Perego v. Dodge
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was a suit brought by 'William Perego against W. H. Dodge and others in the District Court for the Third Judicial District of the Territory of Utah in pursuance of the provisions of section 2326 of the Revised Statutes.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was a suit brought by 'William Perego against W. H. Dodge and others in the District Court for the Third Judicial District of the Territory of Utah in pursuance of the provisions of section 2326 of the Revised Statutes. The complaint alleged the title of plaintiff to a mining claim, called the Perego, of which he averred he was in possession ; described it; and stated the date of location, existence of the vein and the other facts entitling him to a decree founded upon such title. It was then alleged that defendants had made…
1Opinion of the CourtChief Justice Duller
In the Territory of Utah there was but one form of action, legal or equitable, through the intervention of a jury or by the court itself, according to the nature of the relief sought, provided, however, that no party could be “ deprived of the right of trial by jury in cases cognizable at common law.” Bev. Stat. § 1868; act of April 7,1874, c. 80, § 1, 18 Stat. 27; Comp. Laws of Utah, § 3126; Idaho & Oregon Land Improvement Co. v. Bradbury, 132 U. S. 509, 513.
By section 3468 of the Code of Civil Procedure of Utah, an action might be brought by any person against another who claimed an estate…
2Cases cited9 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- United States v. JonesSupreme Court of the United States · 1889
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Bond v. DustinSupreme Court of the United States · 1884
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3Cited by83 opinions
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- Duignan v. United StatesSupreme Court of the United States · 1927
- Cole v. RalphSupreme Court of the United States · 1920
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Clipper Mining Co. v. Eli Mining & Land Co.Supreme Court of the United States · 1904
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