Filhiol v. Torney
Supreme Court of the United States
EBBOB TO THE CIBCUIT COUET OF THE UNITED STATES FOE THE EASTEBN DISTEICT OF ABKANSAS. This was an action of ejectment commenced in the Circuit Court of the United States for the Eastern District of Arkansas, based upon the same title which was presented in Muse v. Arlington Hotel Company, 168 U. S. 430, and Filhiol v. Maurice, 185 U. S. 108. A demurrer to the complaint was sustained on the ground of want of jurisdiction and a judgment entered for the defendant, and thereupon…
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EBBOB TO THE CIBCUIT COUET OF THE UNITED STATES FOE THE EASTEBN DISTEICT OF ABKANSAS. This was an action of ejectment commenced in the Circuit Court of the United States for the Eastern District of Arkansas, based upon the same title which was presented in Muse v. Arlington Hotel Company, 168 U. S. 430, and Filhiol v. Maurice, 185 U. S. 108. A demurrer to the complaint was sustained on the ground of want of jurisdiction and a judgment entered for the defendant, and thereupon the case was brought directly to this court on writ of error.
1Opinion of the CourtJustice Brewer
The only question decided by the Circuit Court was one of jurisdiction, 'but the record contains no certificate of that question nor anything Which can be considered an equivalent thereto. The demurrer filed by the defendant stated three grounds therefor: First, a want of jurisdiction over the present defendant; second, a like want of-jurisdiction oyer the'subject matter of the action; and, third, that the complaint did not state facts sufficient to constitute a cause of action. The judgment was that the “demurrer to the jurisdiction ... be sustained” and the complaint dismissed. In the…
2Cases cited15 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Giles v. HarrisSupreme Court of the United States · 1903
- Chappell v. United StatesSupreme Court of the United States · 1896
- Arkansas v. Kansas & Texas Coal Co.Supreme Court of the United States · 1901
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3Cited by9 opinions
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Deere v. St. Lawrence River Power Co.Court of Appeals for the Second Circuit · 1929
- Oneida Indian Nation of New York State v. County of OneidaCourt of Appeals for the Second Circuit · 1972
- Arkansas v. Choctaw & M. R.U.S. Circuit Court for the District of Eastern Arkansas · 1905
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
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