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KING V. VIRGINIA, 216 U. S. 92 (1910)

U.S. Supreme Court

King v. Virginia, 216 U.S. 92 (1910)

King v. Virginia

Nos. 445, 446, 447

Argued December 14, 15, 16, 1909

Decided January 31, 1910

216 U.S. 92


When this Court has determined the constitutionality of a state statute, that question is not open, and cannot be made the basis of jurisdiction for a writ of error, and so held as to the statute of West Virginia involved in this case and sustained as constitutional in King v. Mullins, 171 U. S. 404.

On writ of error, this Court cannot deal with facts, and whether the land involved is within or without certain boundaries is for the state court to determine.

The construction and effect of, and rights acquired by, a decree of the state court are matters of state procedure. Nothing in the federal Constitution prevents a state court from modifying a decree while the case remains in the court; nor is a beneficiary of a decree deprived of his property without due process of law, within the meaning of the Fourteenth Amendment, by the subsequent action of the Court modifying or reversing the decree while the case is still pending therein.

The decision of the state court that the only portion of a statute which is unconstitutional is separable and inapplicable to the case is final.

Writs of error to review 64 W.Va. 545, 546, 54, 610 dismissed.

The facts are stated in the opinion.

Page 216 U. S. 93

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