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MCKINNEY V. CARROLL, 37 U. S. 66 (1839)

U.S. Supreme Court

McKinney v. Carroll, 37 U.S. 12 Pet. 66 66 (1839)

McKinney v. Carroll

37 U.S. (12 Pet.) 66


To give the Supreme Court of the United States jurisdiction, under the twenty-fifth section of the Judiciary Act in a case brought from the highest court of a state, it must be apparent in the record that the state court did decide in favor of the validity of a statute of the state the constitutionality of which is brought into question on the writ of error. Two things must be apparent in the record: first that someone of the questions stated in the twenty-fifth section did arise in the state court, and secondly that a decision was actually made thereon by the same court in the manner required by the section.

Where one of three parties, plaintiffs in a writ of error, dies after the writ of error is issued, it is not necessary to make the heirs and representatives of the deceased parties to the writ of error, as the cause of action survives to the two other plaintiffs in error.

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