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" ... the highest court of a State in which a decision could be had, where is drawn in question the validity of a treaty or statute of the United States ; or where is drawn in question the validity of a statute of any State, on the ground of its being... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 278
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1896
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The Rights of an American Citizen: With a Commentary on State Rights, and on ...

Benjamin Lynde Oliver - 1832 - 428 pages
...States is drawn in question in the same manner, and the decision is against its validity. So, where an authority exercised under the United States is drawn in question, and the decision is against its validity. See 1 Wheat. 304. 6 Wheat. 264. But, it is only, where the state...
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A Brief Exposition of the Constitution of the United States: With an ...

James Asheton Bayard - 1834 - 198 pages
...the twentyfifth section of the judiciary act of 1789, that the final judgment or decree in any suit in the highest court of a State, in which a decision could be had ; where the validity of a treaty or statute of, or an authority exercised under the United States is...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 5; Volume 46

United States. Supreme Court - 1847 - 668 pages
...not. To give this court jurisdiction under the first clause of section 25 of the Judiciary Act, where the validity of an authority exercised under the United States is drawn in question, the decision of the State court must be against its validity. Here the decision of the State court...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 23

United States. Supreme Court - 1876 - 652 pages
...within section 709 of the Revised Statutes, which gives such writ to bring here for re-examination, a final judgment or decree in the highest court of a State in which a decision in the suit could be had, in cases where any title, right, privilege, or immunity is claimed under...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 2

United States. Supreme Court - 1870 - 820 pages
...court, under the twenty-fifth section of the Judiciary Act, allowing such review in certain cases where "an authority exercised under the United States is drawn in question, and tho decision is against its validity." Ho may be sued not as marshal, but as trespasser. Day v. Gallup,...
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The Three Powers of Government. The Origin of the United States; and the ...

Joel Parker - 1869 - 118 pages
...the last resort, and the decision final. It is only when the validity of a treaty or statute of, or an authority exercised under, the United States, is drawn in question, and the decision is against their validity, or where the validity of a statute of, or an authority exercised...
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The American System of Government: Its Character and Workings, Its Defects ...

Ezra Champion Seaman - 1870 - 334 pages
...highest court of a State, in any case where the validity of a treaty or statute of the United States, or an authority exercised under the United States, is drawn in question, and the decision is against their validity; or where is drawn in question the validity of a statute of,...
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The Geography and History of Vermont

Samuel Read Hall - 1871 - 284 pages
...and correction, in three cases : when the validity of a treaty or statute of the United States, or an authority exercised under the United States, is drawn in question, and the decision is against the validity ; when the validity of any state authority is drawn in question...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 4

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 pages
...for consideration whether, in the present cases, the validity of a statute of the United States, or the validity of an authority exercised under the United States, is drawn in question. "The peculiar language of section 2 is to be noted. In section 709 of the Revised Statutes, allowing...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 3; Volume 93

United States. Supreme Court - 1877 - 748 pages
...authority under that State. Weston v. City Council of Charleston, 2 Pet. 449. A final judgment in any suit in the highest .court of a State, in which a decision could be had affirming the validity of an ordinance of a municipal corporation of that State, which was drawn in...
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