The petitioners base their application for relief in this court upon the contention that the circuit court had no jurisdiction in the case brought by the Pennsylvania Steel Company, and others, against the New York City Railway Company, to appoint receivers, or to grant any relief asked for in the bill of complaint in that suit. And, as they have been denied leave to intervene therein, and they cannot appeal from the order denying such request (Ex parte Cutting, 94 U.S. 14, 24 L. ed. 49; Credits Commutation Co. v. United States, 177 U.S. 311, 44 L. ed. 782, 20 Sup. Ct. Rep. 636), they assert they are without any remedy, unless it be granted on this application. The basis of their contention, that the circuit court was without jurisdiction, rests upon the assertion that there was no controversy or dispute between the parties to that suit. The counsel for the parties favoring the jurisdiction insist that these petitioners are not entitled to the remedy sought by them in this court, either by mandamus or prohibition, because the case made by them is not such as to authorize the court to issue either writ, as prayed for.
Without going into the question of the right of this court to grant the remedy sought, we prefer to place our decision upon the ground that the circuit court had jurisdiction, and that its action in exercising it was, therefore, valid.
The statutes defining the jurisdiction of the circuit court (act March 3, 1875, chap. 137, § 1, 18 Stat. at L. 470; act March 3, 1887, chap. 373, § 1, 24 Stat. at L. 552; act August 13, 1888, chap. 866, § 1, 25 Stat. at L. 433, U.S.C.omp. Stat. 1901, pp. 507, 508) confer it, among other cases, where 'there shall be a controversy between citizens of different states in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid' ($2,000).