United States Supreme Court Cases & Opinions

U.S. Supreme Court

Missouri v. Missouri Pacific Railway Co., 292 U.S. 13 (1934)

Missouri v. Missouri Pacific Railway Co.

No. 824

Jurisdictional statement submitted February 28, 1934

Decided April 2, 1934

292 U.S. 13

Syllabus

1. Under the Act of February 13, 1925, this Court cannot entertain a direct appeal from a decree of the District Court denying preference to a money claim of a State against a railway company in a receivership proceeding. P. 292 U. S. 15.

2. The provision of the Judiciary Act of 1891, § 5, for direct appeal to this Court from the Circuit (later District) Court in cases involving the Constitution was deleted by the Act of 1925, and direct appeal in the cases of that class covered by Jud.Code, § 266, as amended, lies only where hearing in the District Court was before three judges, as provided in that section. P. 292 U. S. 15.

Appeal dismissed.

The State in this case sought to support the appeal upon the ground that enforcement of its claim was supplementary to a decree in an earlier case, directed by this Court in the exercise of the jurisdiction by direct appeal then allowed by the Act of 1891.

Page 292 U. S. 14