65 F. 533 | 7th Cir. | 1895
The plaintiff brought suit in the court below in debt upon a bond in the penalty of $6,000, averring breaches to his damage $6,000, etc. The defendant pleaded (1) nil debet; (2)
We are without jurisdiction to entertain this writ of error. The dismissal of the suit proceeded solely upon the ground of want of jurisdiction, and there was no adjudication upon the merits. We have held in Manufacturing Co. v. Barber, 18 U. S. App.-, 9 C. C. A. 79, and 60 Fed. 465, that, when the only question presented by the record goes to the jurisdiction of the court below, a review of the determination of that question can only be had in the supreme court. See, also, Railroad Co. v. Meyers, 18 U. S. App.-, 10 C. C. A. 485, and 62 Fed. 367. The writ of error is dismissed for want of jurisdiction.