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Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909)
Chesapeake and Ohio Railway Company v. McDonald No. 158 Argued April 19, 1909 Decided May 17, 1909 214 U.S. 191
ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY
Syllabus
The federal question must be properly and seasonably set up in the state court in order to give this Court jurisdiction to review under § 709, Rev.Stat.
Where the state statute provides that an appeal from an order refusing to remove a cause to the federal court must be taken within two years, and no appeal is taken, and the highest court of the state decides that an appeal from the judgment in the case taken more than two years after entry of the order refusing to remove does not bring up that order for review, the federal question has not been properly preserved, and this Court has no jurisdiction.
A federal constitutional objection may be waived so far as having the right of review of a judgment in the state court is concerned where the question is not made in the state court by proper procedure. Harding v. Illinois, 196 U.S. 78.
31 Ky. 500, affirmed.
The facts are stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909) in 214 U.S. 191 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=7J6Z8YMVH93BZI6.
MLA:
U.S. Supreme Court. "Syllabus." Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909), in 214 U.S. 191, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=7J6Z8YMVH93BZI6.
Harvard:
U.S. Supreme Court, 'Syllabus' in Chesapeake & Ohio Ry. Co. v. McDonald, 214 U.S. 191 (1909). cited in 1909, 214 U.S. 191. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=7J6Z8YMVH93BZI6.
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