Joseph McKenna

“ When a party asserts that due faith and credit have not been given to a judgment rendered in an action between him and the other party, he asserts a right under the Constitution of the United States, and necessarily this raises a Federal question. This is the assertion in the present case, and the consideration which the supreme court of Pennsylvania give it demonstrates that it is not so far frivolous as to sustain a motion to dismiss. ”

“ We agree, therefore, with the railroad company, that the effect of the act of May 23 constitutes 'the real and only issue in the case.'
That the action could be maintained without it is not contended. ”

“ It is true that the declaration contained a count upon a quantum meruit, in order to bring the case within the reservation of the judgment of the circuit court, but evidence to sustain it was ruled out upon the objection of plaintiff in error, on the ground substantially that the contract furnished its own measure of damages, 'ascertained in the manner set forth' in the contract, that is, by an appraisement and award, and that the evidence offered was a 'contradiction of the written contracts in the case,' and therefore incompetent. ”