CASES

ARGUED AND DETERMINED

IN THE

United States Circuit and District Courts.

HOLLAND and others v. RYAN and others.

(Circuit Court, D. Colorado. June 14, 1883.)

1. JURISDICTION FEDERAL COURT-CITIZEN.

To give jurisdiction to the federal courts on the ground of citizenship, all the plaintiffs who have an interest in the subject-matter must have a different citizenship from the defendants.

2. SAME-FEDERAL LAWS.

An averment that the action involves the "construction and consideration of the laws of the United States on the subject of mines and mining, and the validity and title to mining claims occurring and arising thereunder," held insufficient to show a cause of action arising under the laws of the United States. The complaint must state there is a controversy between the parties as to the meaning and effect of those laws. It is not sufficient that the right to recover is based upon an act of congress.

Motion to Dismiss.

A. Danford, for plaintiffs.

D. T. Sapp, for defendants.

HALLETT, J., (orally.) An action of ejectment was brought by six persons against four to recover two mining claims. The title, as stated in the complaint, appears to be in four of the plaintiffs. F. E. Holland and B. M. Hypes, two of the plaintiffs, own a considerable interest in the claims, and they are citizens of the state of Missouri. Two of the plaintiffs, J. W. West and W. M. B. Worthington, own one-twelfth interest each. Charles A. Jones and Charles A. Daily are lessees of the plaintiffs. West and Worthington, Jones

1 From the Colorado Law Reporter.

v.17,no.1-1