Railroad Commission of the State of Mississippi v. Louisville & Nashville Railroad Company

Citations

• 225 U.S. 272
• 32 S. Ct. 756
• 56 L. Ed. 1087
• 1912 U.S. LEXIS 2086

Syllabus

<p>A mere conflict between courts concerning, the right to adjudicate upon a particular matter growing out of a priority of jurisdiction in another forum involves a question of 'comity, which there is no right to consider on a direct' appeal to this court under § 5 of the act of 1891. Courtney v. Pradt, 196 U. S. 89.</p> <p>In this case held, that the Circuit Court in taking jurisdiction and deciding the cause on the merits, notwithstanding there was a partial demurrer to the. jurisdiction, maintained its power and jurisdiction as a Circuit Court, and also necessarily decided questions arising under the Constitution expressly alleged in the bill.</p> <p>Where in rendering a decree on the merits the Gourt necessarily decided the constitutional question expressly alleged in the bill, the issue on that subject is open in this court, whether the jurisdictional question be certified or not.</p>