Legal Opinion · Dissent

Daniels v. Portland Gold Mining Co.

Court of Appeals for the Eighth Circuit

Decided November 23, 1912No. 3,755Published

Appeal from the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit in equity by the Portland Gold Mining Company and others against Charles Daniels and others. Defendants appeal from an order granting a preliminary injunction.

1DissentSanborn, Circuit Judge

Lord Chancellor Cotten-ham, presiding in the High Court of Chancery in England in 1841 said in Wollworth v. Holt, 4 Mylne & Craig, 619, 635:

“I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules established under different circumstances to decline to administer justice and to enforce rights for which there is no other remedy. This has always been the principle Of this court, though not at all times sufficiently attended to. It is the ground upon which the court has in many cases…

2Cases cited24 opinions

In Re DebsSupreme Court of the United States · 1895
Joy v. St. LouisSupreme Court of the United States · 1891
Board of Trade of Chicago v. Christie Grain & Stock Co.Supreme Court of the United States · 1905
Hale v. AllinsonSupreme Court of the United States · 1903
Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907

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