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LYNCH V. NEW YORK EX REL. PIERSON, 293 U. S. 52 (1934)

U.S. Supreme Court

Lynch v. New York ex Rel. Pierson, 293 U.S. 52 (1934)

Lynch v. New York ex Rel. Pierson

No. 1

Argued October 9, 1934

Decided November 5, 1934

293 U.S. 52


1. Jurisdiction to review a judgment of a state court cannot he founded upon surmise or be sustained by reference to briefs and

Page 293 U. S. 53

extrinsic statements. It must appear affirmatively from the record that a federal question was necessarily decided in determining the cause, and if it be uncertain whether the judgment was based upon a federal ground, or upon a nonfederal ground sufficient to sustain it, this Court will not take jurisdiction. P. 293 U. S. 54.

2. Where the highest court of a State affirms without opinion and leaves in doubt what, if any, disposition it made of a federal question presented below, it is suggested that, the local practice permitting, application should be made for amendment of the remittitur. P. 293 U. S. 55.


Certiorari, 292 U.S. 616, to review a judgment (263 N.Y. 533; 189 N.E. 684) affirming, without opinion, a judgment of the Appellate Division (237 App.Div. 763, 263 N.Y.S. 259) annulling a tax assessment.

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