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LAND & WATER CO. v. SAN JOSE RANCH CO.

No. 113.

189 U.S. 177 (1903)

23 S.Ct. 487

47 L.Ed. 765

SAN JOSE LAND AND WATER COMPANY v. SAN JOSE RANCH COMPANY.

Supreme Court of United States.

Decided March 2, 1903.

Attorney(s) appearing for the Case

Mr. W.H. Anderson, Mr. James Anderson and Mr. Richard Dunnigan for plaintiff in error.

Mr. John S. Chapman for defendant in error.

MR. JUSTICE BROWN, after making the foregoing statement, delivered the opinion of the court.

Motion is made to dismiss this writ of error upon the ground that no Federal right, title, privilege or immunity was "specially set up or claimed" by the plaintiff in error, as required by the third clause of Rev. Stat., sec. 709. None such appears in the complaint, although we think it sufficiently appears in the motion for a new trial and in the assignments of error in the...

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