New York Cent. R. v. Mutual Orange Distributors
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge. Action by the New York Central Railroad Company against the Mutual Orange Distributors. A demurrer having been sustained, the complaint was dismissed, and plaintiff brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge. Action by the New York Central Railroad Company against the Mutual Orange Distributors. A demurrer having been sustained, the complaint was dismissed, and plaintiff brings error. The court below having sustained a demurrer to the complaint, and the plaintiff having declined to amend, judgment was entered, dismissing the action, at the plaintiff’s cost — the plaintiff bringing the case here by writ of error. Among the grounds of the demurrer was one to…
1Opinion of the Court
ROSS, Circuit Judge,
(after stating the facts as above). The only questions for our consideration are whether the complaint makes a case within the jurisdiction of the federal courts, and, if so, whether the action is barred by the provisions of the California statute that have been cited.
[1] It is obvious that the diverse citizenship of the parties did not confer jurisdiction upon the court below, because the. amount involved was less than $3,000. Judicial Code (Act March 3, 1911, c. 231) § 24, *232par. 1, 36 Stat. 1091 (Comp. St. 1916, § 991, subd. 1). The court was therefore without…
2Cases cited7 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Pollard v. VintonSupreme Court of the United States · 1882
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
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3Cited by10 opinions
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- Sea-Land Service, Inc. v. Murrey & Son's Co. Inc.Court of Appeals for the Ninth Circuit · 1987
- Granger v. DavisCourt of Appeals for the Sixth Circuit · 1924
- Fishman v. MarcouseDistrict Court, E.D. Pennsylvania · 1940
- Baldwin v. FenimoreSupreme Court of Kansas · 1939
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