US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

SMYTH V. ASPHALT BELT RY. CO., 267 U. S. 326 (1925)

Subscribe to Cases that cite 267 U. S. 326 RSS feed for this section

U.S. Supreme Court

Smyth v. Asphalt Belt Ry. Co., 267 U.S. 326 (1925)

Smyth v. Asphalt Belt Railway Company

No. 206

Argued January 20, 1925

Decided March 2, 1925

267 U.S. 326


1. The propriety of a transfer of a case from the circuit court of appeals will be inquired into by this Court of its own motion. P. 267 U. S. 327.

2. A decree of the district court dismissing a bill "for lack of jurisdiction" but in the absence of any challenge of the court's jurisdiction as a federal court, and based upon a conclusion, after full hearing upon pleadings and evidence, that the acts sought to be enjoined were not violative of rights claimed by the plaintiff under a federal statute, held not to involve the jurisdiction of the district court as a federal court, and not appealable directly to this Court, but to the circuit court of appeals. P. 267 U. S. 328.

3. When the district court lacks jurisdiction as a federal court, it is without power to impose costs on the plaintiff. P. 267 U. S. 330.

292 F.8d 6 returned to the circuit court of appeals.

Appeal from a decree of the district court which dismissed a bill by which the appellants sought to enjoin condemnation of their land for railway purposes. The case was transferred to this Court by the circuit court of appeals, to which the appeal was taken. It is now returned to that court. chanroblesvirtualawlibrary

Page 267 U. S. 327

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™