Male v. Atchison, T. & S.F. Ry. Co.,
240 U.S. 97 (1916)

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U.S. Supreme Court

Male v. Atchison, T. & S.F. Ry. Co., 240 U.S. 97 (1916)

Male v. Atchison, Topeka & Santa Fe Railway Company

No. 220

Argued January 24, 1916

Decided February 21, 1916

240 U.S. 97


Whether a subsequent decision between the same parties upon the same cause of action makes the questions involved in the earlier decision moot involves the defense of the thing adjudged going to the merits, and cannot be considered on a direct appeal under § 238, Jud.Code, on which this Court can only consider the question of the jurisdiction of the court below.

So far as controversies in a case brought in the federal court depend alone upon the right to sue because of the district in which the parties reside, they are personal, and susceptible of being waived, and are not intrinsically and necessarily federal; but if they involve federal privileges not waived, they are federal questions susceptible of being brought to this Court by direct appeal under § 238, Jud.Code.

The asserted right to a judgment on bonds of a corporation created by act of Congress involves an inherently federal question.

A corporation is entitled to be sued in the district of its residence, and, without the consent of such corporation, the District Court of the United States for another district has no jurisdiction of an action involving an inherently federal question.

The facts, which involve the jurisdiction of this Court under § 238, Jud.Code, and of the district court under § 51, Jud.Code, are stated in the opinion.

Page 240 U. S. 98

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