Legal Opinion

Cosmopolitan Mining Co. v. Walsh

Supreme Court of the United States

Decided March 21, 1904No. 134PublishedCited by 7 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The Cosmopolitan Mining Company was incorporated under the laws of the State of Maine in June, 1884, for the purposes 'of “buying, selling, leasing, working, developing and improving gold, silver, copper or other mines, and purchasing and holding such other property as may be necessary or convenient.”

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The Cosmopolitan Mining Company was incorporated under the laws of the State of Maine in June, 1884, for the purposes 'of “buying, selling, leasing, working, developing and improving gold, silver, copper or other mines, and purchasing and holding such other property as may be necessary or convenient.” Soon after such incorporation the mining company — as we shall hereafter call the plaintiff in error — became the owner of mining claims, consisting of lodes and millsites, situated in the county of Ouray, Colorado.…

1Opinion of the CourtJustice White

We are asked in this case to review directly the judgment of a Circuit Court of the United States, and our right to do so, if at all, depends on that clause of section 5 of the Judiciary Act of 1891, which authorizes the taking of appeals or writs of error from-District or Circuit Courts direct to this court “in any case that involves the construction or application of the Constitution of the United States.” Of course, if the case-at bar does not really involve the construction or application of the Constitution of the United States, in the sense in which that phrase is employed in the…

2Cases cited2 opinions

  1. In Re LennonSupreme Court of the United States · 1893
  2. Carey v. Houston & Texas Central Railway Co.Supreme Court of the United States · 1893

3Cited by7 opinions

  1. Quezada v. QuezadaCourt of Appeals for the Fifth Circuit · 1983
  2. Empire State-Idaho Mining & Developing Co. v. HanleySupreme Court of the United States · 1907
  3. Moore-Mansfield Construction Co. v. Electrical Installation Co.Supreme Court of the United States · 1914
  4. NBD Park Ridge Bank v. SRJ Enterprises, Inc. (In Re SRJ Enterprises, Inc.)United States Bankruptcy Court, N.D. Illinois · 1993
  5. Childers v. McClaughrySupreme Court of the United States · 1910

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