City of New York v. Consolidated Gas Co. of NY

City of New York v. Consolidated Gas Company of New York Et Al.

City of N.Y. v. Consol. Gas Co. of NY, 253 U.S. 219 (1920)

Court: Supreme Court of the United States
Decided: June 1, 1920
Docket: No. 566
Judges: Day
Citations: 253 U.S. 21940 S. Ct. 51164 L. Ed. 8701920 U.S. LEXIS 1415

Syllabus

A city applied to intervene in a suit brought by a gas company to enjoin state officials from enforcing a rate alleged to be confiscatory. Held, ■ that the application was addressed to the discretion of the District Court, and that an order denying it was not final for purpose of appeal. P. 221. When the Circuit Court of Appeals erroneously assumes jurisdiction of a case in which the District Court’s jurisdiction is based wholly on constitutional grounds, and makes a final order, this court has jurisdiction to correct the error upon appeal under Jud. Code, § 241. P. 221. The proper course for this court in such cases is to reverse the order of the Circuit Court of Appeals with directions to dismiss the appeal. Id. Reversed.

Summary

APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. ■ The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Day

Memorandum opinion by direction of the court, by Mr. Justice Day.

The Consolidated Gas Company of New York brought suit to enjoin the enforcement of the New York eighty-cent gas law. The jurisdiction was invoked solely upon the ground that the rate was confiscatory and hence violated constitutional rights of the company. The City of New York applied for leave to intervene as a party defendant in the action. The District Judge denied the petition for Nterventior stating that the Public Service Commission, the Attorney General and the District Attorney properly' re^-esented private consumers; that the City had noninterest in the litigation as a consumer; w;as not the governmental body which had fixed the rate, and was not charged with the duty of enforcing it. From the order denying the application to intervene the City of New York prosecuted an appeal to the Circuit Court of *221 Appeals, and the latter court affirmed the order of the District Court.

The application was addressed to the discretion of the District Court, and the order appealed from was not of that final character which furnished the basis for appeal.

Ex parte Cutting, 94 U. S. 14, 22 ;

Credits Commutation Co.

v. United States, 177 U. S. 311, 315 ;

Ex parte Leaf Tobacco Board of Trade, 222 U. S. 578, 581 . As the jurisdiction of the District Court was based upon constitutional grounds only, the case was not appealable to the Circuit Court of Appeals. But, an appeal having been taken and a final order made in the Circuit Court of Appeals, we have jurisdiction to review the question of jurisdiction of that court. (Judicial Code, § 241.)

Union & Planters’ Bank v. Memphis, 189 U. S. 71, 73 .

The proper course is to reverse the judgment of the Circuit Court of Appeals, and remand the case to that court with directions to dismiss the appeal.

Four hundred and forty-three Cans of Egg Product v. United States, 226 U. S. 172, 184 ;

Carolina Glass Company v. South Carolina, 240 U. S. 305, 318 .

So ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 36 cases

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Relies on it most ⓘ

State of Washington v. United States87 F.2d 421 (9th Cir. 1936)
Cresta Blanca Wine Co. v. Eastern Wine Corporation143 F.2d 1012 (2d Cir. 1944)
County of Bergen v. Port of New York Authority160 A.2d 811 (N.J. 1960)
Radford Iron Co. v. Appalachian Electric Power Co.62 F.2d 940 (4th Cir. 1933)
United States v. Radice40 F.2d 445 (2d Cir. 1930)
Federal Land Bank of Springfield v. Hansen113 F.2d 82 (2d Cir. 1940)

Most recent

Cascade Natural Gas Corp. v. El Paso Natural Gas Co.386 U.S. 129 (1967)
United States v. American Society Of Composers, Authors And Publishers317 F.2d 90 (2d Cir. 1963)
County of Bergen v. Port of New York Authority160 A.2d 811 (N.J. 1960)
Grijalva v. Elkins287 P.2d 970 (Colo. 1955)
Campo Corp. v. Feinberg279 A.D. 302 (1952)
People of the State of California v. United States180 F.2d 596 (9th Cir. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Ex Parte Cutting, 94 U.S. 14 (1877)	99
	Credits Commutation Co. v. United States, 177 U.S. 311 (1900)	97
	Four Hundred & Forty-Three Cans of Frozen Egg Prod. v. United States, 226 U.S. 172 (1912)	60
	Union & Planters' Bank v. Memphis, 189 U.S. 71 (1903)	59
	Ex Parte Leaf Tobacco Bd. of Trade of N.Y., 222 U.S. 578 (1911)	53
	Carolina Glass Co. v. South Carolina, 240 U.S. 305 (1916)	30

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