Washington v. Island Lime Co.
U.S. Circuit Court for the District of Washington
This action was commenced in the superior court of the state of Washington for San Juan county to recover possession of lot i in section 36, township 37 N., range 3 W. of the Willamette meridian, and also to recover the value of a quantity of limestone extracted from a quarry found in said land.
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This action was commenced in the superior court of the state of Washington for San Juan county to recover possession of lot i in section 36, township 37 N., range 3 W. of the Willamette meridian, and also to recover the value of a quantity of limestone extracted from a quarry found in said land. The defendant removed the case into this court, and in its petition alleged as ground for removal that said action is of a civil nature, and arises under the constitution and laws of the United States. Heard on a motion to. remand.
1Opinion of the Court
HANFORD, District Judge.
At the time of hearing arguments upon the motion to remand this case to the state court in which it was commenced, the defendant asked for leave to file an amended petition for removal,, and the court reserved its decision for the purpose of allowing time sufficient for the defendant to prepare and submit the proposed• amendment, which has been done; and now, having considered the new petition and the written argument by defendant’s counsel, it is the opinion of the court that the objection to the jurisdiction of this court has not been, and cannot be, overcome, and…
2Cases cited6 opinions
- Walker v. CollinsSupreme Court of the United States · 1897
- Mountain View Mining & Milling Co. v. McFaddenSupreme Court of the United States · 1901
- Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
- McFadden v. Mountain View Min. & Mill. Co.Court of Appeals for the Ninth Circuit · 1899
- Wood v. DrakeU.S. Circuit Court for the District of Washington · 1895
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3Cited by5 opinions
- Stratton Cripple Creek Mining & Development Co. v. EllisonSupreme Court of Colorado · 1908
- Earnhart v. SwitzlerCourt of Appeals for the Ninth Circuit · 1910
- People's United States Bank v. GoodwinU.S. Circuit Court for the District of Eastern Missouri · 1908
- Hare v. BirkenfieldCourt of Appeals for the Ninth Circuit · 1910
- Anderson v. TrotterDistrict Court, N.D. California · 1929