Earnhart v. Switzler

Citations

• 179 F. 832
• 105 C.C.A. 260
• 1910 U.S. App. LEXIS 4713

Syllabus

<p>1. Courts (§ 299*) — Federal Courts — Federal Question.</p> <p>Federal jurisdiction is not conferred on the ground that the case arises under the Constitution and laws of the United States, when it does not really and substantially involve a controversy as to the effect or construction of the Constitution or some law or treaty of the United States, on the determination of which the result depends, and which appears from the plaintiff’s statement of his own claim unaided by allegations as to defenses which may be interposed.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 841; Dec. Dig. § 299.*]</p> <p>2. Courts (§§ 282, 285*) — Federal Courts — Jurisdiction—Federal Ques- . TION.</p> <p>Since the only statute recognizing the right of an entryman to settle on unsurveyed lands of the United States is Act May 14, 1880, c. 89, 21 Stat. 140 (U. S. Comp. St.'1901, p. 1392), providing that a homestead settler on public land surveyed or unsurveyed shall be allowed the same time to file his application and perfect his original entry as is allowed to settlers under the pre-emption laws, a suit by a homestead settler on unsurveyed public land to protect his possessory right as against an adverse claimant does not involve a construction of the Constitution and laws of the United States so as to sustain federal jurisdiction on that ground.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 820, 827, 828; Dec. Dig. §§ 282, 285.*]</p>