Anglo-American Provision Co. v. Davis Provision Co. No. 2, 191 U.S. 376 (1903)

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Anglo-American Provision Co. v. Davis Provision Co. No. 2


No. 63


Argued November 9, 1903
Decided November 30, 1903
191 U.S. 376

APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

When the circuit court has decided the question of its jurisdiction and the alleged unconstitutionality of a state law in favor of the plaintiff, but has decided against him on the merits, the plaintiff cannot appeal directly to this Court under the Act of March 3, 1891, c. 517, § 5, for the purpose of a revision of the judgment on the merits.

The facts are stated in the opinion.