Ervien v. United States
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE EIGHTH CIRCUIT. The case is stated in the opinion. The District Court was without jurisdiction. The State of New Mexico was the real party in interest, and the suit could only have been maintained as an original proceeding in this court. Jud.
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APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE EIGHTH CIRCUIT. The case is stated in the opinion. The District Court was without jurisdiction. The State of New Mexico was the real party in interest, and the suit could only have been maintained as an original proceeding in this court. Jud. Code, § 238; Louisiana v. Jurhel, 107 U. S. 711, 727; Smith v. Reeves, 178 U. S. 436, 439; In re Ayers, 123 U. S. 443, 502; New York Guaranty Co. v. Steele, 134 U. S. 230, 232; Governor of Georgia v. Madrazo, 1 Pet. 110; Cunningham v. Macon ■& Brunswick . R. R. Co., 109 U. S. 446; Antoni v, Greenhow, 107…
1Opinion of the CourtJustice McKenna
Suit to enjoin the expenditure by appellant, Commissioner of Public Lands of the State of New Mexico, of any of the funds derived from the sale and lease of lands granted and confirmed to the State by the act admitting her into the Union. The right to sell or lease is asserted under a certain act of New Mexico entitled “An Act concerning the Publicity and Promotion of Public Resources and Welfare.” [Laws 1915, c. 60.]
The Enabling Act was passed June 20, 1910, [c. 310, 3,6 Stat. 557] and on August 21, 1911, [37 Stat. 39] by a joint resolution of the Senate and House of Representatives New…
2Cited by52 opinions
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- Murphy v. StateArizona Supreme Court · 1947
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