by John Marshall Harlan

“ It is entirely consistent with the record that the home did not, at any time pending the case in the state court, set up or claim any such right. If our jurisdiction is invoked on the ground that the judgment of the state court has denied a right, title, privilege, or immunity secured by the Constitution of the United States, it is essential, under existing statutes, that such right, title, privilege, or immunity shall have been specially set up or claimed in the state court. ”

“ While we have said in some cases that such a certificate is entitled to great respect, and, in other cases, that its office is to make that more certain and specific which is too general and indefinite in the record, it is insufficient in itself to give us jurisdiction, or to authorize us to determine Federal questions that do not appear, in any form, from the record, to have been brought to the attention of the state court. ”

“ Ct. Rep. 166; Newport Light Co. v. Newport, 151 U.S. 527, 537, 38 L. ed. 259, 262, 14 Sup. Ct. Rep. 429; Yazoo & M. Valley R. Co. v. Adams, 180 U.S. 41, 47, 45 L. ed. 418, 21 Sup. Ct. Rep. 256; Felix v. Scharnweber, 125 U.S. 54, 59, 31 L. ed. 687, 8 Sup. Ct. Rep. 759.
Having no jurisdiction to re-examine the judgment below, the writ of error must be dismissed. ”