Hurley v. Street

Supreme Court of the United States December 15, 1871

Hurley v. Street, 81 U.S. 85 (1871)

Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

To give jurisdiction to this court upon error to the highest court of the State in which a judgment or decree has been rendered, it is necessary to show that some question under the 25th section of the Judiciary Act was made and decided, of which this court has cognizance by writ of error on appeal. This has been frequently ruled.†

It does not appear from the record that any such question was either made or decided.

Much expense to suitors would be spared if counsel would attend to the principle above stated, and as we have said, frequently laid down, before advising their clients to resort *87to the appellate jurisdiction of this court from.the decisions of the State courts. The writ of error must be

Dismissed.

Crowell v. Randell, 10 Peters, 368; Armstrong v. Treasurer,16 Id. 281; Phillips’s Practice, 108.

Reference

Cited By: 1 case
Status: Published
Syllabus: In this case the court dismissing, as involving no Federal question, an appeal from the Supreme Court of a State taken on a false assumption, that the case fell within the 25th section of the Judiciary Act of 1789, call the attention of the bar of the court generally to the fact that much expense would be saved to suitors, if rfefore they advised them to appeal from decisions of the highest State courts to this one, they would see that the case was one of which this court had cognizance on appeal.