BOGART V. SOUTHERN PACIFIC CO., 228 U. S. 137 (1913)

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U.S. Supreme Court

Bogart v. Southern Pacific Co., 228 U.S. 137 (1913)

Bogart v. Southern Pacific Company

No. 165

Argued March 5, 1913

Decided April 7, 1913

228 U.S. 137


The question intended to be brought to this Court by direct appeal under § 5 of the Circuit Court of Appeals Act is the jurisdiction of the circuit court as a federal court; questions of general jurisdiction applicable as well to state as to federal tribunals are not included in such review.

The question cannot be brought into the record by certificate if not really presented, and whether so presented or not this Court will determine for itself. Darnell v. Illinois Cent. R. Co., 225 U. S. 243.

Page 228 U. S. 138

Neither § 737, Rev.Stat., nor Equity Rule 47 defines what an indispensable party to an action is, but each simply formulates principles already controlling in courts both state and federal; a decision dismissing a case removed from the state court because of the absence of an indispensable party rests on the broad principle of general law in that respect, and a direct appeal does not lie under § 5 of the Act of 1891.

Where the Circuit Court dismisses a case removed from the state court for want of an indispensable party the question is not one of jurisdiction of the federal court as such, and this Court cannot, in a direct appeal under 5 of the Circuit Court of Appeals Act, answer a question embodied in a certificate as to whether under such circumstance the case should be remanded to the state court.

The facts, which involve the jurisdiction of this Court of direct appeals under § 5 of the Circuit Court of Appeals Act of 1891, are stated in the opinion.

Page 228 U. S. 141

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