Campbell v. Golden Cycle Min. Co.

Citations

• 141 F. 610
• 73 C.C.A. 260
• 1905 U.S. App. LEXIS 4038

Syllabus

<p>1. Courts—Circuit Court of Appeals—Jurisdiction—Dismissal for Lack of Jurisdiction Below.</p> <p>Where the jurisdiction of the Circuit Court is in issue, and is decided in favor of the defendant, the'Circuit Court of Appeals has no jurisdiction to review the decision, since it disposes of the case, and the plaintiff must have the question certified and take his appeal or writ of error to the Supreme Court.</p> <p>[Ed. Note.—Review of jurisdiction of Circuit Courts, see note to Excelsior Wooden-Pipe Co. v. Bridge Co., 48 C. C. A. 851.]</p> <p>2. Same—It Has Jurisdiction of Dismissal on the Merits.</p> <p>Where the question of jurisdiction is in issue, and the jurisdiction is sustained, and a judgment or decree is rendered in favor of the defendant upon the merits, the Circuit Court of Appeals has jurisdiction to review it.</p> <p>’ [Ed. Note.—-For cases in point, see vol. 13, Cent Dig. Courts, § 1099.]</p> <p>3. Same—General Decree of Dismissal.</p> <p>A decree of dismissal without more is a decree that the, court has jurisdiction, and that there are no merits in the case. It renders every issue in the suit res adjudicata, and is reviewable by the Circuit Court of Appeals.</p> <p>4. Same—Federal Court—Jurisdiction—Suit in Equitx.</p> <p>A suit in equity, dependent upon a former suit of which the federal court had jurisdiction, may be maintained in that court, without diversity of citizenship or a federal question, (1) to aid, enjoin, or regulate the original suit; (2) to restrain, avoid, explain, or enforce the judgment or decree therein; or (3) to enforce or adjudicate liens upon or claims to property in the custody of the court in the original suit.</p> <p>5. Same—Dependent Cause of Action Essential to Jurisdiction.</p> <p>A dependent cause of action, a cause of action for one of the purposes above specified, is indispensable to the jurisdiction of a dependent suit, although alter jurisdiction is acquired by means of such a cause the court may determine in a pro