Legal Opinion

Lamb v. Powder River Live Stock Co.

Court of Appeals for the Eighth Circuit

Decided September 5, 1904No. 1,813PublishedCited by 68 opinions

In Error to the Circuit Court of the United States for the District of Colorado. Lamb, a citizen and resident of Nebraska, commenced an action against the live stock company, a Colorado corporation, in the Circuit Court of the United States for the District of Colorado, on February 14, 1901, upon a judgment for the payment of money recovered by him against the company in a court of Nebraska.

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In Error to the Circuit Court of the United States for the District of Colorado. Lamb, a citizen and resident of Nebraska, commenced an action against the live stock company, a Colorado corporation, in the Circuit Court of the United States for the District of Colorado, on February 14, 1901, upon a judgment for the payment of money recovered by him against the company in a court of Nebraska. Defendant answered that it was a bona fide resident of Colorado; that the judgment sued upon was recovered,March 4, 1895, more than three months prior to the commencement of the action, and was based upon…

1Opinion of the CourtVan Devanter, Circuit Judge

No change in the statute law of Colorado was made by the act of April 6,1899 (Sess. Laws 1899, p. 248, c. 113). In form and in purpose it was an amendatory act conforming to the requirement of the state Constitution (article 5, § 24) that when a law is amended it shall be reenacted and published at full length. It re-enacted the act of April 29, 1895 (Sess. Laws 1895, p. 239, c. 106) without other change than to add a third proviso at the end of the first section. For reasons not material to the present inquiry, the added proviso is void, as held by this court in Keyser v. Lowell, 54 C. C. A.…

2Cases cited47 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Edwards v. KearzeySupreme Court of the United States · 1878
  3. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  4. Terry v. AndersonSupreme Court of the United States · 1877
  5. Bronson v. KinzieSupreme Court of the United States · 1843

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3Cited by68 opinions

  1. Daugaard v. Baltic Cooperative Building Supply Ass'nSouth Dakota Supreme Court · 1984
  2. Allen v. Mottley Construction Co.Supreme Court of Virginia · 1933
  3. Duffy v. HartsockSupreme Court of Virginia · 1948
  4. Fullerton v. LammOregon Supreme Court · 1945
  5. McMacken v. StateSouth Dakota Supreme Court · 1982

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