Kendall v. American Automatic Loom Company…
“ It is asserted that the case does not involve the jurisdiction of the court below within the meaning of § 5 of the act of March 3, 1891 [26 Stat. at L. 827, chap. 517, U.S.C.omp. Stat. 1901, p. 549] , inasmuch as the jurisdiction of the circuit court as a Federal court is not questioned, the jurisdiction being denied upon grounds alike applicable to any other judicial tribunal, state or Federal, under the same circumstances. ”
