US SUPREME COURT DECISIONS

When, after all the pleadings are filed in a cause in a circuit court of the United States between citizens of the same state, it appears that the averments in the declaration which alone gave the court jurisdiction are immaterial in the determination of the matter in dispute, and are made for the purpose of creating a case cognizable by the court, it is the duty of the circuit court to dismiss the bill for want of jurisdiction.

The plaintiff in error, who was plaintiff below, a citizen of California, brought suit against other citizens of the same state to recover possession of lands in Los Angeles County, California, alleging that the action arose "under the laws of the United States and the treaty known as the Treaty of Guadelupe-Hidalgo." After answers were filed, the case was dismissed for want of jurisdiction. The plaintiff sued out this writ of error to review that judgment. The case is stated in the opinion of the court.