UNITED STATES SUPREME COURT DECISIONS ON-LINE

PIERCE V. SOMERSET RAILWAY, 171 U. S. 641 (1898)

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U.S. Supreme Court

Pierce v. Somerset Railway, 171 U.S. 641 (1898)

Pierce v. Somerset Railway

No. 12

Argued October 11-12, 1698

Decided October 31, 1898

171 U.S. 641

Syllabus

Eustis v. Bolles, 150 U. S. 361, affirmed and followed to the points:

(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.

(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.

The case is stated in the opinion. chanrobles.com-red

Page 171 U. S. 642


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