Clark v. Commonwealth of Pennsylvania
128 U.S. 395 (1888)

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U.S. Supreme Court

Clark v. Commonwealth of Pennsylvania, 128 U.S. 395 (1888)

Clark v. Commonwealth of Pennsylvania

Nos. 1189, 1190

Argued November 5, 1888

Decided November 19, 1888

128 U.S. 395

Syllabus

The petition for a writ of error forms no part of the record of the court below.

In error to a state court to review one of its judgments, this Court acts only upon the record of the court below, and in order to give this Court jurisdiction, it is essential that the record should disclose not only that the alleged right, privilege, or immunity was set up and claimed in the court below, but that the decision of that court was against the right so set up or claimed.

These records do not disclose whether the refusal of the court below to give the instructions requested amounted to a denial of the claim of the plaintiff in error to immunity, and the writs of error are therefore dismissed.

The case is stated in the opinion of the Court.

Page 128 U. S. 396

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