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HULL V. BURR, 234 U. S. 712 (1914)

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U.S. Supreme Court

Hull v. Burr, 234 U.S. 712 (1914)

Hull v. Burr

No. 767

Argued March 3, 1914

Decided June 22, 1914

234 U.S. 712


A suit does not arise under the laws of the United States unless it really and substantially involves a dispute or controversy respecting the validity, construction, or effect of some law of the United States upon the determination of which the case depends, and so appears not by mere inference, but by distinct averments according to rules of good pleading.

In this case, held that a suit to restrain trustees in bankruptcy from prosecuting an equity suit against complainants in the state court on the ground that the bankruptcy proceedings were a fraud and that the appointment of the trustees was void was one arising under the laws of the United States within the meaning of § 24, Judicial Code, and the decision of the circuit court of appeals is not final.

Although there may be a general prayer for relief, if no relief other than injunction against prosecution of a suit in the state court is brought to the attention of either the district court or the circuit court of appeals, the general prayer should be treated as abandoned.

The prohibition, § 720, Rev.Stat., now § 265, Judicial Code, against granting the writ of injunction by the federal court to stay proceedings in a state court except where authorized by the Bankruptcy Act held, in this case, to apply to a case commenced after adjudication of bankruptcy to enjoin the trustee from prosecuting a suit in ejectment, in the courts of the state where the land is situated. Such a case is not within the exception or in aid of the bankruptcy proceeding.

206 F. 4, 207 F.5d 3, affirmed.

The facts, which involve the jurisdiction of this Court of appeals from judgments of the circuit court of appeals and also the construction and application of § 265, Judicial Code (§ 720, Rev.Stat.), are stated in the opinion. chanroblesvirtualawlibrary

Page 234 U. S. 713

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