Halpin v. Amerman

Decided April 26, 1905.)

Second Circuit Court of Appeals · decided 1905-04-26

Ciecutt Court of Appeals — Jurisdiction. The Circuit Court of Appeals is without jurisdiction of proceedings in error which involve only the question of the jurisdiction of the Circuit Court in the cause. [Ed. Note. — For cases in point, see vol. 13, Cent. Dig. Courts, § 1099. Review of jurisdiction of Circuit Courts, see note to Excelsior Wooden-Pipe Co. v. Pacific Bridge Co., 48 C. C. A. 357.]

Cited by 2 later decisions — most recently April 1920

2 federal appellate ·

1 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1905-04-26

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¶1Ciecutt Court of Appeals — Jurisdiction.

¶2The Circuit Court of Appeals is without jurisdiction of proceedings in error which involve only the question of the jurisdiction of the Circuit Court in the cause.

¶3[Ed. Note. — For cases in point, see vol. 13, Cent. Dig. Courts, § 1099. Review of jurisdiction of Circuit Courts, see note to Excelsior Wooden-Pipe Co. v. Pacific Bridge Co., 48 C. C. A. 357.]

¶4In Error to the Circuit Court of the United States for the Southern District of New York.

¶5J. A. Allen, for plaintiff in error.

¶6Before WALLACE, TOWNSEND, and COXE, Circuit Judges..

¶7PER CURIAM.

¶8This case involves the single question whether the court below had jurisdiction of the action. That question is-one which this court cannot entertain, and which can only be reviewed by the Supreme Court upon writ of error taken direct from the Circuit Court to that court.

¶9The writ of error must consequently be dismissed.