Banco Popular v. Wilcox
255 U.S. 72 (1921)

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U.S. Supreme Court

Banco Popular v. Wilcox, 255 U.S. 72 (1921)

Syllabus

1. The Act of January 28, 1915, c. 22, 38 Stat. 803, amending the Judicial Code so as to provide review of judgments of the United States Court of Porto Rico partly in this Court and partly in the Circuit Court of Appeals for the First Circuit should be construed with reference to the principle of distributing appellate jurisdiction established by the Judiciary Act of 1891. P. 255 U. S. 74.

2. Held that a judgment which previously would have been reviewable in this Court only because of pecuniary amount (Jud.Code, § 244) but which, under the Act of 1915,went directly to the circuit court of appeals, could not be brought here by appeal from that court, although not among those enumerated a final by Jud.Code, § 128. Id.

Appeal to review 255 F. 442 dismissed for want of jurisdiction.

This was an appeal from a decree of the Circuit Court of Appeals for the First Circuit reversing a decision of the United States District Court for Porto Rico which required the appellee to pay the appellant $9,631.92, the amount due on certain mortgages of real estate in Porto Rico, the unpaid principal of which amounted to $6,300.00, and, in default of such payment, directed a foreclosure. The plaintiff bank was a Porto Rico corporation and the defendant a citizen of the United States.

Page 255 U. S. 73

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