Campbell v. Golden Cycle Min. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. The Theresa Gold Mining Company, a corporation of the state of Colorado, was the owner of the Theresa lode mining claim. The Golden Cycle Mining Company, a corporation of the state of West Virginia, was the owner of the Legal Tender and La Bella lode mining claims.
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Appeal from the Circuit Court of the United States for the District of Colorado. The Theresa Gold Mining Company, a corporation of the state of Colorado, was the owner of the Theresa lode mining claim. The Golden Cycle Mining Company, a corporation of the state of West Virginia, was the owner of the Legal Tender and La Bella lode mining claims. The Theresa Company claimed that four veins of ore, whose apexes were within the surface lines of the Theresa mining claim, passed through the vertical side line of the Cycle Company’s claims on their dip, and that the Cycle Company had removed ores…
1Opinion of the CourtSanborn, Circuit Judge
The bill in equity which was exhibited in this suit disclosed no federal question and no diverse citizenship of a nature to give to the Circuit Court jurisdiction of the parties and the subject-matter; and these facts furnish one of the grounds of the demurrer which was sustained by the Circuit Court. If the jurisdiction of the Circuit Court is in issue and decided in favor of the defendant, the Circuit Court of Appeals has no jurisdiction to review the decision, because it disposes of the case, and the plaintiff must have the question certified and take his appeal or writ of error to the…
2Cases cited16 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Freeman v. HoweSupreme Court of the United States · 1861
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Wehrman v. ConklinSupreme Court of the United States · 1894
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Hoosier Cas. Co. of Indianapolis, Ind. v. FoxDistrict Court, N.D. Iowa · 1952
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- St. Louis-San Francisco Ry. Co. v. McElvainDistrict Court, E.D. Missouri · 1918
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1933
17 more not listed; retrieve them via the Exa API.