California Oil & Gas Co. v. Miller

Ninth Circuit

California Oil & Gas Co. v. Miller

115 F. 1017, 52 C.C.A. 681, 1902 U.S. App. LEXIS 4274

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 6, 1902

DocketNo. 799

StatusPublished

This text of 115 F. 1017 (California Oil & Gas Co. v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

California Oil & Gas Co. v. Miller, 115 F. 1017, 52 C.C.A. 681, 1902 U.S. App. LEXIS 4274 (9th Cir. 1902).

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Opinion

GILBERT, Circuit Judge.

The jurisdiction of the circuit court in this case was invoked solely upon the ground that the complainant’s cause of suit, as presented by its bill, involved the construction of laws of the United States. The bill was demurred to upon various grounds, one of which was that no question of the construction of any law of the United States was involved, and that therefore the court had no jurisdiction. The demurrer was sustained, and an order was entered “that said bill be dismissed for want of jurisdiction.” The appellees now move to dismiss the appeal on the ground that this court has no jurisdiction of the appeal. On-the authority of American Sugar Refining Co. v. City of New Orleans, 181 U. S. 277, 21 Sup. Ct 646, 45 L. Ed. 859, and Huguley Mfg. Co. v. Galeton Cotton Mills, 22 Sup. Ct 452, 46 L. Ed.-, the motion is allowed, and the appeal is dismissed.

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GILBERT, Circuit Judge.

The jurisdiction of the circuit court in this case was invoked solely upon the ground that the complainant’s cause of suit, as presented by its bill, involved the construction of laws of the United States. The bill was demurred to upon various grounds, one of which was that no question of the construction of any law of the United States was involved, and that therefore the court had no jurisdiction. The demurrer was sustained, and an order was entered “that said bill be dismissed for want of jurisdiction.” The appellees now move to dismiss the appeal on the ground that this court has no jurisdiction of the appeal. On-the authority of American Sugar Refining Co. v. City of New Orleans, 181 U. S. 277, 21 Sup. Ct 646, 45 L. Ed. 859, and Huguley Mfg. Co. v. Galeton Cotton Mills, 22 Sup. Ct 452, 46 L. Ed.-, the motion is allowed, and the appeal is dismissed.

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Bluebook (online)

115 F. 1017, 52 C.C.A. 681, 1902 U.S. App. LEXIS 4274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/california-oil-gas-co-v-miller-ca9-1902.

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