Atlantic Coast Line R. Co. v. Mims, 242 U.S. 532 (1917)

ERROR TO THE SUPREME COURT

OF THE STATE OF SOUTH CAROLINA

Syllabus

This Court is without jurisdiction to review a judgment of a state court under Rev.Stats., § 709, Jud.Code, § 237, upon the ground that a federal right was denied when the claim of federal right relied on was refused consideration in that court because it was not asserted at a proper time or in a proper manner under the established state system of pleading and practice.

The decision of the state court that a claim of federal right was not so presented is binding on this Court when not rendered in a spirit of evasion for the purpose of defeating the federal right.

In accordance with the foregoing principles, a party desiring to secure the benefits of the Federal Employers’ Liability Act in an action in a state court must claim them in apt time and in an appropriate manner under the state rules of pleading and practice.

Writ of error to review 100 S.C. 375 dismissed.

The case is stated in the opinion.