Kentucky State Board of Control for Charitable Institutions v. Lewis
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Kentucky. In Equity. Suit by Edward C. Lewis and John H. Kitchen, partners as Lewis & Kitchen, against the Kentucky State Board of Control for Charitable Institutions and others. Defendants appeal from a decree granting an injunction.
1Per curiam
In this cause the assignments of error are directed solely to the question of the jurisdiction of the court below in the case whereunto the bill in this case is ancillary. This bill depends for the jurisdiction, not upon the conditions of jurisdiction requisite to an independent suit, but upon the jurisdiction of the case which it is filed to promote. No question of merits of the controversy is presented.
In these circumstances, the jurisdiction of an appeal is exclusively vested in the Supreme Court by section 5 of the act creating the Court of Appeals (Act March 3, 1891, c. 517, 26 Stat. 827…
2Cases cited3 opinions
- Pope v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Coler v. Grainger CountyCourt of Appeals for the Sixth Circuit · 1896
- United States ex rel. County of Iron v. SeverensCourt of Appeals for the Sixth Circuit · 1896
3Cited by2 opinions
- A. J. Phillips Co. v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Olds v. Herman H. Hettler Lumber Co.Court of Appeals for the Sixth Circuit · 1912