Olds v. Herman H. Hettler Lumber Co.

Citations

• 195 F. 9
• 115 C.C.A. 91
• 1912 U.S. App. LEXIS 1331

Syllabus

<p>1. Courts (§ 405*)—Circuit Court of Appeals—Appellate Jurisdiction—■ Jurisdictional Questions.</p> <p>Where the only question properly raised by the assignments of error is that of the jurisdiction of the trial court, the writ of error must be taken directly to the Supreme Court, hut if the trial court (lid decide, and the assignments of error fairly raise an independent question of general law as well as tlie question of jurisdiction, tlie Circuit Court of Appeals has power to hear and decide all the questions.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 1097-1099, 1101, 1103; Dec. Dig. § 405.*]</p> <p>25. Courts (§ 405*)—Circuit Court of Appeals—Appellate Jurisdiction— Jurisdictional Questions.</p> <p>Whether the giving of a forthcoming bond by the master of a vessel which had been attached in a suit against the owner amounted to a general appearance raised in this case a question of jurisdiction only, and an order vacating the attachment could not be reviewed by the Circuit Court of Appeals.</p> <p>[Ed. Note.—For other eases, see Courts, Cent. Dig. §§ 1097-1099, 1101, 1103; Dec. Dig. § 405.*</p> <p>Jurisdiction of Circuit Court of Appeals in general, see notes to Dau Ow Bew v. United States, 1C. C. A. 6; United States Freehold Land & Em. Co. v. Gallegos, 32 C. C. A. 475.]</p>