Legal Opinion

Smith Oyster Co. v. Darbee & Immel Oyster & Land Co.

U.S. Circuit Court for the District of Northern California

Decided October 22, 1906No. 13,753Published

In Equity. .Ón motion to dismiss for want of jurisdiction,

1Opinion of the CourtWolverton, District Judge

(orally). This is a motion to dismiss ..the ¡action here pending, upon the ground that it does not really and {substantially involve a dispute or controversy properly within the jurisdiction of this court to try and determine. Several reasons are assigned in support of the motion, not all of which were insisted upon, , and I shall notice those, only that were urged at the argument as vital tp the cause. ■ .

{.'.' The action, or perhaps, more properly speaking, the suit, is designed {’as. one to quiet title. Whether it is sufficient for that purpose is dependent Upon .the subject-matter of the…

2Cases cited16 opinions

  1. Holland v. ChallenSupreme Court of the United States · 1884
  2. Greeley v. LoweSupreme Court of the United States · 1894
  3. Curtis v. SutterCalifornia Supreme Court · 1860
  4. Donahue v. MeisterCalifornia Supreme Court · 1891
  5. Raymond v. FlavelOregon Supreme Court · 1895

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