Clark v. Commonwealth of Pennsylvania

Citations

• 128 U.S. 395
• 9 S. Ct. 113
• 32 L. Ed. 487
• 1888 U.S. LEXIS 2228

Syllabus

<p>The petition for a writ of error forms no part of the record of the court below.</p> <p>In error to a state court, to review one of its judgments, this court acts only upon the record of the court below, and, in order to give this court jurisdiction it is essential that the record should disclose, not only that the alleged right, privilege or immunity, was set up and claimed in the court below, but that the decision of that court was against the right so set up or claimed.</p> <p>These records do not disclose whether the refusal of the court below to give the instructions requested amounted to a denial of the claim of the plaintiff in error to immunity, and the writs of error are therefore dismissed.</p>