McMullen v. Halleck Cattle Co.
U.S. Circuit Court for the District of Nevada
In Equity. Action by Samuel McMullen against the Halleck Cattle Company and others. The Halleck Cattle Company caused the suit to be removed on the ground of diversity of citizenship as involving a separable controversy between itself and plaintiff, and plaintiff moves to remand.
1Opinion of the Court
FARRINGTON, District Judge.
It appears that one of the defendants, the Halleck Cattle Company, is a California corporation, while all other parties to the suit are citizens and residents of the state of Nevada. The Halleck Cattle Company caused the suit to he removed to this court on the ground that it involves a separable controversy between itself and plaintiff. The existence of such a controversy is the only question to be determined on plaintiff’s present motion to remand. The suit was brought to quiet plaintiff’s title to the use of the first 25 cubic feet per second of the waters flowing…
2Cases cited4 opinions
- Hyde v. RubleSupreme Court of the United States · 1882
- Fraser v. JennisonSupreme Court of the United States · 1882
- Bates v. CarpentierU.S. Circuit Court for the District of Northern California · 1899
- Carothers v. McKinley Mining & Smelting Co.U.S. Circuit Court for the District of Nevada · 1902
3Cited by4 opinions
- Bonner v. SmithDistrict Court, E.D. Oklahoma · 1953
- South Dakota ex rel. Meierhenry v. Rippling Water Ranch, Inc.District Court, D. South Dakota · 1982
- North Side Canal Co. v. Twin Falls Canal Co.District Court, D. Idaho · 1926
- In Re Gen. Adjudication of All Rights to Use WaterDistrict Court, D. South Dakota · 1982