Taylor v. Anderson, 234 U.S. 74 (1914)

Taylor v. Anderson

No. 338

Submitted April 30, 1914
Decided May 25, 1914
234 U.S. 74

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF OKLAHOMA

Syllabus

Whether a case begun in a district court is one arising under the Constitution or a law or treaty of the United States in the sense of the jurisdictional statute (Judicial Code § 24) must be determined from what necessarily appears in the plaintiff’s statement of his own claim in the declaration unaided by anything alleged in anticipation or avoidance of defenses which may be interposed by defendant.

197 F. 383 affirmed.

The facts, which involve the jurisdiction of the district court of the United States under § 24, Judicial Code, are stated in the opinion.