Legal Opinion

Railroad Company v. Rock

Supreme Court of the United States

Decided January 21, 1867PublishedCited by 32 opinions

This was a motion by Mr. Templin to dismiss a writ of error to the Supreme Court of Iowa, issued under the twenty-fifth section of the Judiciary Act, which gives authority to the Supreme Court of the United States to review final judgments in the highest court of a State “ where is drawn in question the validity of a statute of or an authority exercised under any State, on the ground of their being repugnant to the Constitution of the United States, and the decision is in…

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This was a motion by Mr. Templin to dismiss a writ of error to the Supreme Court of Iowa, issued under the twenty-fifth section of the Judiciary Act, which gives authority to the Supreme Court of the United States to review final judgments in the highest court of a State “ where is drawn in question the validity of a statute of or an authority exercised under any State, on the ground of their being repugnant to the Constitution of the United States, and the decision is in favor of such validity; or where is drawn in question the construction of any clause of the Constitution, &c., of the…

1Opinion of the CourtJustice Miller

After a very careful examination of the record of the case, we are unable to discover that either the validity of the Constitution of the State of Iowa, or the clauses of the Constitution of the United States mentioned in the certificate, are involved in that record, or were decided by the court. It is probable that counsel, in the argument of the case in the Supreme Court of Iowa, insisted that these matters were involved, and that the chief justice felt bound to certify, when requested, that they wore drawn in question. Rut if the record does not show that they were necessarily drawn in…

2Cases cited1 opinion

  1. Adam S. Mills and Others, in Error v. William G. Brown and Others, and the County of St. Clair, in ErrorSupreme Court of the United States · 1842

3Cited by32 opinions

  1. New York Ex Rel. Bryant v. ZimmermanSupreme Court of the United States · 1928
  2. New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
  3. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
  4. Winona & St. Peter Land Co. v. MinnesotaSupreme Court of the United States · 1895
  5. Tidal Oil Co. v. FlanaganSupreme Court of the United States · 1924

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