187 U.S. 155 (1902), 86, Home for Incurables v. City of New York

Docket Nº:No. 86
Citation:187 U.S. 155, 23 S.Ct. 84, 47 L.Ed. 117
Party Name:Home for Incurables v. City of New York
Case Date:December 01, 1902
Court:United States Supreme Court

Page 155

187 U.S. 155 (1902)

23 S.Ct. 84, 47 L.Ed. 117

Home for Incurables


City of New York

No. 86

United States Supreme Court

December 1, 1902

Argued and submitted November 12, 1902




If the jurisdiction of the Supreme Court of the United States 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 should appear that such right, title, privilege or immunity was specially set up or claimed in the state court.

This Court cannot acquire jurisdiction to review the final judgment of the highest court of the state by reason of a certificate of the chief justice of the state court, not made while the case was before it or under its control, stating that the party seeking the intervention of this Court raised federal questions before the state court. While it has been 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, the certificate is insufficient in itself to give jurisdiction or to authorize this Court 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.

The plaintiff in error, the Home for Incurables, filed its petition in the Supreme Court for the City and County of New York alleging that at the date of the confirmation of a certain assessment for a sewer in East 184th Street from Vanderbilt Avenue west to Washington Avenue, etc., it was the owner of certain lots affected thereby in ward number 1, block number 3,064, the twenty-fourth ward of the City of New York;

That on the 22d of January, 1900, that assessment was confirmed by operation of law and the title thereof duly entered, with date of entry and of confirmation, in the record of titles of assessments confirmed, whereby such assessment became a lien upon such lots; and,

That the assessment, together with an interest certificate certified by the Comptroller of the City of New York to the Board of Assessors, was irregular, excessive, and voidable for reasons set forth in the petition.

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The petition alleged, among other things, that

so much of the Act of the Legislature of the State of New York, known as section 868 of the New York City Consolidation Act of 1882, as purports to authorize and direct the making of such interest certificate and the assessment of the amount thereof herein is in violation of the Constitution of the State of New York in that said portion of said portion of said act purports to authorize an unlawful exercise of the power of taxation.

The petitioner prayed that the assessment be vacated or reduced, and that the lien or liens created thereby or by any subsequent proceeding be cancelled and discharged or reduced so far as the same affected the above lots.

The case was heard upon the stipulation of facts in the supreme court and the relief asked...

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