Legal Opinion

Mahoney Min. Co. v. Bennett

U.S. Circuit Court for the District of California

Decided August 20, 1877PublishedCited by 6 opinions

[This was an action by the Mahoney Mining Company against Samuel Bennett.] Motion for leave to file record in a case transferred from tile state court before the time -appointed by law, and for a preliminary re•straining order.

1Opinion of the Court

SAWYER, Circuit Judge.

On July 10, 1877, the complainant filed its bill in the •state district court of the Nineteenth judicial district, among other things, praying an injunction against the sale and working of the mine claimed by the complainant. At the same time it gave defendant notice of an application for a preliminary injunction. On August 6, the defendant gave notice of his appearance, and of a petition to remove the case to the United States circuit court, on the ground that the defendant is a citizen of Prussia, the complainant being a domestic corporation; which motion was granted…

2Cited by6 opinions

  1. Delbanco v. SingletaryU.S. Circuit Court for the District of Nevada · 1889
  2. Hamilton v. FowlerU.S. Circuit Court for the District of Western Tennessee · 1897
  3. Kansas City & T. Ry. Co. v. Interstate Lumber Co.U.S. Circuit Court for the District of Western Missouri · 1888
  4. Texas & St. L. Ry. Co. v. RustUnited States Circuit Court · 1883
  5. Pelzer Manuf'g Co. v. St. Paul Fire & Marine Ins. Co.U.S. Circuit Court for the District of South Carolina · 1889

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