El Dora Oil Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Southern District of California; Maurice T. Dooling, Judge. Suit in equity by the United States against the El Dora Oil Company, J. E. Campbell, H. M. Jackson, and John Shrader, doing business under the firm name of the Ohio Valley Construction Company, and John Shrader and T. J. Green. From an order granting a preliminary injunction, defendants appeal.
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Appeal from the District Court of the United States for the Northern Division of the Southern District of California; Maurice T. Dooling, Judge. Suit in equity by the United States against the El Dora Oil Company, J. E. Campbell, H. M. Jackson, and John Shrader, doing business under the firm name of the Ohio Valley Construction Company, and John Shrader and T. J. Green. From an order granting a preliminary injunction, defendants appeal. The United States, the appellee herein, was the plaintiff in a suit in the court below, the purpose of which was to stay waste of oil on a certain quarter…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the. facts as above). It is contended that upon the facts shown on the face pf the bill the plaintiff has an adequate remedy at law in ejectment, and it is also urged that where, as here, a bill alleges that the defendant is in possession, equity has no jurisdiction of an action to recover possession, or to remove a cloud, or to quiet title, even though other relief be asked.
*948[1,2] As to the suggestion that there is an adequate remedy at law, it is to be said that the defendants failed in the court below, by motion, plea, or otherwise, to raise that objection to the jurisdiction…
2Cases cited13 opinions
- United States v. Midwest Oil Co.Supreme Court of the United States · 1915
- Archer v. Greenville Sand & Gravel Co.Supreme Court of the United States · 1914
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- Peck v. Ayers & Lord Tie Co.Court of Appeals for the Sixth Circuit · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Midway Northern Oil Co.District Court, S.D. California · 1916
- Marquette Cement Mining Co. v. Oglesby Coal Co.District Court, N.D. Illinois · 1918
- Chanslor-Canfield Midway Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1920
- Devil's Den Consol, Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- United States v. Devil's Den Consol. Oil Co.District Court, S.D. California · 1916