Bell v. Gray

SWINFORD, District Judge.

The statement of plaintiffs’ counsel in his brief that this is a court of general jurisdiction should be corrected. Every federal court is a court of limited, not of general, jurisdiction. All presumptions are against the jurisdiction of such a court, so that the facts disclosing the jurisdiction must affirmatively appear upon the record. Turner v. Bank of North America, 1799, 4 Dall. 8, 1 L.Ed. 718; McNally v. Jackson, D.C., 7 F.2d 373; Swanson v. United States, 9 Cir., 224 F.2d 795, 15 Alaska 608.

The motion to dismiss the complaint should be sustained.

The complaint…