Power & Irrigation Co. of Clear Lake v. Capay Ditch Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge. Bill by the Power & Irrigation Company of Clear Bake, a corporation, against the Capay Ditch Company, a corporation, Yolo County Consolidated Water Company, a corporation, Yolo Water & Power Company, a corporation, J. M. Adamson, B- D. Stephens, and Joseph Craig.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge. Bill by the Power & Irrigation Company of Clear Bake, a corporation, against the Capay Ditch Company, a corporation, Yolo County Consolidated Water Company, a corporation, Yolo Water & Power Company, a corporation, J. M. Adamson, B- D. Stephens, and Joseph Craig. Judgment for defendants dismissing the suit (D. C.) 213 Fed. 399, and plaintiff appeals. Tills is an appeal from the judgment of the court below, dismissing the suit tor lack of jurisdiction. The…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). Holding that the suit was based upon a chose in action the court below dismissed it because of the provision of section 24 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1091 [Comp. St. 1913, § 991]) which declares:
“No District Court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, * * * unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made.”
In so…
2Cases cited23 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Smith v. KernochenSupreme Court of the United States · 1849
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Booth v. HoskinsCalifornia Supreme Court · 1888
- Hall v. ArnottCalifornia Supreme Court · 1889
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3Cited by8 opinions
- Nellis v. MintonSupreme Court of Oklahoma · 1923
- Cochran v. NorrisSupreme Court of Oklahoma · 1935
- Skelly Oil Co. v. CassidyCourt of Appeals for the Eighth Circuit · 1924
- Ephraim v. Nevada & California Land & Live Stock Co.Court of Appeals for the Ninth Circuit · 1922
- Harlan v. HoustonCourt of Appeals for the Eighth Circuit · 1919
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