American Sugar Refining Co. v. New Orleans

Citations

• 181 U.S. 277
• 21 S. Ct. 646
• 45 L. Ed. 859
• 1901 U.S. LEXIS 1366

Syllabus

<p>The Circuit Courts of Appeals have power to review the judgments of the Circuit Courts in cases where the jurisdiction of 'the Circuit Court attaches solely by reason of diverse citizenship, notwithstanding constitutional questions may have arisen after the jurisdiction' of the Circuit Court attached.</p> <p>But in any such case, where a constitutional question arises on which the judgment depends, a writ of error may be taken directly from this court to revise the judgment of the Circuit Court, although the case may nevertheless be carried to the Circuit Court of Appeals, but if so, and final judgment is there rendered, the jurisdiction of this court cannot thereafter be invoked directly on another writ of error to the Circuit Court.</p> <p>When the plaintiff invokes the jurisdiction of the'Circuit Court on the sole ground that the suit arises under the Constitution or laws or some treaty of the United States, as appears on the record from his owh statement of his cause of action, in legal' and logical form, and a dispute or controversy as to a right which depends on the construction of the Constitution, or some law or treaty of the United States, is determined, then the appellate jurisdiction of this court is exclusive.</p>