Sayward v. Denny

Citations

• 158 U.S. 180
• 15 S. Ct. 777
• 39 L. Ed. 941
• 1895 U.S. LEXIS 2242

Syllabus

<p>When the validity of no treaty or statute of, or authority exercised under, the United States, nor of a statute of, or authority exercised under, any Stqte, is drawn in question by a state court, it is essential to the maintenance of jurisdiction here tliat it should appear that some title, light, pri vilege, or immunity under the Constitution or laws of the United States was specially set up or claimed there, and that the decision of the.highest court of the State, in which such decision could be had, was against the title, right, privilege, or immunity so set up or claimed; and in that regard, certain propositions must be regarded as settled: 1. That the certificate of the presiding judge of the state court, as to the existence of grounds upon which the interposition of tlfls court might be successfully invoked, while always regarded with respect, cannot confer jurisdiction to reexamine the judgment below; 2. That the title, right,privilege, or immunity must be specially set up'or claimed at the proper time and in the proper way; 3, That such claim cannot be recognized as properly made when made for the first time in a petition for rehearing after judgment; 4. That the petition for the writ of error forms no part of the record upon which action is taken here; 5. Nor do the arguments of counsel, though the opinions of the state courts are now made such by rule; 6. The right on which the party relies must have been called to the attention of the court, in some proper way, and the decision of the court must have been against the right claimed; 7. Or,.at all events, it must appear from the record, by clear and necessary intendment, thgt the Federal question was directly involved so that the state court could not have given judgment without deciding it; that is, a definite issue as to. the possession of the right must be distinctly deducible from the record before the state court can be held to have' disposed of such Federal question by its decision.</p> <p>Tested b