Huguley Manufacturing Co. v. Galeton Cotton Mills

Citations

• 184 U.S. 290
• 22 S. Ct. 452
• 46 L. Ed. 546
• 1902 U.S. LEXIS 2304

Syllabus

<p>By the act of March 3, 1891, the judgments and decrees of the Circuit Courts of Appeals are made final in all cases in which the jurisdiction of the Circuit Court as- originally invoked, is dependent entirely on diversity of citizenship.</p> <p>If after the jurisdiction has attached on that ground, issues are raised and decided, bringing the case within either of the classes defined in section five of the act, the case may be brought directly to this court, although it may be carried to the Circuit Court of Appeals, in which event the final judgment of that court cannot be reviewed in this court as of right.</p> <p>If the jurisdiction of the Circuit Court rests solely on the ground that, the suit aros,e under the Constitution, laws or treaties of the United States, then the jurisdiction of this court is exclusive, but if it is placed on diverse citizenship, and also on grounds independent of that, then if carried to the Circuit Court of Appeals, the decision of that court would not be made final by the statute.</p> <p>The use of the words “ or otherwise ” in the statute, when it provides that cases in which the decrees or judgments of the Circuit Court of Appeals are made final, may be brought here by “ certiorari or otherwise,” adds nothing to the power of this court, to so direct, as any order or writ in that behalf must be ejusclem generis with certiorari.</p> <p>Pending this appeal, appellants applied for certiorari to perfect the record, on diminution suggested, which was granted, and the omissions supplied. This auxiliary writ did not operate to bring the' case before the court or in itself to add any support to the appeal.</p> <p>Appellants took no appeal from the Circuit Court directly to this court, even assuming that this could have been done. The sole ground on which the jurisdiction of the Circuit Court was invoked was diversity of citizenship and the decree of the Circuit Court of Appeals was made final by the statute. This appeal therefore could not