Friend v. Wise
Supreme Court of the United States
IN error to the circuit court of the united states.for the DISTRICT OF CALIFORNIA.. Motion to dismiss, with which a motion to affirm was united.
1Opinion of the CourtChief Justice Waite
These motions are denied. The value of the two sections of land which are in dispute is conceded to be more than $5,000. The complaint alleges a joint entry and ouster, and the answer does not set up separate claims to distinct parcels of the land by the several defendants. The judgment for the recovery of the possession is against all the defendants jointly. In this respect the case is entirely different from those of Tupper v. Wise and Lynch v. Bailey, 110 U. S. 398. We have jurisdiction therefore.
The questions arising on the merits are, some of them, of a character that ought not to be…
2Cases cited1 opinion
- Tupper v. WiseSupreme Court of the United States · 1884
3Cited by5 opinions
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- Tupiño v. La Compania General De Tabacos De FilipinasSupreme Court of the United States · 1909
- Pierce v. MollikenU.S. Circuit Court for the District of Northern California · 1897