Lee Doon v. Tesh

CHIPMAN, C.

Motion by defendants to dismiss for neglect to prosecute with diligence.

In 1882 plaintiffs brought the action to determine their right to the possession of certain mining ground as against defendants’ right to possession. The action was brought under section 2326 of the Revised Statutes of the United States. Defendants had judgment on demurrer in January, 1882. An appeal was taken to this court and the judgment was reversed as to one of the plaintiffs, with instructions to overrule the demurrer to his complaint with leave to defendants to answer thereto, and as to the other…