Berry v. Davis

SANBORN, Circuit Judge.

The defendants in error in these eases have made motions to dismiss them on the ground that the judgment and order of thé United States District Court challenged by the writs was rendered in a “case that involves the construction or the application of the Constitution of the United States” (section 238, Judicial Code [section 1215, Compiled Statutes]); and the jurisdiction of the District Court below rested solely on the fact that the suit “arises under the Constitution or laws of the United States” (section 24 [1], [11], Judicial Code [section 991 (1), (11), Compiled…