Melville Fuller

“ As many times reiterated, it is essential to the maintenance of jurisdiction upon the ground of erroneous decision as to the validity of a state statute, or a right under the constitution of the United States, that it should appear from the record that the validity of such statute was drawn in question as repugnant to the constitution, and that the decision sustained its validity, or that the right was specially set up, or claimed and denied. ”

“ Why, manifestly, the forms given in sections 65, 66, c. 61, of the Code, under the heading, 'If subscription be voted for, how is it to be made,' etc. In other words, the forms prescribed by the Code of 1873, according to which the subscription is to be made, are those which are to be observed in making the subscription after the voters have declared at the polls that the subscription shall be made.' That decision was approved and followed in the case under consideration, the court saying: 'The case of Taylor v. ”