Melville Fuller

“ It is true that the general supervisory power of this court over inferior jurisdictions is of great moment in a public point of view, and should not, upon light grounds, be deemed to be taken away in any case. Still, although the writ of mandamus is not mentioned in the section, yet the use of the words, 'such remand shall be immediately carried into execution,' in addition to the prohibition of appeal and writ of error, is strongly indicative of an intent to suppress further prolongation of the controversy by whatever process. ”

“ But if the circuit court remands a cause, and the state court thereupon proceeds to final judgment, the action of the circuit court is not reviewable on writ of error to such judgment.
A state court cannot be held to have decided against a federal right when it is the circuit court, and not the state court, which has denied its possession.
The supreme court of Nebraska rightly recognized the courts of the United States to be the exclusive judges of their own jurisdiction, and declined to review the order of the circuit court. ”

“ Was any title, right, privilege, or immunity under the constitution or any statute of, or authority exercised under, the United States, especially set up or claimed by plaintiff in error denied by the decision of the state court? An assignment of errors cannot be availed of to import questions into a cause which the record does not show were raised and passed on in the court below, but we may refer to such assignment by way of convenience toascertain the contentions of plaintiff in error. ”