Levy v. Superior Court of San Francisco, 167 U.S. 175 (1897)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 167 U.S. 149, click here.

Levy v. Superior Court of San Francisco


No. 294


Argued April 26, 1897
Decided May 10, 1897
167 U.S. 175

ERROR TO THE SUPREME COURT
OF THE STATE OF CALIFORNIA

Syllabus

Oxley Stave Co. v. Butler County, 166 U.S. 648, followed to the point that

the jurisdiction of this Court to reexamine the final judgment of a state court cannot arise from inference, but only from averments so distinct and positive as to place it beyond question that the party bringing a case here from such court intended to assert a federal right.

The case is stated in the opinion.