state court, and the writ of error must be dismissed. Wabash R. R. Co. v. Hayes, 86.
23. Under § 237, Judicial Code; what constitutes denial of Federal right. Where the state court treats a mistaken allegation that the injury occurred in interstate commerce as eliminated, it merely gives effect to a rule of local practice and does not deprive defendant of any Federal right. Ib.
24. Under § 237, Judicial Code; what constitutes denial of Federal right; quære as to.
Quare, as to what the effect would be if the shift from a claim under the Federal act to one under the state law cut the defendant off from presenting a defense open under the latter or deprived him of a right of removal. Ib.
25. Under § 237, Judicial Code; when Federal question sufficiently in- volved.
Although plaintiff in error, after setting up a Federal defense in the trial court, may not have based any exceptions upon the failure of that court to recognize it, if the appellate court did recognize, and by its decision necessarily overruled, that defense, this court must deal with the Federal question. (North Carolina R. R. v. Zachary, 232 U. S. 248.) Carlson v. Curtiss, 103.
26. Under § 237, Judicial Code; when Federal question raised on petition for reargument in appellate court.
Where the trial court did not infringe any Federal right of plaintiff in
error, but the decision of the appellate court ran counter to the al- leged Federal right which was raised on petition for reargument and specifically passed on and overruled in refusing the reargument, this court has jurisdiction under § 237, Judicial Code, to review the judgment. Grannis v. Ordean, 385.
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