U.S. Supreme Court
Kansas Endowment Ass'n v. Kansas, 120 U.S. 103 (1887)
Kansas Endowment Association v. Kansas
Submitted January 6, 1887
Decided January 24, 1887
120 U.S. 103
An averment in a motion for a new trial (contained in a record, brought up in error from a state court) that a statute of the state upon which the suit was based is "unconstitutional and void" may apply to the constitution of the state, and, taken by itself, raises no question for decision below which this Court can review in error.
The case is stated in the opinion of the Court.