United States v. Larkin

Citations

• 208 U.S. 333
• 28 S. Ct. 417
• 52 L. Ed. 517
• 1908 U.S. LEXIS 1445

Syllabus

<p>Where the Circuit Court of Appeals has already affirmed the judgment of the District or Circuit Court, a writ of error from this court to the District or Circuit Court to review the judgment on the jurisdictional ground cannot be maintained unless the proceedings in the Circuit Court of Appeals were absolutely void.</p> <p>Ordinarily .a formal certificate is essential and it must be made at the same term at which the judgment is rendered; but where the record shows that the only matter tried and decided, and sought to be reviewed, was one of the jurisdiction of the court, ibe question of jurisdiction is sufficiently certified.</p> <p>District Courts of the United States are the proper courts to adjudicate forfeitures; and where the plea to the jurisdiction is simply whether the particular court has jurisdiction, by reason of the locality in which the goods were seized, the question involved is not the jurisdiction of the United States court as such, and the question cannot be certified to this court under § 5 of the Judiciary Act of 1891; but the ease is appealable to the Circuit Court of Appeals.</p> <p>When the question of the jurisdiction of the District or Circuit Court as a court of the United States is in issue, and is certified to this court under § 5 of the Judiciary Act of 1891, no other question can be considered and the jurisdiction of this court is exclusive; as to the other classes of cases enumerated in § 5 the act of 1891 does not contemplate separate appeals or writs of error on the merits in the same case and at the same time to . two appellate courts.</p>