Doane

(after stating the facts as above). [1] 1. The first assignment of error relates to the action of the trial court in overruling appellant’s motion to dismiss upon the ground that there was pending in the state court an action by the appellant against the predecessors in interest of the appellee, and upon the further ground that the appellee corporation was formed and the lands conveyed to it for the purpose of ousting the state court of jurisdiction to try the issues involved in this case and of creating a case cognizable in the United States District Court.

So far as is shown by the record in the present case, the proceeding in the state court was never carried further than the filing of the complaint and service of summons upon the Los Angeles Trust & Savings Bank, one of the defendants therein. No judgment had been entered therein, and it does not appear that the cause had ever gone to trial, at the time the present suit was instituted.

[2] 2. It is contended by the appellant that the appellee corporation was formed and the lands conveyed to it for the purpose of oust *71 ing the state court of jurisdiction and of creating a case cognizable in the federal courts.

The parties…