Deere v. State of New York
District Court, N.D. New York
1Opinion of the Court
COOPER, District Judge.
This is an action in ejectment. The defendants move to dismiss the complaint on these grounds:(1) That the federal court has no jurisdiction, because there is no diversity of citizenship.(2) That the plaintiff has no legal capacity to sue.(3) That the federal court has no jurisdiction, because the complaint states no cause of aciion arising under the Constitution, laws, or treaties of the United States.(4) That the court has no jurisdiction of the subject of the action.(5) That the complaint does not state facts sufficient to constitute a cause of action.
The complaint…
2Cases cited32 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Taylor v. AndersonSupreme Court of the United States · 1914
- Shulthis v. McDougalSupreme Court of the United States · 1912
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
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3Cited by16 opinions
- Romanella v. HaywardDistrict Court, D. Connecticut · 1996
- WISCONSIN POTOWATOMIES, ETC. v. HoustonDistrict Court, W.D. Michigan · 1973
- Omaha Tribe of Nebraska v. Village of WalthillDistrict Court, D. Nebraska · 1971
- Martinez v. Southern Ute Tribe of Southern Ute ReservationCourt of Appeals for the Tenth Circuit · 1957
- Acosta v. County of San DiegoCalifornia Court of Appeal · 1954
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