Hewitt v. Story
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern District of California. This was a suit in equity by Isaac L. Hewitt; against; Warren Story and 66 others to establish a right to certain waters for irrigation purposes. A motion to dismiss was denied (39 Fed. 158), and the cause was next heard on objections by certain of ibe defendants to tlie amended bill of complaint.
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Appeal from the Circuit Court of the United States for the Southern District of California. This was a suit in equity by Isaac L. Hewitt; against; Warren Story and 66 others to establish a right to certain waters for irrigation purposes. A motion to dismiss was denied (39 Fed. 158), and the cause was next heard on objections by certain of ibe defendants to tlie amended bill of complaint. The objections were disallowed. 39 Fed. 719. Subsequently, on further hearing, the bill was dismissed (51 Fed. 101), and complainant now appeals. This is a suit in equity. The bill of complaint alleges the…
1DissentKnowles, District Judge
(dissenting)-. The first question presented for consideration is as to the jurisdiction of the court in which the suit was instituted. The suit was commenced in the circuit court of the United States for the Southern district of California. The first bill was filed on January 10, 1887. To this bill, answers were filed, and issue joined. Subsequently, considerable evidence was taken in the case. On the 5th day of November, 1888, complainant came into court, and asked to be allowed to withdraw his original bill of complaint, and to file an amended bill, which request was granted. On March 7,…
2Cases cited24 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Robertson v. CeaseSupreme Court of the United States · 1878
- Morris v. GilmerSupreme Court of the United States · 1889
- Metcalf v. WatertownSupreme Court of the United States · 1888
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
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