United States Supreme Court Cases & Opinions

U.S. Supreme Court

De Rees v. Costaguta, 254 U.S. 166 (1920)

De Rees v. Costaguta

No. 341

Submitted October 11, 1920

Decided December 6, 1920

254 U.S. 166

Syllabus

A jurisdictional appeal, directly to this Court from the district court under § 238 of the Judicial Code, will not lie where the question of jurisdiction presented and decided involved only principles common to courts in general, and not the jurisdiction of the district court as a federal court. P. 254 U. S. 173.

Whether the allegations of a bill are adequate to justify the relief sought is not a question of jurisdiction. Id.

Where the jurisdiction of the district court is invoked against nonresident defendants under Jud.Code § 57 to enforce a lien on property within the district claimed to result from a contract between them and the plaintiff, a decision quashing service by publication, followed by a judgment dismissing the bill upon the ground that

Page 254 U. S. 167

the contract alleged create no lien upon or right in rem in such property, does not involve the jurisdiction of the court a a federal court. Id. Chase v. Wetzlar, 225 U. S. 79, distinguished.

Questions arising under the Constitution are not presented in this case. P. 254 U. S. 174.

Appeal dismissed.

The case is stated in the opinion.

Page 254 U. S. 169