Equator Company v. Hall
Supreme Court of the United States
Error to tlie Circuit Court of the United'States for the District of Colorado. This was an action brought by.George W. Hall and Charles H. Marshall, against the Equator Mining and Smelting Company, to recover possession of a silver mine in Colorado. At the December Term, 1878, of the court below the case was, by agreement of the parties, submitted to the judge, who rendered a finding and a judgment in favor of the defendant.
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Error to tlie Circuit Court of the United'States for the District of Colorado. This was an action brought by.George W. Hall and Charles H. Marshall, against the Equator Mining and Smelting Company, to recover possession of a silver mine in Colorado. At the December Term, 1878, of the court below the case was, by agreement of the parties, submitted to the judge, who rendered a finding and a judgment in favor of the defendant. Thereupon the plaintiffs paid the costs of the suit up to that time, and under the provisions of sect. 254 of the Code of Civil Procedure of that State obtained a new…
1Opinion of the CourtJustice Miller
Two questions are presented for our • consideration in reviewing the action of the Circuit Court on this motion for a new trial. The first is, whether the Circuit Court of the United States sitting in Colorado is to-be governed by the statute of that State on this subject.
At the common law, the fiction in an action of ejectment, by which John Doe and Richard Roe were made respectively the plaintiff and the defendant, permitted any number of trials after verdict and judgment between the same parties in interest on the same question of title, by the use of other fictitious names, and other…
2Cases cited1 opinion
- Miles v. CaldwellSupreme Court of the United States · 1865
3Cited by20 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Britton v. ThorntonSupreme Court of the United States · 1884
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- Mansfield v. Excelsior Refining Co.Supreme Court of the United States · 1890
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