Opinion
No. 176.
Motion to dismiss. — Submitted November 16, 1908. Decided November 30, 1908.
Appeal dismissed for want of jurisdiction on authority of Kansas City Northwestern Railroad Co. v. Zimmerman, 210 U.S. 336.
The headnote in that case is as follows:
"Where the ground on which the jurisdiction of the circuit court was Page 559 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."
Mr. Aldis B. Browne, Mr. Alexander Britton, Mr. Isham N. Smith and Mr. James E. Babb attorneys for appellees.
No appearance for appellants.
Appeal dismissed for want of jurisdiction. Kansas City Northwestern Railroad Co. v. Zimmerman, 210 U.S. 336.
The headnote in that case is as follows:
"Where the ground on which the jurisdiction of the circuit court was Page 559 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."