Kansas City Northwestern Railroad v. Zimmerman

Citations

• 210 U.S. 336
• 28 S. Ct. 730
• 52 L. Ed. 1084
• 1908 U.S. LEXIS 1512

Syllabus

<p>Where the ground on which the jurisdiction of the Circuit Court was denied did not go to its jurisdiction as a Federal court as such, but its jurisdiction was denied on the ground that the state court where the proceedings started had no jurisdiction, a direct appeal on the jurisdictional question will not lie to this court under § 5 of the Judiciary Act of 1891.</p> <p>It is not open to a defendant who has secured a removal and successfully resisted a motion to remand to raise the question that the removal was improper on a certificate of jurisdiction to this court under § 5 of the Judiciary Act of 1891.</p> <p>Appeal from 144 Fed. Rep. 522, dismissed.</p>