Kansas City Northwestern R. Co. v. Zimmerman
210 U.S. 336 (1908)

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U.S. Supreme Court

Kansas City Northwestern R. Co. v. Zimmerman, 210 U.S. 336 (1908)

Kansas City Northwestern Railroad Company v. Zimmerman

No. 231

Submitted April 28, 1908

Decided June 1, 1908

210 U.S. 336


Where the ground on which the jurisdiction of the circuit court was denied did not go to its jurisdiction as a federal court as such, but its jurisdiction was denied on the ground that the state court where the proceedings started had no jurisdiction, a direct appeal on the jurisdictional question will not lie to this Court under § 5 of the Judiciary Act of 1891.

It is not open to a defendant who has secured a removal and successfully resisted a motion to remand to raise the question that the removal was improper on a certificate of jurisdiction to this Court under § 5 of the Judiciary Act of 1891.

Appeal from 144 F. 522 dismissed.

The facts are stated in the opinion.

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