Sparrow v. Strong
Supreme Court of the United States
Sparrow brought an action in the nature of an ejectment in the District Court for the first judicial district of Story County, Nevada Territory, to recover' an interest in a Mining Claim, a sort of interest very common in the argentiferous. Territory just named.
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Sparrow brought an action in the nature of an ejectment in the District Court for the first judicial district of Story County, Nevada Territory, to recover' an interest in a Mining Claim, a sort of interest very common in the argentiferous. Territory just named. The case was tried before a jury upon a considerable body of 'evidence, and a verdict having been given for the defendant, a judgment in the nature of a judgment in ejectment was regularly rendered by the court upon it. Subsequently, a motion for new trial was made. A statement embodying all the evidence was drawn up and agreed to by…
1Opinion of the Court
The CHIEF JUSTICE
now delivered the opinion of the court, on all three of the points.
The first ground taken in favor of dismissing the writ of error, to wit, that the record was not filed in time by the' plaintiff in error, is untenable. The writ was regularly sued out on the 14th of August, 1863, returnable at the next term, of the court thereafter, and was duly served; a citation was also issued and served, returnable at the same term; and the writ and citation, with the record, were returned here and filed, and the cause docketed before the motion to dismiss. It has been repeatedly held…
2Cases cited2 opinions
- Bingham v. MorrisSupreme Court of the United States · 1812
- Hecker v. FowlerSupreme Court of the United States · 1862
3Cited by33 opinions
- United Public Workers of America v. MitchellSupreme Court of the United States · 1947
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Elgin v. MarshallSupreme Court of the United States · 1883
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- The United States v. The Northern Paiute NationUnited States Court of Claims · 1968
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