Miller & Lux v. Rickey
U.S. Circuit Court for the District of Nevada
In Equity. This case in its incipient stages bristles with objections upon every step that has been taken by either party. Several matters have been disposed of, and some of them have been deemed of sufficient importance to require a review of the authorities upon the xioints discussed. Miller & Lux v. Hickey et al. (C. C.) 123 Fed. 604. It has now reached a stage, by pleas and demurrers, where the character and sufficiency of the pleadings must be determined.
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In Equity. This case in its incipient stages bristles with objections upon every step that has been taken by either party. Several matters have been disposed of, and some of them have been deemed of sufficient importance to require a review of the authorities upon the xioints discussed. Miller & Lux v. Hickey et al. (C. C.) 123 Fed. 604. It has now reached a stage, by pleas and demurrers, where the character and sufficiency of the pleadings must be determined. Following the former decision herein, the defendant Rickey elected to stand upon his plea to the jurisdiction of the court, in…
1Opinion of the Court
HAWLEY, District Judge.
1. Is the plea to the jurisdiction interposed by .defendant Rickey well taken? This question has been elaborately discussed by counsel, and presented in various forms, and .numerous authorities cited with reference thereto. These points and authorities have been carefully examined. In the disposition of the question it will be the aim of the court to confine itself to the real points directly involved by the particular facts of this case as drawn from the pleadings, and to the grounds upon which the decision will be based. It will, of course, be conceded at the outset…
2Cases cited28 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Massie v. WattsSupreme Court of the United States · 1810
- Lux v. HagginCalifornia Supreme Court · 1886
- Muller v. DowsSupreme Court of the United States · 1876
- Casey v. AdamsSupreme Court of the United States · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mineral County v. STATE, DEPT. OF CONSERV.Nevada Supreme Court · 2001
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Vineyard Land & Stock Co. v. Twin Falls Salmon River Land & Water Co.Court of Appeals for the Ninth Circuit · 1917
- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Steptoe Live Stock Co. v. GulleyNevada Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.