Parmelee v. Lawrence
Supreme Court of the United States
On motion to dismiss a writ of error to the Supreme Court of Illinois, brought here on the assumption that the case was shown to be within the 25th section of the Judiciary Act; the idea of the plaintiff in error having been that a statute of the State of Illinois, on the subject of interest, was brought in question in this suit, and was upheld by the court below, though repugnant to the Constitution of the United States, as impairing the obligation of contracts.
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On motion to dismiss a writ of error to the Supreme Court of Illinois, brought here on the assumption that the case was shown to be within the 25th section of the Judiciary Act; the idea of the plaintiff in error having been that a statute of the State of Illinois, on the subject of interest, was brought in question in this suit, and was upheld by the court below, though repugnant to the Constitution of the United States, as impairing the obligation of contracts. It appeared by the record that Parmelee & Co. filed their bill in chancery, in the Superior Court of Chicago, against one Lawrence,…
1Opinion of the CourtJustice Nelson
In Lawler et al. v. Walker et al. † it is said that the 25th section of the Judiciary Act required something more definite than the certificate of the Supreme Court to give this court jurisdiction.
The conflict of the State law with the Constitution of the United States, and a decision by a State court in favor of its validity, must appear on the face of the record before it can be re-examined in this court. It must appear in the pleadings of the suit, or from the evidence in the course of the trial, in the instructions asked for, or from exceptions taken to the rulings of the court. It must…
2Cited by13 opinions
- Honeyman v. HananSupreme Court of the United States · 1937
- Sayward v. DennySupreme Court of the United States · 1895
- Dibble v. Bellingham Bay Land Co.Supreme Court of the United States · 1896
- Powell v. Brunswick CountySupreme Court of the United States · 1893
- Home for Incurables v. City of New YorkSupreme Court of the United States · 1902
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