CAPERTON v. BALLARD


81 U.S. 238 (1871)

14 Wall. 238

CAPERTON v. BALLARD.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. J. Hubley Ashton (with whom was Mr. B. Stanton), having asked to have the writ of error dismissed for want of jurisdiction; Messrs. Conway Robinson, R.T. Merrick, and Simeon Nash, argued contra, and in support of the jurisdiction.


Mr. Justice DAVIS delivered the opinion of the court.

This court has repeatedly declared that it is only under the 25th section of the Judiciary Act that it takes cognizance of error committed in the highest courts of a State. There must be a Federal question, within the terms of that section, to enable us to review the decision of a State tribunal. Is there such a question here?

It is argued that a constitutional...

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