Legal Opinion

Dewey Min. Co. v. Miller

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

Decided June 12, 1899PublishedCited by 18 opinions

On Demurrer to Bill.

1Opinion of the Court

BOHH. Circuit Judge.

The application of a few well-settled principles of law to the bill in this case will readily determine the question of jurisdiction raised by the demurrer hied thereto. That the bill in a suit in equity brought in a circuit court of the United States must affirmatively show the jurisdiction of the court over the case is thoroughly well settled. This must be done by such a clear statement of the facts that the court can see that it has jurisdiction. It is not enough, nor, indeed, proper, for the complainant to allege such jurisdiction as a legal conclusion; but such facts…

2Cases cited12 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  4. Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
  5. Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878

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3Cited by18 opinions

  1. NJ State Bd. of Optometrists v. NemitzNew Jersey Superior Court Appellate Division · 1952
  2. California Oil & Gas Co. of Arizona v. MillerU.S. Circuit Court for the District of Southern California · 1899
  3. Beaunit Mills, Inc. v. Division of Employment SecurityNew Jersey Superior Court Appellate Division · 1956
  4. Susquehanna Transit Commuters Ass'n v. BD. OF PUB. UTIL. COMM'RSNew Jersey Superior Court Appellate Division · 1959
  5. Davis Co. v. Baker-Cammack Hosiery Mills, Inc.District Court, M.D. North Carolina · 1949

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