Leeper v. Texas - 139 U.S. 462 (1891)

U.S. Supreme Court

Leeper v. Texas, 139 U.S. 462 (1891)

Leeper v. Texas

No. 1239

Argued December 17-18, 1890

Decided March 30, 1891

139 U.S. 462

ERROR TO THE COURT OF APPEALS

OF THE STATE OF TEXAS

Syllabus

It must be regarded as settled that a petition for a writ of error forms no part of the record upon which action here is taken.

To give this Court jurisdiction to review the judgment of a state court

Page 139 U. S. 463

under section 709 of the Revised Statutes because of the denial by the state court of any right, title, privilege or immunity claimed under the Constitution or any treaty or statute of the United States, it must appear on the record that such title, right, privilege, or immunity was specially set up or claimed at the proper time and in the proper way.