Macon Grocery Co. v. Atlantic Coast Line R. Co.
215 U.S. 501 (1910)

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U.S. Supreme Court

Macon Grocery Co. v. Atlantic Coast Line R. Co., 215 U.S. 501 (1910)

Macon Grocery Company v. Atlantic Coast Line Railroad Company

No. 351

Argued October 20, 21, 1909

Decided January 17, 1910

215 U.S. 501

Syllabus

A suit brought by shippers to enjoin a railroad company from putting a tariff schedule into effect on the ground that it violates rights secured by the Act to Regulate Commerce is a case arising under the Constitution and laws of the United States, and the jurisdiction of the circuit court over the person of the defendant must be determined accordingly.

Under the jurisdictional Act of March 3, 1875, c. 137, 18 Stat. 470, as amended by the Act of March 3, 1887, c. 373, 24 Stat. 552, corrected by the Act of August 13, 1888, c. 866, 25 Stat. 433, the circuit court in the district of which the defendant is not an inhabitant has not jurisdiction of a case arising under the Constitution and laws of the United States, even though diverse citizenship exist, the plaintiff resides in the district, and the cause be one alone cognizable in a federal court.

Where pleas to the jurisdiction which should have been sustained on one ground were overruled but subsequently the circuit court of appeals reversed and remanded with instructions to dismiss without prejudice for want of jurisdiction on a different ground, this Court may reach the result which should have been originally arrived at by affirming the decree of the circuit court of appeals without expressing any opinion as to the merits of the reasoning on which it was based.

166 F. 206 affirmed.

The facts, which involve the jurisdiction of the circuit court, are stated in the opinion.

Page 215 U. S. 502

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