Honeyman v. Hanan,
300 U.S. 14 (1937)

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U.S. Supreme Court

Honeyman v. Hanan, 300 U.S. 14 (1937)

Honeyman v. Hanan

No. 370

Argued January 14, 1937

Decided February 1, 1937

300 U.S. 14


1. To constitute jurisdiction over an appeal from a state court, it must appear affirmatively from the record not only that a federal question was presented for decision to the highest court of the State having jurisdiction, but that its decision of the federal question was necessary to the determination of the cause. P. 300 U. S. 18.

2. Whether these requirements have been met is itself a federal question. Id.

3. In deciding whether it has jurisdiction, this Court must determine whether a federal question was necessarily decided by the state court; the determination must rest upon an examination of the record, and, while a certificate or statement by the state court that a federal question has been presented to it and necessarily passed upon may aid this Court in such examination of the record, it cannot avail to foreclose the inquiry or to import a federal question into the record. Id.

4. In the exercise of appellate jurisdiction, this Court may make such disposition of the case as justice shall require. A case may be remanded to a state court to afford opportunity for an amendment of the record appropriate to show definitely the precise nature of the federal question, how it was raised, and the grounds of its

Page 300 U. S. 15

disposition by the state court, to the end that this Court may be able to decide whether a substantial question within its jurisdiction was necessarily determined. P. 300 U. S. 25.

271 N.Y. 564, 3 N.E.2d 186, judgment vacated.

Appeal from the affirmance of a judgment of the Supreme Court of New York, Appellate Division (246 App.Div. 781, 285 N.Y.S. 527), which had affirmed a judgment of the Special Term dismissing the complaint in a suit to recover a deficiency judgment on a collateral bond which had been executed as additional security for a bond and mortgage debt.

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