Gray v. Coan
Supreme Court of the United States
Gray v. Coan, 154 U.S. 589 (1871)
14 S. Ct. 1168; 38 L. Ed. 1088; 1871 U.S. LEXIS 1044
Gray v. Coan
Opinion of the Court
delivered the opinion of the court.
This is a motion to dismiss a writ of error to the Supreme Court of Iowa.
On looking into the record we find no question under the 25th section of the Judiciary Act made by the pleadings or passed upon by the court; and we have often held that it must appear affirmatively from the record that such a question was made and passed upon before this court can acquire jurisdiction to review the judgment of a state court upon writ of error.
The motion must therefore be allowed and the writ of error must be. Dismissed.
Reference
- Full Case Name
- GRAY v. COAN
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- Published
- Syllabus
- To give this court jurisdiction over the judgment of the highest court of a State, brought here by writ of error, it must appear that some question • under the 25th section of the Judiciary Act was made by the pleadings, or passed upon by the court.