Highway Const. Co. v. McClelland

BOOTH, Circuit Judge.

Plaintiffs in error, defendants below, by this writ of error seek to review a judgment entered after verdict in the District Court for the Western District of Missouri. In the case of M. C. & L. M. Ry. v. Swan, 111 U. S. 379, 382, 4 S. Ct. 510, 511 (28 L. Ed. 462), the Supreme Court laid down the following rule:

“On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first of this court, and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested,…