Bonin v. Gulf Co., 198 U.S. 115 (1905)

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Bonin v. Gulf Company

No. 50

Argued March 16, 1905
Decided April 24, 1905
198 U.S. 115

ERROR TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

In an action of ejectment, plaintiff pitched his claim solely on a patent from the United States; defendant removed the action to the circuit court on the ground of diverse citizenship and obtained a verdict and judgment on the plea of prescription after nonsuit on plea of res judicata; the judgment was affirmed by the circuit court of appeals. Held that the judgment was final, and the writ of error must be dismissed. The jurisdiction of the circuit court rested solely on diverse citizenship, the assertion of title under patent from the United States presented no question in itself conferring jurisdiction, and plaintiff’s petition did not assert, in legal and logical form, if at all, the existence of any real controversy as to the effect or construction of the Constitution or of any law or treaty of the United States constituting an independent ground of jurisdiction.

The facts are stated in the opinion.