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Lynch v. New York Ex Rel. Pierson, 293 U.S. 52 (1934)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lynch v. New York Ex Rel. Pierson, 293 U.S. 52 (1934)
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Lynch v. New York ex Rel. Pierson No. 1 Argued October 9, 1934 Decided November 5, 1934 293 U.S. 52
CERTIORARI TO THE SUPREME COURT OF NEW YORK
Syllabus
1. Jurisdiction to review a judgment of a state court cannot he founded upon surmise or be sustained by reference to briefs and extrinsic statements. It must appear affirmatively from the record that a federal question was necessarily decided in determining the cause, and if it be uncertain whether the judgment was based upon a federal ground, or upon a nonfederal ground sufficient to sustain it, this Court will not take jurisdiction. P. 54.
2. Where the highest court of a State affirms without opinion and leaves in doubt what, if any, disposition it made of a federal question presented below, it is suggested that, the local practice permitting, application should be made for amendment of the remittitur. P. 55.
Dismissed.
Certiorari, 292 U.S. 616, to review a judgment (263 N.Y. 533; 189 N.E. 684) affirming, without opinion, a judgment of the Appellate Division (237 App.Div. 763, 263 N.Y.S. 259) annulling a tax assessment.
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Chicago: U.S. Supreme Court, "Syllabus," Lynch v. New York Ex Rel. Pierson, 293 U.S. 52 (1934) in 293 U.S. 52 293 U.S. 53. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=28SLAYITZXL5S5A.
MLA: U.S. Supreme Court. "Syllabus." Lynch v. New York Ex Rel. Pierson, 293 U.S. 52 (1934), in 293 U.S. 52, page 293 U.S. 53. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=28SLAYITZXL5S5A.
Harvard: U.S. Supreme Court, 'Syllabus' in Lynch v. New York Ex Rel. Pierson, 293 U.S. 52 (1934). cited in 1934, 293 U.S. 52, pp.293 U.S. 53. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=28SLAYITZXL5S5A.
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