Farney v. Towle
66 U.S. 350 (1861)

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U.S. Supreme Court

Farney v. Towle, 66 U.S. 1 Black 350 350 (1861)

Farney v. Towle

66 U.S. (1 Black) 350

Syllabus

1. In a case where an alleged violation of the Constitution of the United States is the ground of error, the Supreme Court has no jurisdiction unless the point presented by the assignment and joinder was raised and decided in the state court to which the writ is directed.

2. It must appear that the point was raised in the state court, that the party called attention to the particular clause in the federal Constitution relied upon and to the right claimed under it, and that the question thus distinctly presented was ruled against him, and if these things do not appear, the judgment of the state court cannot be reviewed here.

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