Filhiol v. Torney
U.S. Circuit Court for the District of Eastern Arkansas
Action in Ejectment. On demurrer for want of jurisdiction. This is the third action in ejectment brought by the plaintiff in this cause "to recover the premises in Hot Springs, Ark., known as the “Government ■Reservation,” including the hot springs and the Army and Navy Hospital of the United States. The demurrers to the complaints in both of the former actions were sustained by the court.
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Action in Ejectment. On demurrer for want of jurisdiction. This is the third action in ejectment brought by the plaintiff in this cause "to recover the premises in Hot Springs, Ark., known as the “Government ■Reservation,” including the hot springs and the Army and Navy Hospital of the United States. The demurrers to the complaints in both of the former actions were sustained by the court. In the first case (Muse v. Hotel Oo. [0. C.] 68 Fed. 637) the demurrer was to the merits of the case; but when removed to the supreme court by writ of error the cause was there dismissed for want of…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). The allegations in the complaint as' to the rights of plaintiffs under the treaty with France are practically the same as were those in the former cases, and» which the supreme court held were insufficient to confer jurisdiction •on a national court, and in the last case directed a dismissal of the cause for want of jurisdiction. Filhiol v. Maurice, 185 U. S. 108, 22 Sup. Ct. 560, 46 L. Ed. 827. There can therefore be no jurisdiction •on that ground.
Does the complaint show that the cause arose under the fifth amendment to the constitution, prohibiting the exercise…
2Cases cited9 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Arkansas v. Kansas & Texas Coal Co.Supreme Court of the United States · 1901
- Chappell v. WaterworthSupreme Court of the United States · 1894
- Walker v. CollinsSupreme Court of the United States · 1897
- Florida Central & Peninsular Railroad v. BellSupreme Court of the United States · 1900
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3Cited by2 opinions
- Joy v. City of St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1903
- People's United States Bank v. GoodwinU.S. Circuit Court for the District of Eastern Missouri · 1908