Melville Fuller

“ If the jurisdiction of the circuit court rests solely on the ground that the suit arises under the Constitution, laws, or treaties of the United States, then the jurisdiction of this court is exclusive, but if it is placed on diverse citizenship, and also on grounds independent of that, then, if carried to the court of appeals, the decision of that court would not be made final, and appeal or writ of error would lie. ”

“ Many matters are urged, such as alleged lack of indispensable parties below and so on, as reasons why an appeal ought to lie, but our jurisdiction depends on the statute, and cannot be enlarged by the supposed hardship of particular cases. Finally, it is argued that a large part of the property dealt with by the decree is situated in the state of Alabama, and it is said that therefore the decrees of both courts are void for want of jurisdiction over the subject-matter. ”

“ Ct. Rep. 40; Ex parte Jones, 164 U.S. 691, 41 L. ed. 601, 17 Sup. Ct. Rep. 222; American Sugar Ref. Co. v. New Orleans, 181 U.S. 277, 45 L. ed. 859, 21 Sup. Ct. Rep. 646; Arkansas v. Kansas & T. Coal Co. ”