Cleveland & Pittsburgh R. Co. v. Cleveland,
235 U.S. 50 (1914)

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U.S. Supreme Court

Cleveland & Pittsburgh R. Co. v. Cleveland, 235 U.S. 50 (1914)

Cleveland & Pittsburgh Railroad Company v. City of Cleveland

No. 95

Motion to dismiss or affirm submitted October 13, 1914

Decided November 16, 1914

235 U.S. 50


In order to bring a case to this Court under § 237, Judicial Code, the federal right must have been set up and adjudicated against the claimant by the judgment of the state court; nor can the contention made and passed upon by the state court be enlarged by assignments of error to bring the case to this Court.

An impairment of the obligation of the contract within the meaning

Page 235 U. S. 51

of § 10 of Art. I of the federal Constitution must be by subsequent legislation, and not by mere change in judicial decision.

A certificate of the state court cannot bring an additional federal question into the record if the record does not otherwise show it to exist. Marvin v. Trout, 199 U. S. 212.

The facts, which involve the jurisdiction of this Court under § 237, Judicial Code, to review the judgment of a state court, are stated in the opinion.

Page 235 U. S. 53

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