City of New York v. Consolidated Gas Co. of NY

Citations

• 253 U.S. 219
• 40 S. Ct. 511
• 64 L. Ed. 870
• 1920 U.S. LEXIS 1415

Syllabus

<p>A city applied to intervene in a suit brought by a gas company to enjoin state officials from enforcing a rate alleged to be confiscatory. Held, ■ that the application was addressed to the discretion of the District Court, and that an order denying it was not final for purpose of appeal. P. 221.</p> <p>When the Circuit Court of Appeals erroneously assumes jurisdiction of a case in which the District Court’s jurisdiction is based wholly on constitutional grounds, and makes a final order, this court has jurisdiction to correct the error upon appeal under Jud. Code, § 241. P. 221.</p> <p>The proper course for this court in such cases is to reverse the order of the Circuit Court of Appeals with directions to dismiss the appeal. Id.</p> <p>Reversed.</p>