Opinion
No. 267.
Submitted December 10, 1894. Decided December 17, 1894.
Duncan v. Missouri, 152 U.S. 377, affirmed and followed.
Mr. Thomas J. Rowe in support of the motion. Mr. Michael Kinealy, (with whom was Mr. James R. Kinealy on the brief,) opposing.
MOTION to dismiss. This cause, after trial below, was argued before the Supreme Court of Missouri, Division No. 2, in banc. The organization of that court is set forth in the statement of facts in Duncan v. Missouri, 152 U.S. 377. After the court had given its opinion and announced its judgment, the plaintiffs in error for the first time raised a Federal question in the cause in a motion for a rehearing. That motion being denied, the case was brought here by writ of error, which writ the defendants in error moved to dismiss.
The writ of error is dismissed on the authority of Duncan v. Missouri, 152 U.S. 377, and cases cited.
Writ of error dismissed.