American Sugar Refining Co. v. New Orleans
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was a petition for a writ of certiorari requiring the Uni-téd States Circuit Court of Appeals for the Fifth Circuit to certify to this court for its review and determination the case of the American Sugar Refining Company, Plaintiff in Error, v. The City of New Orleans, Defendant in Error, No. 920, November Term, 1899 ; or in the alternative for a writ of mandamus to command the judges of said court to…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was a petition for a writ of certiorari requiring the Uni-téd States Circuit Court of Appeals for the Fifth Circuit to certify to this court for its review and determination the case of the American Sugar Refining Company, Plaintiff in Error, v. The City of New Orleans, Defendant in Error, No. 920, November Term, 1899 ; or in the alternative for a writ of mandamus to command the judges of said court to hear, try and adjudge said cause. The petition alleged that on June 14, 1899, the city of New Orleans brought suit by rule…
1Opinion of the Court
Mil. Chief Justioe Fuller
delivered the opinion of the court.
The jurisdiction of the Circuit Court rested on diverse citizenship, and not on any other ground, and had the Circuit Court of xlppeals gone on and decided the case, its decision would have been final, and our interposition could only have been invoked by certiorari.
This was so notwithstanding one of the defences was the unconstitutionality of the ordinance. Colorado Central Mining Co. v. Turck, 150 U. S. 138; Press Publishing Co. v. Monroe, 164 U. S. 105; Ex parte Jones, 164 U. S. 691. These, and many other cases to the same effect,…
2Cases cited9 opinions
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