Morrison Waite,
Gregory v. McVeigh — Opinion of the Court
“ It is not denied that we have pursued a method provided by law, and the adoption of which barred us from resort to any other method, and if the test of jurisdiction here be as we assert, the fact-not the method-of the exhaustion of the power of the State courts-not the grade of the court in which the judgment happens to be left when the point of exhaustion is reached-then the argument against us is not well made. ”
Morrison Waite,
Gregory v. McVeigh — Opinion of the Court
“ It cannot even entertain a motion for leave to proceed. A judgment has been rendered by the highest court of the State in which a decision can be had. The Court of Appeals has never, in fact, had jurisdiction. A suit cannot be taken there, except upon leave, and that leave has, in the regular order of proceeding, been refused in this case. From this refusal there can be no appeal. Everything has been done that can be to effect the transfer of the cause. The rejection of a petition by one judge does not prevent its presentation to another. ”
Morrison Waite,
Gregory v. McVeigh — Opinion of the Court
“ It has long been settled that if a cause cannot be taken to the highest court of a State, except by leave of the court itself, a refusal of the court upon proper application made to grant the leave, is equivalent to a judgment of affirmance, and is such a final judgment as may be made the basis of proceedings under the appellate jurisdiction of this court. ”
