In re Aspinwall's Estate
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. On motion to dismiss appeal.
1Concurrence
BRADFORD, District Judge.
I fully concur with the majority of the court in the dismissal of the appeal. We are all satisfied that the provisions of the act of March 3, 1891, creating the circuit courts of appeals, do not confer upon them power to entertain an appeal from the order of a circuit court remanding a cause to a state court for want of jurisdiction in the circuit court. This is admittedly a safe and sufficient ground to support the order of dismissal. But the majority of the court, after stating that “we are all of opinion that the necessary effect of these provisions is to deny to…
2Cases cited4 opinions
- Beal v. City of SomervilleCourt of Appeals for the First Circuit · 1892
- Beach v. HobbsU.S. Circuit Court for the District of Massachusetts · 1897
- Menge v. The MadridU.S. Circuit Court for the District of Eastern Louisiana · 1889
- In re CoeCourt of Appeals for the First Circuit · 1892