Atherton Et Al. v. Fowler Et Al‪.‬

Mr. M. A. Wheaton for the defendants in error, in support of the motion to dismiss. The State court having decided the case upon principles of law as recognized and administered in California, and without reference to the construction or effect of any provision in the Constitution or any act of Congress, no jurisdiction exists in this court to review that decision, even though, in some other aspect of the case, a Federal question might possibly have been applicable, but upon which the State court did not pass. Insurance Co. v. The Treasurer, 11 Wall. 209; Klinger v. Missouri, 13 id. 263; West Tennessee Bank v. Citizens' Bank, id. 432; Caperton v. Bowyer, 14 id. 216; Commercial Bank v. Rochester, 15 id. 639; Marquez v. Bloom, 16 id. 351; Crowell v. Randall, 10 Pet. 397; Farney v. Towle, 1 Black, 351; Boggs v. Mining Co., 3 Wall. 304; Maxwell v. Newbold, 18 How. 516; Hoyt v. Sheldon, 1 Black, 522.