Majority — Chase C.J.
p. 589GRAY v. COAN. No. 481. Argued December 15, 1871. Decided December 18, 1871.
Syllabus
ERROR TO THE SUPREME COURT OP' THE STATE OF IOWA.To give this court jurisdiction over the judgment of the highest court of a State, brought here by writ of error, it must appear that some question • under the 25th section of the Judiciary Act was made by the pleadings, or passed upon by the court.
The case is stated in the opinion.
Mr. Daniel Gray for plaintiff in error.
Mr. Walter I. Hayes and Mr. A. Y. Cotton for defendants in error.
delivered the opinion of the court.
This is a motion to dismiss a writ of error to the Supreme Court of Iowa.
On looking into the record we find no question under the 25th section of the Judiciary Act made by the pleadings or passed upon by the court; and we have often held that it must appear affirmatively from the record that such a question was made and passed upon before this court can acquire jurisdiction to review the judgment of a state court upon writ of error.
The motion must therefore be allowed and the writ of error must be. Dismissed.