Metzger Motor Car Co. v. Parrott, 233 U.S. 36 (1914)

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

Where, since the judgment of the United States district court was obtained, the highest court of the state has declared the state statute on which the case was brought to be unconstitutional under the state constitution, and there is no right to recover in the absence of statute, it is the obvious duty of this Court to reverse the judgment.

While this Court must decide for itself whether a state statute is repugnant to the federal Constitution, it must accept the ruling of the state court as to the repugnancy of that statute to the state constitution.

This Court cannot treat as existing a state statute which the court of last resort of that state has held cannot to enforced compatibly with the state constitution.

The highest court of Michigan having, since the judgment herein was rendered below, held the provisions of the Vehicle Law of that state on which this action was based void under the state constitution, this Court must regard such law as nonexistent, and reverse the judgment which was based solely thereon.

The facts are stated in the opinion.