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· 4/30/1900

Shoshone Mining Co. v. Rutter

Citations

  • 177 U.S. 505
  • 20 S. Ct. 726
  • 44 L. Ed. 864
  • 1900 U.S. LEXIS 1820

Syllabus

<p>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.</p> <p>Blackburn v. Portland Gold Mining Co., 175 U. S. 571, reexamined and affirmed to this point.</p> <p>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, ini and of itself, sufficient to vest jurisdiction in the Federal courts.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a contrary rule would mean that all land cases in most states would involve federal jurisdiction since all titles in most states derive from the United States
  • holding that not all suits involving federal law are federal question jurisdiction cases because if they were “every action to establish title to real estate (at least in the newer states
  • holding that where the statute did not specify which courts had jurisdiction, “it unquestionably meant that the competency of the court should be determined by rules theretofore prescribed in respect to the jurisdiction of the Federal courts”
  • recognizing that a contrary rule would mean “every action to establish title to real estate (at least in the newer states) would be such a one, as all titles in those states come from the United States by virtue of its laws”
  • holding that not all suits involving federal law are federal question jurisdiction cases because if they were “every action to establish title to real estate (at least in the newer states) would be such a one, as all titles in those states come from the United States by virtue of its laws”
  • “[t]he question . . . is not one of the power of Congress, but of its intent”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer, McKenna, White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.