Kansas City Northwestern R. Co. v. Zimmerman, 210 U.S. 336 (1908)

Kansas City Northwestern Railroad Company v. Zimmerman


No. 231


Submitted April 28, 1908
Decided June 1, 1908
210 U.S. 336

APPEAL FROM THE CIRCUIT COURT OF THE
UNITED STATES FOR THE DISTRICT OF KANSAS

Syllabus

Where the ground on which the jurisdiction of the circuit court was denied did not go to its jurisdiction as a federal court as such, but its jurisdiction was denied on the ground that the state court where the proceedings started had no jurisdiction, a direct appeal on the jurisdictional question will not lie to this Court under § 5 of the Judiciary Act of 1891.

It is not open to a defendant who has secured a removal and successfully resisted a motion to remand to raise the question that the removal was improper on a certificate of jurisdiction to this Court under § 5 of the Judiciary Act of 1891.

Appeal from 144 F. 522 dismissed.

The facts are stated in the opinion.