Joseph McKenna

“ The United States is one of the plaintiffs and joined in the suit by way of asserting and seeking to enforce a right in whcih it claims to have a direct and legal interest. Judged by the complaint, the claim made by the United States is not frivolous or wholly without support but is real and substantial. In other words, it calls for consideration and determination. This involves an exercise of jurisdiction, whether the ultimate decision sustains or rejects the claim. Jurisdiction is power to decide the case either way, as the merits may require. ”

“ Argued: Feb. 20, 1924. --- Decided: March 3, 1924
Action by the United States and United States Spruce Production Corporation, praying judgment against C. J. Erickson in the sum of $56,670.35, and against the United States Fidelity & Guaranty Company in the sum of $56,670.35; the ground of recovery being alleged breaches of certain contracts entered into between the Spruce Corporation and Erickson for the sale of certain logs belonging to the Spruce Corporation.
There was a motion to strike out certain allegations of the complaint, and, being overruled, the complaint was demurred to. ”

“ Even a summary of the facts of the certificate would be somewhat long. Fortunately we may dispense with it as the elemental facts are sufficiently set forth in Clallam County, Washington, v. United States, 263 U.S. 341, 44 Sup. Ct. 121, 68 L. Ed. ”