109 F. 100 | 8th Cir. | 1901
This is an adverse suit which was brought in the state of Colorado to recover the possession of a mining claim pursuant to the provisions of sections 2325 and 2326 of the Revised Statutes of the United States. The case having been tried and determined below in favor of John C. Jenkins, who was the plaintiff in the lower court, it was brought to this court on a writ of error by William Earned, the defendant below, and was argued and submitted for final decision at the present term. An inspection of the printed record, as well as of the transcript which was lodged in this court, fails to disclose that this court or any federal court has lawful jurisdiction of the cause. The complaint which was filed in the lower court does not show that the parties to the controversy are citizens of different states, and it is now well settled that the mere fact that an action is brought, pursuant to the requirements of section 2326 of the Revised Statutes, to determine who has