Anderson v. Simpson
Supreme Court of Iowa
Appeal from Dubuque District, Court. , This is a suit in equity, to enjoin the defendant from mining lead ore upon certain premises known as the north part of mineral lot number thirty-one in Dubuque county, and to settle and determine the plaintiffs’ right to mine thereon. A temporary injunction was grantedi on the filing of the petition.
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Appeal from Dubuque District, Court. , This is a suit in equity, to enjoin the defendant from mining lead ore upon certain premises known as the north part of mineral lot number thirty-one in Dubuque county, and to settle and determine the plaintiffs’ right to mine thereon. A temporary injunction was grantedi on the filing of the petition. The testimony was all taken in writing, and the cause tried as by the first method of trying equitable issues. . But on motion of defendant, certain issues were submitted to a jury. The first jury disagreed and were discharged. The second jury returned a…
1Opinion of the CourtCole, J.
The finding of the jury has, m sucn cases as this, properly triable by the first method for the trial of equitable issues, no binding legal effect upon the determination of the case by the court; but the court may accept or reject the finding and render such judgment as he considers equitable. Revision, § 2999.
The evidence covers four hundred and fifteen pages of manuscript, and has received a careful first and second reading. Without taking the space requisite to a detailed statement of the facts and circumstances proved in the *401case, ór the process of reasoning, whereby we come to the…
2Cases cited1 opinion
- Beatty v. GregorySupreme Court of Iowa · 1864
3Cited by9 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Owens v. LewisIndiana Supreme Court · 1874
- Metcalf v. HartWyoming Supreme Court · 1891
- Harkness v. BurtonSupreme Court of Iowa · 1874
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