...the highest State court in South Carolina, under the 25th section of the judiciary act which provides "that a final judgment or decree in any suit in the...had, . . . .where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant...

...error, assuming it to be one within the twenty-fifth section of the Judiciary Act, which provides " that a final judgment or decree in any suit, in the...which a decision in the suit could be had, where is drawnin question the validity of a treaty or statute of, or an authority exercised under the United...

...of the first Congress of the United States, approved September 24th, 1789, provides as follows : " That a final judgment or decree in any suit in the...court of law or equity of a State in which a decision of the suit could be had, where is drawn in question the validity of a treaty or statute, or an authority...

...materially changed. 1 This jurisdic'See Act of September 24, 1789, Section 25; l US Stats, at Large, p. 85: "A final Judgment or decree In any suit In the highest court of ¡aw or equity of a State in which a decision in the suit could be had, where is drawn in question...

..."It is axiomatic that, in order to give this court jurisdiction on writ of error to the highest court of a State in which a decision in the suit could be had, it must appear affirmatively not only that a Federal question was presented for decision by the highest...

...Kent, 229, it appears that the US SC, may, upon writ of error, re examine and reverse or affirm the final judgment or decree in any suit in the highest court of a State in which a decision in such suit can be had, provided the validity of an authority executed...

...Van Home's Lessee v. Dorrance' (1795) in which Justice Paterson at cir‘Section 25 is as follows: “That a final judgment or decree in any suit, in...authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or...

...take jurisdiction of the case ? By the 25th section of the judiciary act, of 1789, it is provided, that "a final judgment or decree, in any suit, in...suit could be had, where is drawn in question the construction of any clause of (he constitution, or of any treaty, or statute of the United States;...

...the power to intervene Opinion of the Court 414U.S. in State litigation only after 'the highest court of a State in which a decision in the suit could be had' has rendered a 'final judgment or decree.' § 237 of the Judicial Code, 28 USC § 344 (a). This requirement...

...Congress has granted this Court the power to intervene in State litigation only after 'the highest court of a State in which a decision in the suit could be had 1 has rendered a 'final judgment or decree.' §237 of the Judicial Code, 28 USC § 344 (a). This requirement...