Robert Trimble

“ It has been insisted for the plaintiff in error, that the question raised upon the record, whether Hermandez, not being a party to the marshal's bond given to the United States, could maintain a suit upon it in his own name only, without suing in the name of the United States, for his use, is a question which can be re-examined in this Court. We are not of that opinion. It is not every misconstruction of an act of Congress by a State Court, that will give this Court appellate jurisdiction. ”

“ By the 25th section of the judiciary act, made in pursuance of the constitution, it is provided, 'That a final judgment or decree, in any suit in the highest Court of law or equity of a State, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ”

“ We can re-examine so much, and such parts of it only, as come within some one or other of the classes of questions enumerated in the act of Congress, and so much of the case as must necessarily be decided to arrive at such question. ”