Grand Gulf Railroad & Banking Cop. v. Marshall,
Annotate this Case
53 U.S. 165 (1851)
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U.S. Supreme Court
Grand Gulf Railroad & Banking Cop. v. Marshall, 53 U.S. 12 How. 165 165 (1851)
Grand Gulf Railroad & Banking Cop. v. Marshall
53 U.S. (12 How.) 165
In order to bring a case within the reviewing power of this Court, as prescribed by the 25th Section of the Judiciary Act, it is necessary that the record should show that the point giving jurisdiction to this Court was raised and decided in the state court.
The preceding decisions upon this subject referred to.
Hence, where it appears from the record that the decision of the state court turned upon the construction, and not the validity, of a state law, and that the question of its validity was not raised, this Court has no jurisdiction.
The facts are set forth in the opinion of the court, to which the reader is referred.