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. ”
