Stickney v. Kelsey - 209 U.S. 419 (1908)

U.S. Supreme Court

Stickney v. Kelsey, 209 U.S. 419 (1908)

Stickney v. Kelsey

No. 16

Submitted March 20, 1908

Decided April 6, 1908

209 U.S. 419

Syllabus

A ruling by the highest court of the state sustaining the method of proving the existence of a law of that state presents no federal question.

Where the language of the appellate court is ambiguous, if it may be taken as a declination to pass upon a question not necessary to the decision, this Court will not, in order to aid a technical and nonmeritorious defense, spell out a federal question, but it will resolve the ambiguity against the plaintiff in error who is bound, in order to give this Court jurisdiction, to clearly show that a federal right has been impaired.

Writ of error to review 185 N.Y. 107 dismissed.

The facts are stated in the opinion.