Tonopah Fraction Min. Co. v. Douglass
District Court, D. Nevada
In Equity. On demurrer to bill. The portions of the complaint in this suit to which the demurrer is directed are as follows; (1) The complaint avers that the defendants are citizens and residents within the state of Nevada, and nonresidents of the state of New Jersey, “where your orator resides.”
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In Equity. On demurrer to bill. The portions of the complaint in this suit to which the demurrer is directed are as follows; (1) The complaint avers that the defendants are citizens and residents within the state of Nevada, and nonresidents of the state of New Jersey, “where your orator resides.” (2) That on “the 19th day of December, 1901, your orator and its predecessors in interest was, ever since has been, and now is, the owner (subject only to the paramount title of the United States), and in the actual, open,, notorious, undisturbed, and uninterrupted possession and entitled to the…
1Opinion of the CourtHawley, District Judge
(orally). The first point of the demurrer is purely technical, and is devoid of merit. The averment in the complaint is a sufficient compliance with rule 20, Equity Rules. 3 Desty’s Fed. Prac. p. 172.
The second point—as to the character of the suit and sufficiency of the averments in the bill as to complainant’s title, etc.—presents questions upon which there has been more or less diversity of opinions expressed by the courts. The authorities upon these questions are too numerous to review. Most of them are cited in 2 Lind, on Mines (2d Ed.) § 754; 1 Snyder on Mines, §§ 708-723; 14 Enc. Pl. &…
2Cases cited18 opinions
- Perego v. DodgeSupreme Court of the United States · 1896
- Jackson v. RobySupreme Court of the United States · 1883
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Goldfield Consolidated Milling & Transportation Co. v. Old Sandstorm Annex Gold Mining Co.Nevada Supreme Court · 1915
- Pueblo v. Dumas MárquezSupreme Court of Puerto Rico · 1961
- Tonopah & Salt Lake Min. Co. v. Tonopah Min. Co. of NevadaU.S. Circuit Court for the District of Nevada · 1903
- Aikins v. Nevada Placer, Inc.Nevada Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.