Keatley v. Furey, 226 U.S. 399 (1912)

Keatley v. Furey

No. 84

Argued December 12, 1912
Decided December 23, 1912
226 U.S. 399

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

In order to warrant a direct appeal to this Court under § 5 of the Court of Appeals Act of 1891, the jurisdiction of the federal court as such must be involved.

Whether title to the assets outside the state passed to a receiver of a corporation under an order of the court in the state of organization depends upon the law of that state, and a decision by a federal court in another state having custody of assets through a receiver that no title passed and dismissing a petition of the first named receiver to intervene does not involve the question of jurisdiction of the federal court and warrant a direct appeal to this Court.

In such a case, the judge denying the petition to intervene is right in certifying that no question of jurisdiction exists.

In such a case, the federal court has jurisdiction over the intervention whether it has jurisdiction as a federal court of the principal case or not, and until final decree in the principal case, the question of jurisdiction is not open.

The facts, which involve questions of jurisdiction of the federal court, are stated in the opinion.