Legal Opinion

Madden v. McKenzie

Court of Appeals for the Ninth Circuit

Decided February 19, 1906No. 1,227PublishedCited by 7 opinions

1Opinion of the CourtGilbert, Circuit Judge

The .Code of Civil Procedure of Alaska, while in the main it follows closely the Code of Oregon, differs essentially from it in the particular that it provides: “The distinction between actions at law and suits in equity and the forms of all such actions and suits are abolished. There shall be but one form of action for the protection of private rights and the redress and prevention of private wrongs, which is dominated a civil action.” Carter’s Codes of Alaska, p. 145, § 1.

Such a statute, while it does not abolish all distinction between law and equity as to procedure, has the effect to…

2Cases cited3 opinions

  1. Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
  2. White v. LyonsCalifornia Supreme Court · 1871
  3. McGee v. CurrieTexas Supreme Court · 1849

3Cited by7 opinions

  1. Fish v. First Nat. BankCourt of Appeals for the Ninth Circuit · 1907
  2. Murray v. Sioux Alaska Mining Co.Court of Appeals for the Ninth Circuit · 1917
  3. Harris v. JacksonDistrict Court, E.D. Oklahoma · 1939
  4. Mitchell v. Beaver Dredging Co.District Court, D. Alaska · 1935
  5. Pioneer Mining Co. v. Pacific Coal Co.District Court, D. Alaska · 1911

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