United States Freehold Land & Emigration Co. v. Gallegos
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree sustaining a demurrer to and dismissing a MU to restrain the appellees from diverting from their natural channel any of the waters of the Culebra river, in the state of Colorado, other than such as they may show themselves lawfully entitled to for irrigation and domestic purposes.
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Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree sustaining a demurrer to and dismissing a MU to restrain the appellees from diverting from their natural channel any of the waters of the Culebra river, in the state of Colorado, other than such as they may show themselves lawfully entitled to for irrigation and domestic purposes. The bill contains an averment of these facts: The appellant, the United States Freehold Land & Emigration Company,, is a corporation organized under an act of congress approved on July 8, 1870 (16 Stat.…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts). A motion was made lo dismiss this appeal because the jurisdiction of 1he circuit court was challenged by the demurrer. This, however, was not all that was done by this demurrer. ' It raised not only the question of jurisdiction, but also the question of the sufficiency of the allegations of the bill to constitute a cause of action on the merits. The motion must therefore be denied, because the case falls within that class concerning which the supreme court holds:
If the question of jurisdiction is in issue, and the jurisdiction sustained, and then judgment or decree…
2Cases cited6 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- United States v. JahnSupreme Court of the United States · 1894
- Larimer County Reservoir Co. v. People ex rel. LutheSupreme Court of Colorado · 1885
- Thomas v. GuiraudSupreme Court of Colorado · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- White v. Sparkill Realty CorporationSupreme Court of the United States · 1929
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- United States v. ColvardCourt of Appeals for the Fourth Circuit · 1937
18 more not listed; retrieve them via the Exa API.