Brown v. Fletcher

Citations

• 237 U.S. 583
• 35 S. Ct. 750
• 59 L. Ed. 1128
• 1915 U.S. LEXIS 1370

Syllabus

<p>Brown v. Fletcher, 235 U. S. 589, followed to the effect that § 24, Judicial Code, does not apply to the’ assignment of an interest of the cestui que trust of a testamentary trust fund.</p> <p>Even though jurisdiction to do so exists, this court will not dispose of a ease on the merits where such action would be out of harmony with the provisions of the Judicial Code giving a direct right of review on questions of jurisdiction, or where it would be incompatible with the provisions of that Code giving finality to judgments of the Circuit Court of Appeals.</p> <p>The refusal of the Circuit Court of Appeals to decide a case on its merits because it erroneously held that the diversity of citizenship necessary to give jurisdiction to the Federal courts did not exist, should not, under the circumstances of this case, be made the basis of this court for deciding a case which, if jurisdiction does exist, should be finally decided by the Circuit Court of Appeals.</p> <p>The District Court having taken jurisdiction of a ease on the ground that diversity of citizenship existed, and decided the ease on the merits, and the Circuit Court of Appeals having held that jurisdiction did not exist and reversed, with instructions to dismiss the bill, but not on the merits, this court, having found that diversity of citizenship doés exist, and that there is jurisdiction, doesmot decide the case on the merits, although it has jurisdiction so to do, but remands it to the Circuit Court of Appeals to the end that it proceed to discharge its duty of hearing and deciding the case.</p>