Lindsley v. Union Silver Star Min. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the District of Idaho. This was an action brought by the plaintiff in error against the defendant in error to recover possession of the mining ground and premises described in the complaint.
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In Error to the Circuit Court of the United States for the Northern Division of the District of Idaho. This was an action brought by the plaintiff in error against the defendant in error to recover possession of the mining ground and premises described in the complaint. The defendant pleaded in bar a judgment in its favor upon a demurrer to the complaint in a suit brought by the same plaintiff against the defendant upon the same cause of action in a district eourt of the .state of Idaho. This plea alleged the commencement of an action in the state court by plaintiff against the defendant, for…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The only question raised by the demurrer to the plea was whether the plea stated facts sufficient to constitute a defense to the action. A plea^ of former adjudication is sufficient if it alleges that the former action was between the same parties, and presented the same cause of action, in a court of competent jurisdiction, and that the judgment of the court was upon the merits of the case. 9 Enc. Pl. & Prac. 620, 621; Gould v. Railroad Co., 91 U. S. 526, 529, 23 L. Ed. 416. The plea in this case contained these allegations, supported by copies of the…
2Cases cited19 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Beloit v. MorganSupreme Court of the United States · 1869
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
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3Cited by4 opinions
- Miller v. MargerieCourt of Appeals for the Ninth Circuit · 1909
- Price v. WallaceDistrict Court, D. Oregon · 1915
- Woodard v. OutlandCourt of Appeals for the Eighth Circuit · 1929
- Johanson v. SondheimDistrict Court, D. Alaska · 1910