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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... "
The Supreme Court Reporter - Page 414
1893
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United States Supreme Court Reports, Volume 40

United States. Supreme Court - 1901 - 1118 pages
...sustained and the judgment affirmed. By U. 8. Rev. Stat. g 70«, a final Judgment or decree in any suit in the highest court of a state in which a decision could be had may be re-examined and reversed or affirmed in this court upon a writ of error, where, among other...
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A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ...

Roger Foster - 1901 - 880 pages
...and in which is involved the validity of a copyright, or the validity of a treaty of a statute, or of an authority exercised under the United States is drawn in question ; also in any case in which a Circuit Court of Appeals has no jurisdiction as aforesaid, wherein the...
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The Constitution of the United States: With Notes of the Decisions of the ...

Edwin Eustace Bryant - 1901 - 482 pages
...decision could be had in the following cases : 1. Where the validity of a treaty or statute of, or an authority exercised under the United States, is drawn in question and the decision of the State Court is against their validity ; 2. Where the validity of a statute of,...
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The American State Reports: Containing the Cases of General Value ..., Volume 85

Abraham Clark Freeman - 1902 - 1064 pages
...MARSHALL, J. This cause was transferred to this court by the St. Louis court of appeals, on the ground that an authority exercised under the United States is drawn in question, and hence this court has jurisdiction under section 12, article 6 of the constitution. The controversy...
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An Elementary Treatise on the Common Law for the Use of Students

Henry Taylor Terry - 1906 - 942 pages
...state courts. courts, and there is no appeal from the former to the latter. But an appeal lies from the highest court of a state in which a decision could be had to the Supreme Court of the United States whenever the state court has decided against the validity...
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Digest of the United States Supreme Court Reports: U.S. Vols. 1 ..., Volume 1

1908 - 1150 pages
...not follow from the fact that a criminal ease involves the construe tion of a Federal statute that the validity of "an authority exercised under the United States" is drawn in question. Snow v. United States, 118 US 346, 6 Sup. Ct. Rep. 1059. 30: 207 Citeil in United States v. Lynch,...
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The Supreme Court Reporter, Volume 30

1910 - 740 pages
...section are practically identical." In order to give this court jurisdiction of a writ of error to the highest court of a state in which a decision could be had, it must appear affirmatively that a Federal question was presented for decision, that its decision...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 231

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1914 - 922 pages
...made by officers to whom power to make them is delegated by the Food and Drugs Act of 1906 is denied, an authority exercised under the United States is drawn in question, and not merely the construction of the statute, and this court has jurisdiction to review the judgment...
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An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts

John Carter Rose - 1915 - 532 pages
...Court may be re-examined by the Supreme Court. First," where 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 its validity. Second, where the validity of a statute of, or an authority exercised...
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United States Compiled Statutes, Annotated, 1916: Embracing the ..., Volume 2

United States - 1916 - 1138 pages
...by writ of error, any cause wherein a( finaTjudg- "o ment or decree has been rendered or passed by 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, or an authority exercised under...
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