Railroad Commission v. Louisville & Nashville R. Co., 225 U.S. 272 (1912)

Railroad Commission of Mississippi v.

Louisville & Nashville Railroad Company
No. 903

Submitted May 13, 1912
Decided June 7, 1912
225 U.S. 272

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

Syllabus

A mere conflict between courts concerning the right to adjudicate upon a particular matter growing out of a priority of jurisdiction in another forum involves a question of comity, which there is no right to consider on a direct appeal to this Court under § 5 of the Act of 1891. Courtney v. Pradt, 196 U.S. 89.

In this case, held that the circuit court, in taking jurisdiction and deciding the cause on the merits notwithstanding there was a partial demurrer to the jurisdiction, maintained its power and jurisdiction as a Circuit Court and also necessarily decided questions arising under the Constitution expressly alleged in the bill.

Where, in rendering a decree on the merits, the court necessarily decided the constitutional question expressly alleged in the bill, the issue on that subject is open in this Court, whether the jurisdictional question be certified or not.

The facts are stated in the opinion.