Stickney v. Kelsey, 209 U.S. 419 (1908)

Name: Stickney v. Kelsey, 209 U.S. 419 (1908) - Syllabus
Author: U.S. Supreme Court

Stickney v. Kelsey

No. 16

Submitted March 20, 1908
Decided April 6, 1908
209 U.S. 419

ERROR TO THE SURROGATES’ COURT IN AND FOR

THE COUNTY OF NEW YORK, STATE OF NEW YORK

Syllabus

A ruling by the highest court of the state sustaining the method of proving the existence of a law of that state presents no federal question.

Where the language of the appellate court is ambiguous, if it may be taken as a declination to pass upon a question not necessary to the decision, this Court will not, in order to aid a technical and nonmeritorious defense, spell out a federal question, but it will resolve the ambiguity against the plaintiff in error who is bound, in order to give this Court jurisdiction, to clearly show that a federal right has been impaired.

Writ of error to review 185 N.Y. 107 dismissed.

The facts are stated in the opinion.

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Chicago: U.S. Supreme Court, "Syllabus," Stickney v. Kelsey, 209 U.S. 419 (1908) in 209 U.S. 419 Original Sources, accessed April 17, 2025, http://originalsources.com/Document.aspx?DocID=UTSG5VNAX469HUX.

MLA: U.S. Supreme Court. "Syllabus." Stickney v. Kelsey, 209 U.S. 419 (1908), in 209 U.S. 419, Original Sources. 17 Apr. 2025. http://originalsources.com/Document.aspx?DocID=UTSG5VNAX469HUX.

Harvard: U.S. Supreme Court, 'Syllabus' in Stickney v. Kelsey, 209 U.S. 419 (1908). cited in 1908, 209 U.S. 419. Original Sources, retrieved 17 April 2025, from http://originalsources.com/Document.aspx?DocID=UTSG5VNAX469HUX.

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