Hambleton v. Duham

Decision Date08 December 1884
Citation22 F. 465
PartiesHAMBLETON v. DUHAM and others.
CourtUnited States Circuit Court, District of California

R. Clark, for motion.

H. H. Craddock, J. Lambert, and W. C. Belcher, contra.

SAWYER, J.

The jurisdictional facts attempted to be alleged are stated in the form held to be insufficient in Wolff v. Archibald, 14 F. 369: 'as defendants are informed and believe. ' The court there held that jurisdictional facts must be positively alleged. On this point the sufficiency of the petition is, at least, doubtful. But, whether that ruling be correct or not, the allegations are insufficient, because they do not state facts showing that any particular disputed question of construction of the statute will arise, or how it will arise, so that the court can determine for itself, from the facts, that the decision will turn upon a disputed construction of the statute. On this point only the conclusion of the petitioner is stated. For all that appears, from the facts stated, the case may be determined entirely upon a disputed question of fact; as, whether the land is, in fact, swamp land or upland or some other question of fact. The petition is insufficient in this particular, under the decision in Trafton v. Nougues, 4 Sawy. 179; Dowell v. Griswold, 5 Sawy. 39; Gold Washing Co. v. Keyes, 96 U.S. 199.

Cause remanded to the state court, with costs.

To continue reading

Request your trial
7 cases
  • Schwyhart v. Barrett
    • United States
    • Court of Appeals of Kansas
    • 28 Junio 1910
    ...and will be disregarded. Little York Gold Co. v. Keys, 96 U.S. 190, 24 Law. Ed. 656; Bank v. Ford, 114 U.S. 635, 29 Law Ed. 261; Hambledom v. Dunham, 22 F. 465; Railroad Dixon, 179 U.S. 131; Carson v. Dunham, 121 U.S. 421. (8) The fact that defendants Barrett, Reed and Novak are not so able......
  • Bradford v. Mitchell Brothers Truck Lines
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 15 Mayo 1963
    ...alleging diversity of citizenship upon information and belief is insufficient (Wolff v. Archibald, 8 Cir., 14 F. 369; and Hambleton v. Duham, 9 Cir., 22 F. 465). Defendant Kelly now seeks to amend his petition for removal, nunc pro tunc, to attempt to properly set forth the jurisdiction of ......
  • Miller v. Illinois Cent. R. Co.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 10 Abril 1909
    ...... the rule on this subject.'. . . See,. also, McFadden v. Robinson (C.C.) 10 Sawy. 398, 22. F. 10, Hambleton v. Duham (C.C.) 10 Sawy. 489, 22 F. 465, and Theurkauf v. Ireland (C.C.) 11 Sawy. 512,. 27 F. 769. . . Now,. taking the plaintiff's ......
  • Wise v. Nixon
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • 24 Agosto 1896
    ...... congress?'. . . To the. same effect, see Dowell v. Griswold, 5 Sawy. 39,. Fed. Cas. No. 4,041; Hambleton v. Duham, 10 Sawy. 490, 22 F. 465; Water Co. v. Keyes, 96 U.S. 199,. 203. . . The. principles applicable to this case are analogous to ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT