United States Supreme Court Cases & Opinions

U.S. Supreme Court

Begg v. City of New York, 262 U.S. 196 (1923)

Begg v. City of New York

No. 5

Argued April 13, 16, 1923

Decided May 7, 1923

262 U.S. 196

Syllabus

When an application is made to the district court in a pending suit for a summary injunction to protect the exercise of the court's jurisdiction in that suit and prevent interference with property of which it has custody therein, the jurisdiction of the summary proceeding depends upon, and takes its character from, the jurisdiction of the main cause, and, when this is based on diverse citizenship only, the summary jurisdiction rests wholly on that basis also, even though federal questions are set up in the application as ground for the summary relief, and, consequently, a decree of the circuit court of appeals, upon review of the summary

Page 262 U. S. 197

proceeding, has the same finality, under Jud.Code, § 128, as its decree in the main cause would have, and is not reviewable here by appeal. P. 262 U. S. 198.

Appeal to review 266 F.6d 5 dismissed.

Appeal from a decree of the circuit court of appeals reversing a decree of the district court, which granted a summary injunction upon application of receivers in a pending equity suit.