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BROWN V. ALTON WATER CO., 222 U. S. 325 (1912)

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U.S. Supreme Court

Brown v. Alton Water Co., 222 U.S. 325 (1912)

Brown v. Alton Water Company

No. 75

Argued December 4, 5, 1911

Decided January 9, 1912

222 U.S. 325


This Court may not, by indirection, do that which it cannot do directly, and cannot therefore review on direct appeal a judgment of the circuit court on the question of jurisdiction based on a decision of the circuit court of appeals which it was the imperative duty of the circuit court to follow, and which is not, and cannot be, before this Court for review by appeal.

Where the circuit court dismisses for want of jurisdiction, and the circuit court of appeals does not deem the question of jurisdiction should be certified to this Court, but reverses and remands with directions to take jurisdiction, and this Court refuses certiorari, a direct appeal will not lie to this Court from the judgment of the circuit court based on the decision of the circuit court of appeals which it was the imperative duty of the circuit court to follow.

The Judiciary Act of 191 affords by one method or the other an opportunity for review by this Court of every judgment or decree of a lower court which the Judiciary Act contemplated should be reviewed by this Court.

The facts, which involve the jurisdiction of this Court over direct appeals from the circuit court, are stated in the opinion.

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