Page:Federal Reporter, 1st Series, Volume 8.djvu/738

724 FEOEEAL BEPOBTEB. �Some question has been made as to the right of the plaintiff to sue the defendant Harrison in this district, he being a citizen of the western district of this state. That question is settled by section 740 of the Revised Statutes, which provides that "when a state containa more than one district every suit net of a local nature, in the circuit or district courts thereof, » » * if there are two or more defend- ants residing in different districts of the state, may be brought in either district, and a duplicate writ be issued against the defendants, directed to the marshal of any other district in which the defendant resides." �The motion to dismiss is overruled. �Teeat, D. J., concurring. ���The Fbane G. & S. M. Co. v. The Laeimee M. & S. Co. �ICircuit Court, D. Colorado. June, 1881.) �1. JuEisDiCTioN OF CraouiT CouET— Rbmotal op Causeb— Act dp 1875-pMnra:8. Where an application for a patent for a mining claim was met by an adverse claim, and a complaint was flled in a state court and the cause removed, after answer, to this court, hdd, on a motion to remand, that this court has juris- diction under the act of March 3, 1875, as the questions involved in the case arise under the laws of the United States, i.e., the mining lawa. �Motion to Eemand. ■ �Wells, Smith e Macon, for plainti^T. �T. A. Green, for defendant. �MiLLEE, Justice. The defendant made application for patent for a mining claim in Lake county, to resist which plaintiff filed in the land-office an adverse daim, and thereupon filed complaint in the district court for Lake county. Defendant, after answer,; filed a peti- tion for a removal of the cause to the circuit court of the lUnited States, on the ground that the subject-matter of the action arises undet the laws of the United States, and the case was removed accordingly. This hearing is of a motion to remand the cause to the state court for trial. The act of congress of March 3, 1875, pro- vides that the "United States circuit courts shall have original juris- diction of the subject-matter of all cases arising under the constitu- tion and laws of the United States." It is impossible that such an action as this can be determined without reference to, and involving a construction of, the mining laws of congress. The questions in- ��� �