Heinze v. Butte & Boston Consolidated Min. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana.
1Opinion of the Court
GILBERT, Circuit Judge.
The questions presented for consideration on this appeal are: First, whether the amended bill for partition was defective, for the reason that it contained no allegation that the appellee the Butte & Boston Consolidated Mining Company was in possession of the premises sought to be partitioned; second, whether the decree should be reversed for the reason that the trial court proceeded to a trial of the issues presented on the cross-bill of the appellants after it was disclosed that the title of the complainant in the amended bill was in dispute; third, whether the court…
2Cases cited26 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Weston v. . StoddardNew York Court of Appeals · 1893
- Holgate v. EatonSupreme Court of the United States · 1885
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
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3Cited by19 opinions
- American Calcar, Inc. v. American Honda Motor Co., Inc.Court of Appeals for the Federal Circuit · 2011
- Feller v. Architects Display Buildings, Inc.New Jersey Superior Court Appellate Division · 1959
- Spiotta v. William H. Wilson, Inc.New Jersey Superior Court Appellate Division · 1962
- Lawrence v. HarveyMontana Supreme Court · 1980
- Chapin v. StuckeySupreme Court of Arkansas · 1985
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