Kipley v. Illinois, 170 U.S. 183 (1898)
U.S. Supreme CourtKipley v. Illinois, 170 U.S. 183 (1898)
Kipley v. Illinois
Nos. 586, 601
Submitted March 14, 1898
Decided April 18, 1898
170 U.S. 183
When the jurisdiction of this Court is invoked for the protection, against the final judgment of the highest court of a state, of some title, right, privilege or immunity secured by the Constitution or laws of the United States, it must appear expressly or by necessary intendment from the record that such right, title, privilege or immunity was specially "set up or claimed" under such Constitution or laws, as the jurisdiction of this Court cannot arise in such case from inference, but only from averments so distinct and positive as to place it beyond question that the party bringing the case up intended to assert a federal right.
Motion to dismiss. The case is stated in the opinion.