OLIVER CO. V. MEXICO, 264 U. S. 440 (1924)

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U.S. Supreme Court

Oliver Co. v. Mexico, 264 U.S. 440 (1924)

Oliver American Trading Company, Inc. v. Mexico

No. 662

Argued March 13, 1924

Decided April 7, 1924

264 U.S. 440


1. On a jurisdictional review under Jud.Code § 238, the district judge's certificate of a jurisdictional question does not relieve this Court of the duty of determining for itself whether the question certified is one of the jurisdiction of the lower court as a federal court. P. 264 U. S. 442.

2. Where an attachment suit in New York against the government of Mexico was removed to the district court and dismissed for lack

Page 264 U. S. 441

of jurisdiction upon the ground of sovereign immunity, held that a writ of error from this Court would not lie under§ 238, since the question was one of general law, applicable to state and federal courts alike, and that the case should be transferred to the circuit court of appeals under Jud.Code, § 238(a). P. 264 U. S. 442.

Case transferred to circuit court of appeals.

Error to a Judgment of the district court dismissing, for want of jurisdiction, an action by attachment against the government of Mexico, removed from a court of New York.

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