Campbell v. Iron-Silver Min. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. ■ Peter Campbell and others, the plaintiffs in error, sued the Iron-Silver Mining Company, the defendant in error, on July 5, 1884, in a proceeding by ejectment. The suit was first tried, and the plaintiffs recovered a judgment, on May 21, 1885. This judgment was reversed by the supreme court of the United States on April 28, 1890. Mining Co. v. Campbell, 135 U. S. 286, 10 Sup.
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In Error to the Circuit Court of the United States for the District of Colorado. ■ Peter Campbell and others, the plaintiffs in error, sued the Iron-Silver Mining Company, the defendant in error, on July 5, 1884, in a proceeding by ejectment. The suit was first tried, and the plaintiffs recovered a judgment, on May 21, 1885. This judgment was reversed by the supreme court of the United States on April 28, 1890. Mining Co. v. Campbell, 135 U. S. 286, 10 Sup. Ct. 765. The case was again tried on April 3, 1893, pursuant to the order of reversal, and the plaintiffs recovered a second verdict and…
1Opinion of the CourtThayer, Circuit Judge
It will be observed from the foregoing statement that one new trial was had in the case at bar, as of right, on June 16, 1896, — nearly a year after the amendatory act of April 13, 1895, was passed and became operative. The case falls, therefore, within the language of said act; and the general question to be determined is whether the act of April 13, 1895, should be construed as applicable to pending cases, or as solely applicable to suits for possession of real property *645brought after the act took effect. It is contended by the plaintiffs, in substance, 1hat the act in question is not…
2Cases cited18 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Mellinger v. City of Houston (Tex. 1-18-1887)Texas Supreme Court · 1887
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
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3Cited by9 opinions
- State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Devine's CaseMassachusetts Supreme Judicial Court · 1921
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Evans-Snider-Buel Co. v. McFaddenCourt of Appeals for the Eighth Circuit · 1900
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