Highland Boy Gold Min. Co. v. Strickley
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District ■of Utah. John Strickley, the defendant in error, who will hereafter be called the plaintiff, brought an action in. one of the district courts of the state of Utah .against the Highland Boy Gold Mining Company, a corporation, the plaintiff in. ■error, which will hereafter be called the defendant.
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In Error to the Circuit Court of the United States for the District ■of Utah. John Strickley, the defendant in error, who will hereafter be called the plaintiff, brought an action in. one of the district courts of the state of Utah .against the Highland Boy Gold Mining Company, a corporation, the plaintiff in. ■error, which will hereafter be called the defendant. That action was removed to the United States circuit court for the district of Utah, and thereupon the ■plaintiff filed an amended complaint. In this complaint he alleged that he was the owner of the Argonaut No. 1 placer mining…
1Opinion of the CourtSanborn, Circuit Judge
The difference between causes of action at law and in equity is matter of substance, and not of form. In the national courts the in*854eradicable distinction between them is as sedulously preserved in the forms and practice available for their maintenance as it is in the natures of the causes themselves and in' the principles upon which they rest. A legal cause of action may not be sustained in equity, because there is an adequate remedy for the wrong it presents at law, and it is only when there is no such remedy that a suit in equity can be maintained. Equitable causes and defenses are not…
2Cases cited24 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Reynes v. DumontSupreme Court of the United States · 1889
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Tyler v. SavageSupreme Court of the United States · 1892
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Atlantic & Birmingham Railroad v. PennySupreme Court of Georgia · 1904
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
19 more not listed; retrieve them via the Exa API.