Fore River Shipbuilding Co. v. Hagg, 219 U.S. 175 (1911)

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Fore River Shipbuilding Co. v. Hagg

No. 75

Submitted December 16, 1910
Decided January 3, 1911
219 U.S. 175

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE DISTRICT OF MASSACHUSETTS

This Court takes notice of, and inquires as to, its own jurisdiction whether the question is raised by counsel or not. Mansfield &c. Ry. Co. v. Swan, 111 U.S. 379.

Section 5 of the Court of Appeals Act of March 3, 1891, c. 577, 26 Stat. 826, gives a direct review of the judgment of the circuit court as to its jurisdiction not upon general grounds of law or procedure, but of the jurisdiction of the court as a federal court. Louisville Trust Co. v. Knott, 191 U.S. 275; Bache v. Hunt, 193 U.S. 523.

Where jurisdiction by diversity of citizenship exists, the question of whether the circuit court has jurisdiction to enforce the decree of another sovereignty is a question of general law, and not a question peculiar to the jurisdiction of the federal court as such, and a direct appeal will not lie to this Court from the judgment of the Circuit Court.

The facts, which involve the jurisdiction of this Court of a direct appeal under § 5 of the Circuit Court of Appeals Act of 1891, are stated in the opinion.