United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bardes v. Hawarden First Nat'l Bank, 175 U.S. 526 (1899)

Bardes v. Hawarden First National Bank

No. 429

Submitted December 20, 1899

Decided December 22, 1899

175 U.S. 526

Syllabus

The decision in McLish v. Bof, 141 U. S. 661, that appeals or writs of error in cases in which the jurisdiction of the court was in issue, can only be taken directly to this Court after final judgment, and the decision in United States v. Rider, 163 U. S. 132, that review by appeal, writ of error and otherwise must be as prescribed by the Judiciary Act of March 3, 1891, c. 517, and that the use of a certificate was limited by it to a certificate by the courts below, after final judgment, of questions made as to their own jurisdiction, and to the certificate by the circuit courts of appeals of questions of law, in relation to which the advice of this Court is sought as therein provided, are applicable to cases arising under the Bankruptcy Act of July 1, 1898, c. 541; and, as this case has not gone to judgment, the certificate must be dismissed.

The case is stated in the opinion.