Morrison Waite,
Simmerman v. Nebraska — Opinion of the Court
“ Rep. 175. The fact that. after the final judgment, and in the petition for a writ of error to this court, which seems to have been treated also as a petition for rehearing, a federal question was presented, is not enough. It was so decided in Susquehanna Boom Co. v. West Branch Boom Co., 110 U.S. 57; S.C.. 3 Sup. Ct. Rep. 438. As we said in that case: 'we act on the case as made to the court below when the judgment was rendered, and cannot incorporate into the record any new matter which appears for the first time after the judgment on a petition for rehearing. ”
