316 U.S. 98 (1942), 711, Gorman v. Washington University

Docket Nº:No. 711
Citation:316 U.S. 98, 62 S.Ct. 962, 86 L.Ed. 1300
Party Name:Gorman v. Washington University
Case Date:April 27, 1942
Court:United States Supreme Court
 
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316 U.S. 98 (1942)

62 S.Ct. 962, 86 L.Ed. 1300

Gorman

v.

Washington University

No. 711

United States Supreme Court

April 27, 1942

Argued April 2, 1942

CERTIORARI TO THE SUPREME COURT OF MISSOURI

Syllabus

1. This Court is without jurisdiction to review a decision by a State court which is not the highest court of the State in which a decision could be had. Jud.Code § 237(b). P. 99.

2. Under the constitution of Missouri and the Rules of the State Supreme Court, a judgment of a division of that court in case involving a federal question is susceptible of review by the full court sitting en banc. P. 99.

This Court is without jurisdiction to review such a judgment unless the petitioner has first applied for review of the judgment by the full court sitting en banc.

3. Upon application to this Court for review of the judgment of a state court, it is the petitioner's burden to show affirmatively that this Court has jurisdiction. P. 101.

348 Mo. 310, 153 S.W.2d 35, writ dismissed.

Certiorari, 314 U.S. 604, to review a judgment which affirmed a judgment enjoining the collection of a tax.

STONE, J., lead opinion

MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

Respondent brought this suit in the Circuit Court of Jackson County, Missouri, to restrain the assessment and collection of a tax upon its real estate. The validity of the provisions of the state constitution and statutes under which the tax was laid was assailed on the ground that

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they violate the tax exemption provision of respondent's charter, and therefore conflict with the contract clause of the Constitution, Article I, § 10. The Supreme Court of Missouri affirmed the judgment of the trial court enjoining collection of the tax. 153 S.W.2d 35. Both courts held that the Missouri constitution and statutes, as applied, violate respondent's charter provisions for tax exemption, and infringe the contract clause [62 S.Ct. 963] of the Constitution. Cf. Washington University v. Rouse, 8 Wall. 439; Washington University v. Baumann, 341 Mo. 708, 108 S.W.2d 403. We granted a writ of certiorari, 314 U.S. 604, to review the constitutional question decided by the state court.

Upon examination of the record, it appears that the decision and judgment brought here for review were rendered by Division One of the Supreme Court of Missouri, which...

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