US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

KING V. VIRGINIA, 216 U. S. 92 (1910)

Subscribe to Cases that cite 216 U. S. 92 RSS feed for this section

U.S. Supreme Court

King v. Virginia, 216 U.S. 92 (1910)

King v. Virginia

Nos. 445, 446, 447

Argued December 14, 15, 16, 1909

Decided January 31, 1910

216 U.S. 92


When this Court has determined the constitutionality of a state statute, that question is not open, and cannot be made the basis of jurisdiction for a writ of error, and so held as to the statute of West Virginia involved in this case and sustained as constitutional in King v. Mullins, 171 U. S. 404.

On writ of error, this Court cannot deal with facts, and whether the land involved is within or without certain boundaries is for the state court to determine.

The construction and effect of, and rights acquired by, a decree of the state court are matters of state procedure. Nothing in the federal Constitution prevents a state court from modifying a decree while the case remains in the court; nor is a beneficiary of a decree deprived of his property without due process of law, within the meaning of the Fourteenth Amendment, by the subsequent action of the Court modifying or reversing the decree while the case is still pending therein.

The decision of the state court that the only portion of a statute which is unconstitutional is separable and inapplicable to the case is final.

Writs of error to review 64 W.Va. 545, 546, 54, 610 dismissed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 216 U. S. 93

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™