Hilliard v. Brown

SIBLEY, Circuit Judge.

The appellant Hilliard sued appellee Brown for $50,000 damages, asserting jurisdiction under former 28 U.S.C.A. § 41 (13),1 and 8 U.S.C.A. §§ 43 and 48 with reference to a deprivation of rights secured by the Constitution and laws of the United States. A motion was made to dismiss for want of jurisdiction, and because no matter in law or equity entitling the petitioner to relief was stated. An answer denying most of the allegations was filed, but the motion to dismiss was sustained and no trial was had. This appeal was taken.

The facts stated in the petition, however rash…