Keatley v. Furey

Citations

• 226 U.S. 399
• 33 S. Ct. 121
• 57 L. Ed. 273
• 1912 U.S. LEXIS 2162

Syllabus

<p>In order to warrant a direct appeal to this court under § 5 of the Court of Appeals Act of 1891, the jurisdiction of the Federal court as such must be involved.</p> <p>Whether title to the assets outside the State passed to a receiver of a corporation under an order of the court in the State of organization depends upon the law of that State, and a decision by a Federal court in another State having custody of assets through a receiver that no title passed and dismissing a petition of the first named receiver to intervene, does not involve the question of jurisdiction of the Federal court and warrant a direct appeal to this court.</p> <p>In such a case the judge denying the petition to intervene is right in certifying that no question of jurisdiction exists.</p> <p>In such a case the Federal court has jurisdiction over the intervention whether it has jurisdiction as a Federal court of the principal case or not; and until final decree in the principal ease the question of jurisdiction is not open.</p>