Edward Terry Sanford

“ The only error assigned here that presents a ground for the writ of error under section 237 of the Judicial Code as amended by section 1 of this Act (28 USCA § 344; Comp. St. § 1214) , [2] is that the provisions of the New York Civil Practice Act relating to the amendment of process and substitution of parties, as applied in allowing the substitution of the predecessor of the plaintiff in error as the party defendant, are invalid because of repugnancy to the laws of the United States. ”

“ Leave to appeal to the Court of Appeals was denied both by the Appellate Division and by the Court of Appeals; and the judgment of the Appellate Division thereby became the final decision of the highest court of the State in which a decision could be had. ”

“ No reference to the Practice Act or challenge to its validity appears in the proceedings either at Trial Term or in the Appellate Division. [3]
It has long been settled that this Court acquires no jurisdiction to review the judgment of a state court of last resort on writ of error, unless it affirmatively appears upon the face of the record that a federal question constituting an appropriate ground for such review was presented in and expressly or necessarily decided by such state court. Whitney v. California, 274 U.S. 357, 360, 47 S.C.t. 641, 71 L. Ed. 1095 ”