US SUPREME COURT DECISIONS

Where the ground on which the jurisdiction of the circuit court was denied did not go to its jurisdiction as a federal court as such, but its jurisdiction was denied on the ground that the state court where the proceedings started had no jurisdiction, a direct appeal on the jurisdictional question will not lie to this Court under § 5 of the Judiciary Act of 1891.

It is not open to a defendant who has secured a removal and successfully resisted a motion to remand to raise the question that the removal was improper on a certificate of jurisdiction to this Court under § 5 of the Judiciary Act of 1891.

Appeal from 144 F.5d 2 dismissed.

The facts are stated in the opinion.