Where the Federal question is first raised in the petition to the highest court of the State for rehearing it is too late. Loeber v. Schroeder, 149 U.S. 580. Where the judgment of the state court rests on non-Federal grounds broad enough to sustain it this court cannot review it under § 709, Rev. Stat. Writ of error to review, 209 Mo. 35, dismissed.
Per Curiam.
Writ of error dismissed for want of jurisdiction. Sayward v. Denny, 158 U.S. 180; Mutual Life Ins. Co. v. McGrew, 188 U.S. 291, 307, 308; State v. Bland, 186 Mo. 691, 701, Oxley Stave Co. v. Butler County, 166 U.S. 648, 653; case below, 209 Mo. 35.
The attention of the state Supreme Court was not called to any Federal question until in the petition for rehearing, and that was too late. Loeber v. Schroeder, 149 U.S. 580, 585, and cases.
The judgment rested on non-Federal grounds broad enough to sustain it. 209 Mo. 35; Cincinnati Street Ry. Co. v. Snell, 193 U.S. 30; Hammond Packing Co. v. Arkansas, 212 U.S. 322.