Medberry v. Ohio,
65 U.S. 413 (1860)

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U.S. Supreme Court

Medberry v. Ohio, 65 U.S. 24 How. 413 413 (1860)

Medberry v. Ohio

65 U.S. (24 How.) 413


Whether this Court has or has not jurisdiction under the 25th section of the Judiciary act may be ascertained either from the pleadings or by bill of exceptions, or by a certificate of the court.

But the assignment of errors or the published opinion of the court, cannot be reviewed for that purpose. They make no part of the record proper, to which alone this Court can resort to ascertain the subject matter of the litigation.

Therefore, where the record showed that the only question presented to the state court and decided by them was whether the provisions of an act of the legislature were consistent with the Constitution of the state, this Court has no power to review their judgment.

The facts of the case are stated in the opinion of the court, and also in 7 Ohio State Reports 523.

Page 65 U. S. 414

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