MCLAUGHLIN
v.
FOWLER. SAME V. THORPE

U.S. | 1880-12-13
Nos. 94 and 95
26 L. Ed. 176 Supreme Court of the United States (1880) Positive Treatment
Also reported at: 1880 U.S. LEXIS 1558 · SCDB 1880-216
Cited by 7 cases

Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

The only Federal question in these eases is whether the patents to the Western Railroad Company for lands within the limits of the Moquelomnes grant are valid. If that-question was not decided by the court below we have no jurisdiction; if it was, the judgment was right, because in accordance with Newhall v. Sanger, 92 U. S. 761, brought here in 1875 for the determination of the same identical question. Such being the case the judgment must be affirmed. We can only look beyond the Federal question when that has been decided erroneously, and then only to see whether there are any other matters or issues adjudged by the state court sufficiently broad to maintain the judgment, notwithstanding the error in the decision 'of the Federal question. Murdoch v. Memphis, 20 Wall. 591.

The judgment in each of these cases is affirmed on the 'authority of Newhall v. Sanger.


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