Shoshone Mining Co. v. Rutter, 177 U.S. 505 (1900)

Shoshone Mining Co. v. Rutter


No. 208


Argued March 21, 1900
Decided April 30, 1900
177 U.S. 505

APPEAL FROM THE CIRCUIT COURT
OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

A suit brought in support of an adverse claim under Rev.Stat. §§ 2325, 2326, is not a suit arising under the laws of the United States in such a sense as to confer jurisdiction on a federal court, regardless of the citizenship of the parties.

Blackburn v. Portland Gold Mining Co., 175 U.S. 571, reexamined and affirmed to this point.

Although suits like the present one may sometimes so present questions arising under the Constitution or laws of the United States that a federal court will have jurisdiction, yet the mere fact that a suit is an adverse suit, authorized by the statutes of Congress, is not, in and of itself, sufficient to vest jurisdiction in the federal courts.

The case is stated in the opinion.