Hamblin v. Western Land Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE IOWA. This case is submitted on a motion to dismiss or affirm. The facts are these: Defendant in error, the Western Land Company, on August 21, 1887, filed its petition in the District Court of O’Brien County, Iowa, to recover from the defendant Hamblin, now plaintiff in error, the possession of .the north-' east-quarter of section 1, township 95 north, range él west, fifth principal meridian.
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ERROR TO THE SUPREME COURT OE THE STATE OE IOWA. This case is submitted on a motion to dismiss or affirm. The facts are these: Defendant in error, the Western Land Company, on August 21, 1887, filed its petition in the District Court of O’Brien County, Iowa, to recover from the defendant Hamblin, now plaintiff in error, the possession of .the north-' east-quarter of section 1, township 95 north, range él west, fifth principal meridian. Defendant appeared and answered ; a trial was had, and on April 23,1888, judgment was rendered in favor of the plaintiff, the Western Land Company, for the…
1Opinion of the Court
. Mr. Justice .Brewer,
after stating the case, delivered the opinion of the court.
It is doubtful whether there is a Federal question in this case. A real, and not a fictitious; Federal question is essential to the jurisdiction of this court over the judgments of state courts. Millingar v. Hartupee, 6 Wall. 258; New Orleans v. New Orleans Water Works Co., 142 U. S. 79, 87. In the latter case it was said that “ the bare Averment of a Federal question is' not in all cases sufficient. It must not be wholly without foundation. There must be at least color of ground for such averment, otherwise a…
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