Kellogg v. Sessions

ON PETITION POE BE-HEABINGt.

Hoyt, J. —

Respondent has filed an elaborate petition for a rehearing, and we have given it a careful consideration. The question decided went to the jurisdiction of the court, and a decision thereof could not be avoided, hence the rule that courts will not usually decide a case upon a question not raised in the briefs, does not apply.

It is possible that provisions similar to the one held inoperative by this court have been upheld in courts of last resort in some of the states. The petition has not satisfied us that such is the fact, and even if it was, it would not…