by John Marshall Harlan

“ It is equally clear that it could not have been made a party without its consent. While questioning with great distinctness of language the jurisdiction of the circuit court to take possession, by its receivers, of the property previously levied on in satisfaction of the several executions for taxes, the state avowed its unwillingness to submit its rights in the matter of taxes to the adjudication of any court of the United States. ”

“ Without be raised by the state's petition, it other questions of law supposed to be raised by the state's petition, it is sufficient to say that the order, denying and dismissing that petition, is not one which the state can ask this court to review upon its appeal; this, for the reason already indicated, if there were no other, that the order did not conclude the state-it being no party to the suit-as to any right acquired by virtue of the executions for taxes. ”