City of Owensboro v. Owensboro Waterworks Co.

Citations

• 115 F. 318
• 53 C.C.A. 146
• 1902 U.S. App. LEXIS 4218

Syllabus

<p>1. Supreme Court — Appellate Jurisdiction — Constitutional Question.</p> <p>A municipal ordinance passed under the authority of a power over the-subject-matter delegated to the municipality by the legislature, at least where there is good color for the claim that it was in fact passed under delegated authority, is in effect a “law of the state,” within the meaning of section 5 of the act creating the circuit courts of appeals (26 Stat. 826); and where a bill filed in a circuit court seeks to enjoin the enforcement of such an ordinance on the ground that it is in contravention of the constitution of the United States the supreme court has jurisdiction of an appeal in the case under said section.</p> <p>2. Circuit Court of Appeals — Jurisdiction.</p> <p>Where the jurisdiction of a circuit court is based solely on the ground, clearly disclosed by the plaintiff’s pleading, that a law of a state is claimed to be in contravention of the constitution of the United States, the parties being citizens of the same state, the supreme court has exclusive jurisdiction of an appeal in the case, and an appeal will not lie to the circuit court of appeals, although other questions may also have been involved and may have determined the decision.1</p>