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Stratton v. Stratton, 239 U.S. 55 (1915)
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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.
Stratton v. Stratton, 239 U.S. 55 (1915)
Stratton v. Stratton No. 618 Motion to dismiss or affirm submitted October 25, 1915 Decided November 8, 1915 239 U.S. 55
ERROR TO THE COURT OF APPEALS OF THE SEVENTH
APPELLATE DISTRICT OF THE STATE OF OHIO
Syllabus
A judgment of an intermediate appellate state court is not a final judgment of the state court of last resort within the meaning of § 237, Judicial Code, if the highest court of the state has a discretionary power to review which has not been invoked and refused.
The usual practice in the various states where discretionary power to review exists in the highest court of the state is to invoke the exercise of such discretion in order that, upon the refusal to do so, there may be no question concerning the right to review in this Court.
Appeal from a judgment of the Court of Appeals of Ohio dismissed on the ground that, under the Constitution and laws of Ohio the supreme court of the state had a discretionary power of review which had not been invoked and refused.
The facts, which involve the jurisdiction of this Court to review the judgment of a state court under § 237, Judicial Code, are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Stratton v. Stratton, 239 U.S. 55 (1915) in 239 U.S. 55 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=H6HPATMKDAS9AGX.
MLA:
U.S. Supreme Court. "Syllabus." Stratton v. Stratton, 239 U.S. 55 (1915), in 239 U.S. 55, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=H6HPATMKDAS9AGX.
Harvard:
U.S. Supreme Court, 'Syllabus' in Stratton v. Stratton, 239 U.S. 55 (1915). cited in 1915, 239 U.S. 55. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=H6HPATMKDAS9AGX.
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