FILHIOL V. TORNEY, 194 U. S. 356 (1904)

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U.S. Supreme Court

Filhiol v. Torney, 194 U.S. 356 (1904)

Filhiol v. Torney

No. 262

Submitted April 25, 1904

Decided May 16, 1904

194 U.S. 356


Where, in an ejectment action, the plaintiffs' statement of their right to the possession of the land discloses no case within the jurisdiction of the circuit court of the United States, that jurisdiction cannot be established by allegations as to the defense which the defendant may make or the circumstances under which he took possession.

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 Co., 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.

Page 194 U. S. 357

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