Furman v. Nichol
75 U.S. 44

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U.S. Supreme Court

Furman v. Nichol, 75 U.S. 8 Wall. 44 44 (1868)

Furman v. Nichol

75 U.S. (8 Wall.) 44




1. A cause can be removed from a state court into this Court under the twenty-fifth section of the Judiciary Act of 1789 whenever some one of the questions embraced in it was relied on by the party who brings the cause here, and when the right which he asserted that it gave him was denied to him by the state court, provided the record show either by express averment or by clear and necessary intendment that the constitutional provision did arise, and that the court below could not have reached the conclusion and judgment it did reach, without applying it to the case in hand.

2. It need not appear that the state court erred in its judgment. It is sufficient to confer jurisdiction that the question was in the case, was decided adversely to the plaintiff in error, and that the court was induced by it to make the judgment which it did.

3. The provision in section 12 of the charter of 1838 of the Bank of Tennessee,

"that the bills or notes of said corporation, originally made payable, or which shall have become payable on demand, in gold or silver coin, shall be receivable at the treasury of the state, and by all tax collectors and other public officers, in all payments for taxes or other moneys due to the state,"

made a contract on the part o

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