Melville Fuller

“ The rule is firmly established, and has been frequently reiterated, that the jurisdiction of this court to re-examine the final judgment of a state court, under the 3d division of § 709, cannot arise from mere inference, but only from averments so distinct and positive as to place it beyond question that the party bringing the case here from such court intended to assert a Federal right. ”

“ Thereupon this writ of error was allowed, and errors were assigned to the effect that the judgment of the supreme court was in conflict with the prohibitions of the Constitution of the United States in respect of 'impairing the obigation of contracts,' deprivation of property without due process of law, and denial of the equal protection of the laws. ”