Washington v. Island Lime Co.

Citations

• 117 F. 777
• 1902 U.S. App. LEXIS 5138

Syllabus

<p>1. Removal of Causes—Federal Question—Pleading.</p> <p>An action by the state to recover possession of a lot of land in section 36, and the value of limestone extracted from a quarry therein, cannot be removed to a federal court on the ground of involving the federal question whether a limestone quarry is excepted as mineral land from the grant by congress to the state of school sections; the complaint merely stating that plaintiff is owner in fee simple of the land, and has a right to possession, and alleging a wrongful ouster by defendant, without setting forth the facts or legal grounds on which plaintiff’s claim is based, as the complaint, by itself, unaided by judicial inference and notice, must show that a federal question is involved.</p>