Horace Gray

“ And it is only when the constitutionality of a law of the United States is drawn in question, not incidentally, but necessarily and directly, that our jurisdiction can be invoked for that reason. An assignment of errors cannot be availed of to import questions into a cause which the record does not show were raised in the court below, and rulings asked thereon, so as to give jurisdiction to this court under the fifth section of the act of March 3, 1891.' Ansbro v. ”

“ The circuit court, upon general demurrer, dismissed this bill for want of equity; holding that in the former suit Tucker was sufficiently made a party to bind him by the decree in his individual, as well as in his representative capacity. 43 Fed. 105.
The constitution of the United States is not mentioned in the bill of Cornell, or in the demurrer of the defendant, or in the decree or the opinion of the court. The case appears to have been treated throughout as depending upon a question of chancery practice, not of constitutional right. ”