RAILROAD COMPANY v. MARYLAND

Attorney(s) appearing for the Case

Mr. A.K. Seyester, Attorney-General of Maryland, now moved to dismiss the writ of error, urging that this, the second ground, just abovementioned as one on which the Court of Appeals placed its judgment, was of itself sufficient to control the case, and citing Rector v. Ashley,* Gibson v. Chouteau,† and Klinger v. Missouri,‡ and other cases, decided while the twenty-fifth section of the Judiciary Act was in force, to show that where there were other questions in the record on which the judgment of the State court might have rested, independently of the Federal question, this court could not reverse.

Messrs. A.K. Seyester, I.N. Steele, P.F. Thomas, and S.T. Wallis, in support of the motion.

Messrs. Reverdy Johnson, J.H.B. Latrobe, and C.J.M. Gwin, contra.