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MAXWELL V. NEWBOLD, 59 U. S. 511 (1855)

U.S. Supreme Court

Maxwell v. Newbold, 59 U.S. 18 How. 511 511 (1855)

Maxwell v. Newbold

59 U.S. (18 How.) 511


In order to give jurisdiction to this Court, under the 25th section of the Judiciary Act of 1789, it must appear by the record that one of the questions stated in the section did arise and was decided in the state court, and it is not sufficient that it might have arisen or been applicable; it must appear that it did arise, and was applied.

This rule was established in the case of Crowell v. Randall, 10 Pet. 368, and has been since adhered to.

Hence an allegation that

"the charge of the court, the verdict of the jury, and the judgment below are each against, and in conflict with, the Constitution and laws of the United States, and therefore erroneous,"

is too general and indefinite to come within the provisions of the act of Congress or the decisions of this Court.

The clause in the Constitution and the law of Congress should have been specified by the plaintiffs in error in the state court in order that this Court might see what was the right claimed by them and whether it was denied to them by the decision of the state court.

The facts are fully set forth in the opinion of the Court.

Page 59 U. S. 512

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