Legal Opinion
Lakin v. Dolly
U.S. Circuit Court for the District of Northern California
Decided March 23, 1891No. Nos. 16,596, 10,630PublishedCited by 7 opinions
At Law. Actions of ejectment by William H. Laldn against O. B. Dolly, (No. 10,590,) and against J. H. Roberts and others, (No. 10,630.) In canse No. 10,596 judgment was heretofore given for plaintiff. It is now resubmitted on an agreed statement of facts. Cause 10,630 is submitted on the same facts.
1Opinion of the Court
HAWLEY, District Judge.
These cases are actions of ejectment. The Dolly case is submitted upon a stipulation — •
“That defendant may move to set asido the judgment, and for a new trial of the above-entitled action, without previous service of notice of intention, and without showing of facts constituting surprise or excusable neglect as a ground of the motion; it being agreed that if the facts hereinafter stipulated do, as matter of law, show a right of the defendant to defend the action successfully *334as against the plaintiff, under the pleadings, defendant is entitled to a new trial of said…
2Cases cited20 opinions
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- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
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3Cited by7 opinions
- Sunburst Minerals, LLC v. Emerald Copper Corp.District Court, D. Arizona · 2018
- Young v. SeverySupreme Court of Oklahoma · 1897
- Young v. Severy, AssigneeSupreme Court of Oklahoma · 1897
- Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1897
- Carson City Gold & Silver Min. Co. v. North Star Min. Co.Court of Appeals for the Ninth Circuit · 1897
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