Grand Central Mining Co. v. Mammoth Mining Co.
Utah Supreme Court
Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Grand Central Mining Company against tbe Mammoth Mining Company. Judgment for plaintiff and dismissing defendant’s counterclaim. Defendant appeals. APPELLANT’S POINTS. Appellant insists that the so-called decree was an order merely.
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Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Grand Central Mining Company against tbe Mammoth Mining Company. Judgment for plaintiff and dismissing defendant’s counterclaim. Defendant appeals. APPELLANT’S POINTS. Appellant insists that the so-called decree was an order merely. If it was a final judgment, we have now two final judgments in this case without the intervention of a new trial — an* impossibility — a conclusion similar to the reduc-tio■ ad dbsurdum of mathematics. If this court decides that it was, in. legal effect, but an order, it cannot…
1Opinion of the CourtStraup, C. J.
This action was brought by the Grand Central Mining Company, the plaintiff and respondent, against the Mammoth Mining Company, the defendant and appellant. In the first count of the complaint it was alleged that the plaintiff was the owner of a certain vein or lode beneath the surface limits of a lode claim owned by the plaintiff, and called the Silveropolis, and that the defendant had trespassed thereon, and had wrongfully extracted ores therefrom and converted them to its own use. In another count the plaintiff prayed for injunctive relief. The defendant denied the alleged trespass and the…
2Cases cited7 opinions
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
- Clary v. HoaglandCalifornia Supreme Court · 1856
- Cable v. United States Life Ins. Co. of New YorkCourt of Appeals for the Seventh Circuit · 1901
- Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
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3Cited by12 opinions
- Gore v. BingamanCalifornia Supreme Court · 1942
- Varney v. TaylorNew Mexico Supreme Court · 1968
- Farmers Bank & Trust Co. v. StanleyCourt of Appeals of Kentucky · 1921
- Helper State Bank v. CrusUtah Supreme Court · 1938
- Silver King Coalition Mines Co. v. Conkling Mining Co.Supreme Court of the United States · 1921
7 more not listed; retrieve them via the Exa API.