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King v. Virginia, 216 U.S. 92 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
ERROR TO THE SUPREME COURT OF APPEALS
OF THE STATE OF WEST VIRGINIA
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," King v. Virginia, 216 U.S. 92 (1910) in 216 U.S. 92 216 U.S. 93. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QJF593ZK2KF1LCR.
MLA: U.S. Supreme Court. "Syllabus." King v. Virginia, 216 U.S. 92 (1910), in 216 U.S. 92, page 216 U.S. 93. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QJF593ZK2KF1LCR.
Harvard: U.S. Supreme Court, 'Syllabus' in King v. Virginia, 216 U.S. 92 (1910). cited in 1910, 216 U.S. 92, pp.216 U.S. 93. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QJF593ZK2KF1LCR.
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