New Orleans v. Emsheimer, 181 U.S. 153 (1901)

New Orleans v. Emsheimer


No. 337


Submitted December 10, 1900
Decided April 15, 1901
181 U.S. 153

APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

Where a bill in equity was demurred to on the ground that the Circuit Court had no jurisdiction as such, and also on the ground that the remedy was at law, and the demurrer was sustained and the bill dismissed on the latter ground without prejudice to an action at law, the City of New Orleans, defendant below, was not aggrieved in a legal sense by its own success, and cannot bring the decree in its favor here on a certificate of jurisdiction.