Edward Terry Sanford

“ 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. ”

“ 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 cause, by virtue of which the intervening petition is entertained ”

“ It results that the decree of the Circuit Court of Appeals as to the petition of the receivers has the same finality as would a decree in the main cause; jurisdiction of the one as of the other depending entirely upon the diversity of citizenship in the main cause. ”