In Re Lehigh Mining & Manufacturing Co.

Citations

• 156 U.S. 322
• 15 S. Ct. 375
• 39 L. Ed. 438
• 1895 U.S. LEXIS 2136

Syllabus

<p>A corporation organized under the laws of Pennsylvania brought an action in ejectment in the Circuit Court of the United States in the Western District of Virginia. The defendant by plea set up that a conveyance bf the land had been made to the Pennsylvania corporation collusively, , and for the purpose of conferring jurisdiction on the Circuit Court. The court was of opinion that the allegations of the plea were sustained, and dismissed the action for want of jurisdiction. The plaintiff duly excepted and the exceptions were allowed and signed. The plaintiff then prayed for a writ' of error to this court upon the question of jurisdiction, and a writ was allowed “ as prayed for” at the same term of court. At a subsequent term the plaintiff applied to the court below for an order certifying the question of jurisdiction to this court pursuant to § 5 of the Judiciary Act of March 3, 1891, c. 517, 26 Stat. 826. This application being denied, the plaintiff applied to this court for leave to file a petition for a writ of mandamus requiring the court below to certify the question of jurisdiction to this court. Held, that leave should be denied, as, independently of other considerations, the requisition of the statute in that respect had already been sufficiently complied with.</p>