California Oil & Gas Co. v. Miller

U.S. Court of Appeals for the Ninth Circuit
California Oil & Gas Co. v. Miller, 115 F. 1017 (9th Cir. 1902)
52 C.C.A. 681; 1902 U.S. App. LEXIS 4274

California Oil & Gas Co. v. Miller

Opinion of the Court

GILBERT, Circuit Judge.

The jurisdiction of the circuit court in this case was invoked solely upon the ground that the complainant’s cause of suit, as presented by its bill, involved the construction of laws of the United States. The bill was demurred to upon various grounds, one of which was that no question of the construction of any law of the United States was involved, and that therefore the court had no jurisdiction. The demurrer was sustained, and an order was entered “that said bill be dismissed for want of jurisdiction.” The appellees now move to dismiss the appeal on the ground that this court has no jurisdiction of the appeal. On-the authority of American Sugar Refining Co. v. City of New Orleans, 181 U. S. 277, 21 Sup. Ct 646, 45 L. Ed. 859, and Huguley Mfg. Co. v. Galeton Cotton Mills, 22 Sup. Ct 452, 46 L. Ed.-, the motion is allowed, and the appeal is dismissed.

Reference

Full Case Name
CALIFORNIA OIL & GAS CO. OF ARIZONA v. MILLER
Status
Published