Pierce v. Somerset Railway
Citations
- 171 U.S. 641
- 19 S. Ct. 64
- 43 L. Ed. 316
- 1898 U.S. LEXIS 1627
Syllabus
<p>Eustis v. Bolles, 150 U. S. 361, affirmed and followed to the points:</p> <p>(1) That to give this court jurisdiction of a writ of error to a state court, it must appear affirmatively, not only that a Federal question was presented for decision by the state court, but that its decision was necessary to the determination of the cause, and that it was decided adversely to the party claiming a right under the Federal laws or Constitution, or that the judgment, as rendered, could not have been given without deciding it;</p> <p>(2) That where the record discloses that, if a question has been raised and decided adversely to a party claiming the benefit of a provision of the Constitution or laws of the United States, another question, not Federal, has been also raised and decided against such party, and the decision of the latter question is sufficient, notwithstanding the Federal question, to sustain the judgment, this court will not review the judgment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A person may, by his acts or omission to act, waive a right which he might otherwise have under the Constitution of the United States as well as under a statute[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan, Peckham, White
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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