(Download) "Carey v. Houston and Texas Central Railway Company." by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: Carey v. Houston and Texas Central Railway Company.
- Author : Supreme Court of the United States
- Release Date : January 02, 1896
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
By the fifth section of the judiciary act of March 3, 1891, c. 517, 26 Stat. 826, it is provided that appeals may be taken from the Circuit Courts directly to this court "in any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision." And we held in respect of the direct appeal to this court taken from the decree of the Circuit Court in this cause that such an appeal was not authorized simply because the jurisdiction of the Circuit Court over another suit previously determined by the same court, might be involved, and we said: "It is the jurisdiction of the court below over the particular case in which the appeal from the decree therein is prosecuted, that, being in issue and decided against the party raising it and duly certified, justifies such an appeal directly to this court. This suit to impeach the decree of May 4, 1888, and to prevent and consummation of the alleged plan of reorganization, was a separate and distinct case, so far as this inquiry is concerned, from a suit to foreclose the mortgages on the railroad property; and no question of jurisdiction over the foreclosure suit or the rendition of the decree passed therein can be availed of to sustain the present appeal from the decree in this proceeding." Carey v. Houston & Texas Central Railway, 150 U.S. 170, 180.
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