City of Indianapolis v. Central Trust Co. of New York
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Bill by the Central Trust Company of New York against the city of Indianapolis and others. Heard on motion by complainant: to dismiss ah appeal by defendant city from an order sustaining a preliminary injunction. 82 Fed. 1. The appellee has entered a special appearance, and moved, in writing, to dismiss the appeal, for want of jurisdiction of this court over the subject-matter.
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Appeal from the Circuit Court of the United States for the District of Indiana. Bill by the Central Trust Company of New York against the city of Indianapolis and others. Heard on motion by complainant: to dismiss ah appeal by defendant city from an order sustaining a preliminary injunction. 82 Fed. 1. The appellee has entered a special appearance, and moved, in writing, to dismiss the appeal, for want of jurisdiction of this court over the subject-matter. The particular grounds on which the jurisdiction is denied are: First, that the case involves a question of the impairment of a contract,…
1Opinion of the CourtWoods, Circuit Judge
The right of appeal to this court from interlocutory orders of injunction is given by the seventh section of the judiciary act of 1891 only “in a cause in which an appeal.from a final decree may be taken under the provisions of this act to the circuit court of appeals”; and it is well settled by the language of the act, and by numerous decisions, that, “in any case that involves the construction or application of the constitution of the United States,” the only appeal allowed is to the *531supreme court, and under existing statutes that cannot be had until after final decree or judgment. Hamilton…
2Cases cited16 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Newton v. CommissionersSupreme Court of the United States · 1880
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- Lehigh Water Co. v. EastonSupreme Court of the United States · 1887
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
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3Cited by4 opinions
- Illinois Cent. R. Co. v. AdamsCourt of Appeals for the Fifth Circuit · 1899
- Home Telephone & Telegraph Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1907
- City of Dawson v. Columbia Ave. Saving-Fund, Safe-Deposit, Title & Trust Co.Court of Appeals for the Fifth Circuit · 1900
- Wright v. MacFarlane & Co.Court of Appeals for the Ninth Circuit · 1903