Begg v. City of New York 13 16, 1923, 5
| Decision Date | 07 May 1923 |
| Docket Number | No. 5,5 |
| Parties | BEGG et al. v. CITY OF NEW YORK et al. Argued April 13-16, 1923 |
| Court | U.S. Supreme Court |
Messrs. Lindley M. Garrison and Charles A. Frueauff, both of New York City, for appellants.
Mr. Vincent Victory, of New York City, for appellees.
On the threshold of the hearing the appellees moved to dismiss this appeal, upon the ground that jurisdiction depends entirely upon diversity of citizenship and the decree of the Circuit Court of Appeals is therefore final.
The appellants were appointed receivers of the Manhattan & Queens Traction Corporation in a suit in equity brought against it in the United States District Court for the Eastern District of New York by a judgment creditor, for the administration of its assets. The jurisdiction depended entirely upon diversity of citizenship of the parties. The receivers, after taking possession of the Corporation's railway in the City of New York, which had been partly completed, filed a petition in this equity cause, alleging that the City, through its Board of Estimate and Apportionment, was threatening to adopt a resolution declaring a forfeiture of the franchise contract of the Corporation and of the completed portion of the railway for failure to complete the railway within the prescribed time. This, it was averred, would deprive the Corporation of its property in violation of the Fifth and Fourteenth Amendments of the Constitution of the United States and Article First of the Constitution of New York, and cause irreparable injury to the Corporation, its creditors, and the property in the custody of the receivers. Upon this petition the court granted the receivers ex parte a temporary injunction and an order to show cause why it should not be continued during the receivership; and thereafter, upon a summary hearing, the temporary injunction was made permanent and the City and the Board were enjoined until further order of the court from passing a resolution forfeiting or affecting the franchise contract of the Corporation or declaring its railway and property in the hands of the receivers to be the property of the City or otherwise interfering therewith in any manner. Upon appeal by the City and the Board, the Circuit Court of Appeals reversed the order of the District Court granting this injunction. Gas & Elec. Securities Co. v. Traction Corporation, 266 Fed. 625, 641. And the receivers have appealed to this Court.
Section 128 of the Judicial Code (Comp. St. § 1120) provides that, with certain exceptions not here involved, 'the judgments and decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being * * * citizens of different States.' This refers to the jurisdiction of the Federal court of first instance; and if the jurisdiction of the District Court depended entirely upon diversity of citizenship the appeal must be dismissed. Shulthis v. McDougal, 225 U. S. 561, 568, 32 Sup. Ct. 704, 56 L. Ed. 1205.
It is well settled that jurisdiction of a petition in intervention asserting a claim upon the property or fund being administered by the court is determined by the jurisdiction originally invoked in the main...
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