Legal Opinion

Meyer v. Kansas City Southern Ry. Co.

District Court, S.D. New York

Decided September 6, 1935PublishedCited by 5 opinions

1Opinion of the Court

WOOLSEY, District Judge.

My decision in this cause is that there must be a final decree dismissing without costs the bill of complaint herein on the ground that this court is without subject-matter jurisdiction of the controversy therein set forth.

I. As this is a court of limited jurisdiction, the first matter always to be decided in respect of any action or suit is whether the court has subject-matter jurisdiction thereof. Questions of venue, of jurisdiction of the persons of the defendants, of the plaintiff’s locus standi, and as to whether a cause of action is stated or not should not be…

2Cases cited26 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  3. Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
  4. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
  5. Missouri v. LewisSupreme Court of the United States · 1880

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3Cited by5 opinions

  1. Tucker v. New Orleans Laundries, Inc.District Court, E.D. Louisiana · 1949
  2. Downing v. HowardDistrict Court, D. Delaware · 1946
  3. McGrier v. P. Ballantine & SonsDistrict Court, E.D. New York · 1942
  4. In re St. Louis Southwestern Ry. Co.District Court, E.D. Missouri · 1944
  5. Neet v. HolmesDistrict Court, S.D. California · 1940

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