Filhiol v. Torney

Messrs. Branch K. Miller, James K. Jones, J. H. McGowan, and William F. Vilas for plaintiffs in error.

Solicitor General Hoyt and Messrs. Marsden C. Burch and Robert A. Howard for defendant in error.

Statement by Mr. Justice Brewer:

This was an action of ejectment, commenced in the circuit court of the United States for the eastern district of Arkansas, based upon the same title which was presented in Muse v. Arlington Hotel Co. 168 U.S. 430, 42 L. ed. 531, 18 Sup. Ct. Rep. 109, and Filhiol v. Maurice, 185 U.S. 108, 46 L. ed. 827, 22 Sup. Ct. Rep. 560. A demurrer to the complaint was sustained on the ground of want of jurisdiction, and a judgment entered for the defendant, and thereupon the case was brought directly to this court on writ of error.

Mr. Justice Brewer delivered the opinion of the court: