St. Louis Cotton Compress Co. v. American Cotton Co.

Citations

• 125 F. 196
• 60 C.C.A. 80
• 1903 U.S. App. LEXIS 4159

Syllabus

<p>L Judgment of Circuit Court—When Reviewable by Supreme Court and by Circuit Court of Appeals.</p> <p>The act creating the Circuit Courts of Appeals (Act March 3, 1891, c. 517, 26 Stat. 826 [U. S. Comp. St. 1901, p. 488]) gives to the Supreme Court jurisdiction to directly review a judgment of a Circuit Court which sustains an objection to its jurisdiction and dismisses the suit on that ground, and the Circuit Courts of Appeals have no jurisdiction to review such a judgment.</p> <p>9. Same—Service of Summons.</p> <p>Such a judgment, founded on the inadequate service of a summons in a suit pending in a state court before the case was removed to the United States Circuit Court is directly reviewable by the Supreme Court, and the Circuit Court of Appeals has no jurisdiction to review it.</p> <p>3. Same—Appeal—Review.</p> <p>The Supreme Court has jurisdiction under the act creating the Circuit Courts of Appeals to directly review questions involving the jurisdiction of the Circuit or District Courts which are common to all courts (such as the service of a summons) to the same extent'and in the same manner as it has jurisdiction to review questions peculiar to the federal courts as such (such as diversity of citizenship and amount in controversy).</p> <p>¶ 3. Review of jurisdiction of Circuit Courts, see note to Excelsior Wooden Pipe Co. v. Pacific Bridge Co., 48 C. C. A. 351.</p> <p>4. Same.</p> <p>The Supreme Court has jurisdiction to directly review the Jurisdiction of the Circuit Court to the same extent and in the same manner in case's in which the jurisdiction of that court as a federal court is based solely on diversity of citizenship that it has in cases in which such jurisdiction is founded on other grounds.</p> <p>(Syllabus by the Court.)</p>