Hare v. Birkenfield
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. Bill by Chester V. Hare against August Birkenfield. Decree for defendant, and complainant appeals.
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Appeal from the Circuit Court of the United States for the District of Oregon. Bill by Chester V. Hare against August Birkenfield. Decree for defendant, and complainant appeals. The appellant was the complainant in a bill in equity in which he alleged that on July 21, 1902, he had made a homestead entry on certain public land of the United States, and that on February 21, 1903, he had submitted a commutation proof thereon at the proper United States district land office, which proof was duly accepted, and that he is now entitled to a patent therefor from the United States; that on October 15,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The court is compelled of its own motion to inquire whether the court be.low had jurisdiction of the controversy. No diversity of citizenship is alleged, and jurisdiction was assumed evidently upon the ground that a federal question is involved. A cause may only be maintained „ in the Circuit Court of the United States on the ground that it arises under the Constitution and laws of the United States when it does really and substantially involve a controversy as to the effect or construction of the Constitution or some law or treaty of the United States,…
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- Devine v. Los AngelesSupreme Court of the United States · 1906
- McCune v. EssigSupreme Court of the United States · 1905
- Mountain View Mining & Milling Co. v. McFaddenSupreme Court of the United States · 1901
- Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
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3Cited by2 opinions
- Jenkins v. Pullman Co.Court of Appeals for the Ninth Circuit · 1938
- Crater Lake Nat. Park Co. v. Oregon Liquor Control CommissionDistrict Court, D. Oregon · 1938