The suit was commenced in the Supreme Court of the State of New York, in which the validity of the act of Congress, of the 25th February, 1862, to authorize the issue of United States notes, and for the redemption and funding thereof, and for funding the floating debt of the United States, was drawn in question, and the legal right and title of the defendant, who was plaintiff in the court below, depended upon that statute. [His honor here stated the facts.] The Supreme Court ruled the question in the negative, and judgment was rendered for the plaintiff in error. The defendant in error then carried the case to the Court of Appeals of the State of New York, and that court reversed the decision of the Supreme Court, by rendering its judgment in favor of the defendant in error, giving to him the right which he claimed by the statute to pay the bond and mortgage in the notes issued under it. From that judgment the plaintiff in error has brought the case to this court. I have been instructed by the court to announce it to be our conclusion, upon the examination of the record, that as the validity of the act of the 25th February, 1862, was drawn in question, and the decision was in favor of it and of the rights set up by the defendant, that this court has no jurisdiction to revise that judgment. We direct accordingly the dismission of the case. [1]
Mr. Justice NELSON dissents.
DISMISSAL ACCORDINGLY.
Notes edit
- ↑ Gordon v. Caldcleugh, 3 Cranch, 268; Fulton v. McAffee, 16 Peters, 149; Strader v. Baldwin, 9 Howard, 261; Linton v. Stanton, 12 Id., 423.
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