Melville Fuller

“ Baldwin v. Baker, 121 Mich. 259, 80 N. W. 36. This writ of error was then allowed.
The supreme court of Michigan said: 'The sole question presented is whether the act in question, making the silver dollar of 412.5 grains troy of standard silver a full legal tender for all debts and dues, public and private, is constitutional;' and held that it was. That decision is assigned for error, but it was not a decision against the validity of the statute, and, on the contrary, sustained its validity. ”

“ As our jurisdiction over the judgments and decrees of state courts in suits in which the validity of statutes of the United States is drawn in question can only be exercised, under § 709 of the Revised Statutes, [1] when the decision is against their validity, the writ of error cannot be maintained. ”

“ Missouri v. Andriano, 138 U.S. 496, 34 L. ed. 1012, 11 Sup. Ct. Rep. 385; Rae v. Homestead Loan & Guaranty Co. 176 U.S. 121, 44 L. ed. 398, 20 Sup. Ct. Rep. 341.
Writ of error dismissed.
Notes
↑ U.S.C.omp. St. 1901, p. 575. ”