William R. Day

“ Upon consideration, the supreme court of appeals of Virginia sustained that motion upon the ground that it had no jurisdiction to review the judgment complained of, and dismissed the writ of error accordingly. 107 Va. 853, 60 S. E. 81. The plaintiffs in error seek to bring the case here upon the ground that the ruling of the supreme court of appeals of Virginia denies them due process of law, and deprives them of the equal protection of the laws, in violation of the 14th Amendment of the Constitution of the United States. ”

“ Ct. Rep. 730; Leigh v. Green, 193 U.S. 79, 48 L. ed. 623, 24 Sup. Ct. Rep. 390; Corkran Oil & Development Co. v. Arnaudet, 199 U.S. 182, 50 L. ed. 143, 144, 26 Sup. Ct. Rep. 41; McMillen v. Ferrum Min. Co. 197 U.S. 343, 49 L. ed. 784, 25 Sup. Ct. Rep. 533; Waters-Pierce Oil Co. v. Texas, 212 U.S. 112, 118, 53 L. ed. 431, 434, 29 Sup. Ct. Rep. 227.
But, it is alleged, the memorandum which we have quoted shows that the Virginia court must have considered and passed upon the Federal question made in the petition for a rehearing. ”