Section 25
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 55 U.S. 149 - Davis Lawler Timothy Walker Stephen L'Hommedieu George Graham John Harrison and Jacob Burnet v. James H and John Walker · 1852Most cited · 26 citing opinions
The conflict of a 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 trial, in the instructions asked for, or from exceptions taken to the ruling of the court. It must be, that such a question was necessarily involved in the decision, and that the State court would not have given a judgment without deciding it.