Arbuckle v. Blackburn
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE' SIXTH CIRCUIT. This was a bill filed by Arbuckle Brothers against Joseph E. Blackburn, as Dairy and Food Commissioner of the State of Ohio, to restrain him from certain action on his part as such officer, including prosecutions for violation of pure food laws of the State.
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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE' SIXTH CIRCUIT. This was a bill filed by Arbuckle Brothers against Joseph E. Blackburn, as Dairy and Food Commissioner of the State of Ohio, to restrain him from certain action on his part as such officer, including prosecutions for violation of pure food laws of the State. After a jurisdictional clause setting forth diversity of citizenship, the bill averred that by an act of the general assembly of the State of Ohio, passed in the year 1884, entitled “An act to provide against the adulteration of food and drugs,” as amended by- an act passed…
1Opinion of the Court
Mr. Chief Justice Fuller,
after making the foregoing . statement, delivered the opinion of the court.
We are of opinion that this appeal must be dismissed, because the jurisdiction of the Circuit' Court was “ dependent entirely upon the opposite parties to the suit or controversy being . . . citizens of different States,” and the decree of the Circuit Court of Appeals was final. Act of March 3,1891,26 Stat. 826, c. 517, .§6.
The Circuit Courts have “original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter…
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