Summary

Dahnke-Walker Milling Company v…

It is, of course, permissible to make the claim that a statute is invalid, and also that, as administered or applied, it violates a right or immunity under the Constitution. In such a case the writ of error is clearly appropriate. But in the case at bar there never has been a real claim that the statute as construed by the highest court of Kentucky is invalid. The actual claim was and is that a confessedly valid statute was misapplied, and thereby a constitutional guaranty was violated. A review as of right is not to be obtained by misdescribing the question in controversy.
Source: Wikisource

Dahnke-Walker Milling Company v…

If jurisdiction upon writ of error can be obtained by the mere claim in words that a state statute is invalid, if so construed as to 'apply' to a given state of facts, the right to a review will depend, in large classes of cases, not upon the nature of the constitutional question involved, but upon the skill of counsel.
Source: Wikisource

Dahnke-Walker Milling Company v…

Plaintiff relies upon a number of cases, assumed to be similar, in which, after the Act of September 6, 1916, jurisdiction was (mainly without discussion) taken on writ of error. They are not in point. In some of them orders of railroad commissions were challenged as violating the Constitution. [6] Such an order, unlike decisions of courts, being legislative in its nature and made by an instrumentality of the state, is a state law within the meaning of the Constitution of the United States and the laws of Congress regulating our jurisdiction.
Source: Wikisource

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