Phœnix-Buttes Gold Mining Co. v. Winstead
District Court, N.D. California
In Equity. Bill by the Phcenix-Buttes Gold Mining Company against Charles J. Winstead and others. Bill dismissed, and, from an allowance of defendants’ costs, plaintiff appeals.
1Opinion of the Court
VAN FLEET, District Judge.
[1] The bill in this case was dismissed on the ground that the evidence disclosed that the cause had been collusively brought in this court by the plaintiff (Phœnix-Buttes G. M. Co. v. Winstead, 226 Fed. 855), and the question now presented is whether in such an instance the court may competently allow a defendant his costs. The theory of the plaintiff, in support of its objection to. the award of costs, is that the cause was dismissed for want of jurisdiction, and that in such a case the court’s power extends only to a dismissal of the action, with no more right to…
2Cases cited14 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Mayor v. CooperSupreme Court of the United States · 1868
- Cates v. AllenSupreme Court of the United States · 1893
- Citizens' Bank v. CannonSupreme Court of the United States · 1896
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3Cited by4 opinions
- Johns-Manville Corporation and Johns-Manville Sales Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1989
- Benitez v. Bank of Nova ScotiaCourt of Appeals for the First Circuit · 1940
- Devost v. Twin State Gas & Electric Co.Court of Appeals for the First Circuit · 1918
- Inglewood Federal Savings & Loan Ass'n v. RichardsonDistrict Court, S.D. California · 1954