United States v. Utah Tower & Light Co.
District Court, D. Utah
In Equity. Suit by the United States against the Utah Power & Eight Company. On motion to dismiss the whole and specify parts of the- complaint.
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In Equity. Suit by the United States against the Utah Power & Eight Company. On motion to dismiss the whole and specify parts of the- complaint. The suit was brought by the United States to determine the rights of the power company with reference to the maintenance of a part of its plant within the national forest without permission from either the.' Secretary of the Interior or the Secretary of Agriculture, and to enjoin an alleged continuing trespass or purpresture; the government claiming that the defendant had gone on the public domain and on the national forest without consent or…
1Opinion of the Court
MARSHALL, District Judge.
[1] It is first objected that the plaintiff has an adequate relief at law, and hence no right in equity. The plaintiff alleges an exclusive possession in defendant — not simply an exercise of an easement. A claim of right is not negatived. An action in ejectment would seem to furnish adequate relief. But it is not necessary to determine this question. Under equity rule 22 (198-Fed. xxiv, 115 C. C. A. xxiv), the objection, if well taken, is only ground for the transfer of the suit to the law side of the court, and does not justify a dismissal.
[2, 3] Passing to the…
2Cases cited8 opinions
- Speer v. StephensonIdaho Supreme Court · 1909
- Sternberger v. Seaton Mining Co.Supreme Court of Colorado · 1909
- Cottonwood Ditch Co. v. ThomMontana Supreme Court · 1909
- United States v. Conrad Inv. Co.U.S. Circuit Court for the District of Montana · 1907
- Cascade Town Co. v. Empire Water & Power Co.U.S. Circuit Court for the District of Colorado · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Sturgeon v. BrooksWyoming Supreme Court · 1955
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- Kelley v. United StatesCourt of Appeals for the Ninth Circuit · 1929
- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
5 more not listed; retrieve them via the Exa API.